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SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Hubbard Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Continued payment of bonuses and similar benefits for members
of the Armed Forces who receive sole
survivorship discharge.
Sec. 3. Availability of separation pay for members of the Armed Forces
with less than six years of active service
who receive sole survivorship discharge.
Sec. 4. Transitional health care for members of the Armed Forces who
receive sole survivorship discharge.
Sec. 5. Transitional commissary and exchange benefits for members of
the Armed Forces who receive sole
survivorship discharge.
Sec. 6. Veterans benefits for members of the Armed Forces who receive
sole survivorship discharge.
Sec. 7. Unemployment compensation for members of the Armed Forces who
receive sole survivorship discharge.
Sec. 8. Preference-eligible status for members of the Armed Forces who
receive sole survivorship discharge.
Sec. 9. Effective date.
SEC. 2. CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR MEMBERS
OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP
DISCHARGE.
(a) Effect of Sole Survivorship Discharge.--Section 303a(e) of
title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``A member'' and
inserting ``(A) Except as provided in paragraph (2), a
member'';
(2) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1).
(3) by inserting after paragraph (1), as so amended, the
following new paragraph (2):
``(2)(A) If a member of the uniformed services receives a sole
survivorship discharge, the Secretary concerned--
``(i) shall not require repayment by the member of the
unearned portion of any bonus, incentive pay, or similar
benefit previously paid to the member; and
``(ii) may grant an exception to the requirement to
terminate the payment of any unpaid amounts of a bonus,
incentive pay, or similar benefit if the Secretary concerned
determines that termination of the payment of the unpaid
amounts would be contrary to a personnel policy or management
objective, would be against equity and good conscience, or
would be contrary to the best interests of the United States.
``(B) In this paragraph, the term `sole survivorship discharge'
means the separation of a member from the Armed Forces, at the request
of the member, pursuant to the Department of Defense policy permitting
the early separation of a member who is the only surviving child in a
family in which--
``(i) the father or mother or one or more siblings--
``(I) served in the Armed Forces; and
``(II) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing in
action status, or is permanently 100 percent disabled
or hospitalized on a continuing basis (and is not
employed gainfully because of the disability or
hospitalization); and
``(ii) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent or
sibling and was not incurred during a period of unauthorized
absence.''.
(b) Sense of Congress.--In light of the extraordinary discretion
granted to the Secretary of a military department by statute and policy
to continue to pay the unpaid amounts of a bonus, incentive pay, or
similar benefit otherwise due to a member of the Armed Forces under the
jurisdiction of the Secretary who receives a sole survivorship
discharge, it is the sense of Congress that the Secretaries of the
military departments should aggressively use such discretion to the
benefit of members receiving a sole survivorship discharge.
SEC. 3. AVAILABILITY OF SEPARATION PAY FOR MEMBERS OF THE ARMED FORCES
WITH LESS THAN SIX YEARS OF ACTIVE SERVICE WHO RECEIVE
SOLE SURVIVORSHIP DISCHARGE.
Section 1174 of title 10, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Special Rule for Members Receiving Sole Survivorship
Discharge.--(1) A member of the Armed Forces who receives a sole
survivorship discharge shall be entitled to separation pay under this
section even though the member has completed less than six years of
active service immediately before that discharge. Subsection (e) shall
not apply to a member who receives a sole survivorship discharge.
``(2) The amount of the separation pay to be paid to a member
pursuant to this subsection shall be based on the years of active
service actually completed by the member before the member's sole
survivorship discharge.
``(3) In this subsection, the term `sole survivorship discharge'
means the separation of a member from the Armed Forces, at the request
of the member, pursuant to the Department of Defense policy permitting
the early separation of a member who is the only surviving child in a
family in which--
``(A) the father or mother or one or more siblings--
``(i) served in the Armed Forces; and
``(ii) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing in
action status, or is permanently 100 percent disabled
or hospitalized on a continuing basis (and is not
employed gainfully because of the disability or
hospitalization); and
``(B) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent or
sibling and was not incurred during a period of unauthorized
absence.''.
SEC. 4. TRANSITIONAL HEALTH CARE FOR MEMBERS OF THE ARMED FORCES WHO
RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 1145(a)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(E) A member who receives a sole survivorship discharge
(as defined in section 1174(i) of this title).''.
SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF
THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 1146 of title 10, United States Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(a) Benefits for Members Involuntarily Separated.--The Secretary
of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Benefits for Members Receiving Sole Survivorship Discharge.--
A member of the Armed Forces who receives a sole survivorship discharge
(as defined in section 1174(i) of this title) is entitled to continue
to use commissary and exchange stores and morale, welfare, and
recreational facilities in the same manner as a member on active duty
during the two-year period beginning on the later of the following
dates:
``(1) The date of the separation of the member.
``(2) The date on which the member is first notified of the
members entitlement to benefits under this section.''.
SEC. 6. VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE
SOLE SURVIVORSHIP DISCHARGE.
(a) Housing Loan Benefits.--Section 3702(a)(2) of title 38, United
States Code, is amended by adding at the end the following new
subparagraph:
``(F) Each veteran who was discharged or released from a
period of active duty of 90 days or more by reason of a sole
survivorship discharge (as that term is defined in section
1174(i) of title 10).''.
(b) Employment and Training.--Section 4211(4) of such title is
amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) was discharged or released from active duty
by reason of a sole survivorship discharge (as that
term is defined in section 1174(i) of title 10).''.
(c) Basic Educational Assistance.--
(1) Service on active duty.--Section 3011(a)(1) of such
title is amended--
(A) in subparagraph (A)(ii), by inserting after
``service-connected disability,'' the following: ``by
reason of a sole survivorship discharge (as that term
is defined in section 1174(i) of title 10),'';
(B) in subparagraph (B)(ii), by inserting after
``service-connected disability,'' the following: ``by
reason of a sole survivorship discharge (as that term
is defined in section 1174(i) of title 10),''; and
(C) in subparagraph (C)(iii)(II), by inserting
after ``service-connected disability,'' the following:
``by reason of a sole survivorship discharge (as that
term is defined in section 1174(i) of title 10),''.
(2) Service in the selected reserve.--Section 3012(b)(1) of
such title is amended--
(A) in subparagraph (A)--
(i) by striking ``, or (vi)'' and inserting
``, (vi)''; and
(ii) by inserting before the period at the
end the following: ``, or (vii) by reason of a
sole survivorship discharge (as that term is
defined in section 1174(i) of title 10)''; and
(B) in subparagraph (B)--
(i) in clause (i), by inserting after
``service-connected disability,'' the
following: ``by reason of a sole survivorship
discharge (as that term is defined in section
1174(i) of title 10),''; and
(ii) in clause (ii)--
(I) by striking ``, or (VI)'' and
inserting ``, (VI)''; and
(II) by inserting before the period
at the end the following: ``, or (VII)
by reason of a sole survivorship
discharge (as that term is defined in
section 1174(i) of title 10)''.
SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE ARMED FORCES WHO
RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 8521(a)(1)(B)(ii)(III) of title 5, United States Code, is
amended by striking ``hardship,'' and inserting ``hardship (including
pursuant to a sole survivorship discharge, as that term is defined in
section 1174(i) of title 10),''.
SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED FORCES WHO
RECEIVE SOLE SURVIVORSHIP DISCHARGE.
Section 2108(3) of title 5, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (G) the following:
``(H) a veteran who was discharged or released from
a period of active duty by reason of a sole
survivorship discharge (as that term is defined in
section 1174(i) of title 10);''.
SEC. 9. EFFECTIVE DATE.
(a) Retroactive Effective Date.--Except as provided in subsection
(b), this Act and the amendments made by this Act shall apply with
respect to any sole survivorship discharge granted after September 11,
2001.
(b) Date of Enactment Effective Date for Certain Amendments.--The
amendments made by sections 4, 6(c), 7, and 8 shall apply with respect
to any sole survivorship discharge granted after the date of the
enactment of this Act.
(c) Sole Survivorship Discharge Defined.--In this section, the term
``sole survivorship discharge'' means the separation of a member from
the Armed Forces, at the request of the member, pursuant to the
Department of Defense policy permitting the early separation of a
member who is the only surviving child in a family in which--
(1) the father or mother or one or more siblings--
(A) served in the Armed Forces; and
(B) was killed, died as a result of wounds,
accident, or disease, is in a captured or missing in
action status, or is permanently 100 percent disabled
or hospitalized on a continuing basis (and is not
employed gainfully because of the disability or
hospitalization); and
(2) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent or
sibling and was not incurred during a period of unauthorized
absence. | Hubbard Act - Amends federal employment, armed forces, military pay, and veterans' benefits law to authorize the provision of the following benefits to a member of the Armed Forces who is discharged at the member's request pursuant to a Department of Defense (DOD) policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled: (1) continued payment, through the original agreed-upon service period, of any bonus, incentive, or similar benefit to which the member was entitled during service; (2) separation pay, even though the member has completed less than six years of active service before discharge; (3) transitional health care, on the same basis as an active-duty member, for 180 days after discharge; (4) transitional commissary and exchange benefits, on the same basis as an active-duty member, for two years after discharge; (5) veterans' housing loan, employment and training, and basic educational assistance; (6) federal unemployment compensation; and (7) veteran's preference for federal employment purposes.
Makes this Act effective with respect to any such discharge granted after September 11, 2001. | {"src": "billsum_train", "title": "A bill to amend titles 5, 10, 37, and 38, United States Code, to ensure the fair treatment of a member of the Armed Forces who is discharged from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, because of hazards incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled, and for other purposes."} | 3,024 | 299 | 0.593909 | 1.822163 | 0.567396 | 3.587189 | 9.384342 | 0.932384 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Savings Act of 2014''.
SEC. 2. HEALTH SAVINGS ACCOUNTS FOR CHILDREN.
(a) In General.--Section 223 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Child Health Savings Accounts.--
``(1) In general.--In the case of an individual, in
addition to any deduction allowed under subsection (a) for any
taxable year, there shall be allowed as a deduction under this
section an amount equal to the aggregate amount paid in cash by
the taxpayer during the taxable year to a child health savings
account of a child or grandchild of the taxpayer.
``(2) Limitations.--
``(A) Deduction limitation.--The amount taken into
account under paragraph (1) with respect to each child
or grandchild of the taxpayer, as the case may be, for
the taxable year shall not exceed the sum of the
monthly limitations with respect to such child for
months during the taxable year that the child is an
eligible individual.
``(B) Limit on accounts with respect to
individual.--The aggregate amount of contributions
which may be made for any taxable year to all child
health savings accounts established and maintained on
behalf of a child shall not exceed the sum of the
monthly limitations for months during the taxable year
that the child is an eligible individual.
``(C) Monthly limitation.--The monthly limitation
for any month with respect to a child is \1/12\ of the
amount in effect for the taxable year under subsection
(c)(2)(A)(ii)(I).
``(3) Treatment of account while a dependent.--For purposes
of this section, except as otherwise provided in this
subsection, a child health savings account established for the
benefit of the child of a taxpayer shall be treated as a health
savings account of the taxpayer until the first taxable year
(and each taxable year thereafter) for which no deduction under
section 151 is allowable to any taxpayer with respect to such
child, after which such account shall be treated as a health
savings account of the child.
``(4) Child health savings account.--For purposes of this
subsection, the term `child health savings account' means a
health savings account designated as a child health savings
account and established for the benefit of a child of a
taxpayer.
``(5) Qualified medical expenses.--For purposes of this
section, the term `qualified medical expenses' shall, with
respect to any child health savings account, not include any
amounts paid for medical care (as defined in section 213(d))
for any individual other than the child for whose benefit the
account is maintained.
``(6) Exceptions for disability or death of child.--If the
child becomes disabled within the meaning of section 72(m)(7)
or dies--
``(A) subsection (f)(4)(A) shall not apply to any
subsequent payment or distribution, and
``(B) the taxpayer may rollover the amount in such
account to any health savings account of the taxpayer
or grandparent of the child or to any child health
savings account of any other child of the taxpayer.
``(7) Guardians.--Any legal guardian of a child shall be
treated as the parent of such child for purposes of this
section.
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including rules for determining application of
this subsection in the case of legal guardians and in the case
of parents of a child who file separately, are separated, or
are not married.''.
(b) Coordination With Means-Tested Programs.--Amounts in a child
health savings account shall not be taken into account in determining
resources for purposes of title XIX of the Social Security Act.
(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. ALLOWING HSA ROLLOVER TO CHILD OR PARENT OF ACCOUNT HOLDER.
(a) In General.--Subparagraph (A) of section 223(f)(8) of the
Internal Revenue Code of 1986 is amended--
(1) by inserting ``child, parent, or grandparent'' after
``surviving spouse'',
(2) by inserting ``child, parent, or grandparent, as the
case may be,'' after ``the spouse'',
(3) by inserting ``, child, parent, or grandparent'' after
``spouse'' in the heading thereof, and
(4) by adding at the end the following: ``In the case of a
child who acquires such beneficiary's interest and with respect
to whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins, such health
savings account shall be treated as a child health savings
account of the child.''.
(b) 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. MAXIMUM CONTRIBUTION LIMIT TO HSA INCREASED TO AMOUNT OF
DEDUCTIBLE AND OUT-OF-POCKET LIMITATION.
(a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of
the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and
inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
(b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such
Code is amended by striking ``$4,500'' and inserting ``the amount in
effect under subsection (c)(2)(A)(ii)(II)''.
(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. 5. TRANSFER OF REQUIRED MINIMUM DISTRIBUTION FROM RETIREMENT PLAN
TO HEALTH SAVINGS ACCOUNT.
(a) Transfer From Retirement Plan.--
(1) Individual retirement accounts.--Section 408(d) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(10) Required minimum distribution transferred to health
savings account.--
``(A) In general.--In the case of an individual who
has attained the age of 70\1/2\ and who elects the
application of this paragraph for a taxable year, gross
income of the individual for the taxable year does not
include a qualified HSA transfer to the extent such
transfer is otherwise includible in gross income.
``(B) Qualified hsa transfer.--For purposes of this
paragraph, the term `qualified HSA transfer' means any
distribution from an individual retirement plan--
``(i) to a health savings account of the
individual in a direct trustee-to-trustee
transfer,
``(ii) to the extent such distribution does
not exceed the required minimum distribution
determined under section 401(a)(9) for the
distribution calendar year ending during the
taxable year.
``(C) Application of section 72.--Notwithstanding
section 72, in determining the extent to which an
amount is treated as otherwise includible in gross for
purposes of subparagraph (A), the aggregate amount
distributed from an individual retirement plan shall be
treated as includible in gross income to the extent
that such amount does not exceed the aggregate amount
which would have been so includible if all amounts from
all individual retirement plans were distributed.
Proper adjustments shall be made in applying section 72
to other distributions in such taxable year and
subsequent taxable years.
``(D) Coordination.--An election may not be made
under subparagraph (A) for a taxable year for which an
election is in effect under paragraph (9).''.
(2) Other retirement plans.--Section 402 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(m) Required Minimum Distribution Transferred to Health Savings
Account.--
``(1) In general.--In the case of an individual who has
attained the age of 70\1/2\ and who elects the application of
this subsection for a taxable year, gross income of the
individual for the taxable year does not include a qualified
HSA transfer to the extent such transfer is otherwise
includible in gross income.
``(2) Qualified hsa transfer.--For purposes of this
subsection, the term `qualified HSA transfer' means any
distribution from a retirement plan--
``(A) to a health savings account of the individual
in a direct trustee-to-trustee transfer,
``(B) to the extent such distribution does not
exceed the required minimum distribution determined
under section 401(a)(9) for the distribution calendar
year ending during the taxable year.
``(3) Application of section 72.--Notwithstanding section
72, in determining the extent to which an amount is treated as
otherwise includible in gross for purposes of paragraph (1),
the aggregate amount distributed from an individual retirement
plan shall be treated as includible in gross income to the
extent that such amount does not exceed the aggregate amount
which would have been so includible if all amounts from all
individual retirement plans were distributed. Proper
adjustments shall be made in applying section 72 to other
distributions in such taxable year and subsequent taxable
years.
``(4) Eligible retirement plan.--For purposes of this
subsection, the term `eligible retirement plan' has the meaning
given such term by subsection (c)(8)(B) (determined without
regard to clauses (i) and (ii) thereof).''.
(b) Transfer to Health Savings Account.--
(1) In general.--Subparagraph (A) of section 223(d)(1) of
such Code is amended by striking ``or'' at the end of clause
(i), by striking the period at the end of clause (ii)(II) and
inserting ``, or'', and by adding at the end the following new
clause:
``(iii) unless it is in a qualified HSA
transfer described in section 408(d)(10) or
402(m).''.
(2) Excise tax inapplicable to qualified hsa transfer.--
Paragraph (1) of section 4973(g) of such Code is amended by
inserting ``or in a qualified HSA transfer described in section
408(d)(10) or 402(m)'' after ``or 223(f)(5)''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 6. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS
AS RETIREMENT FUNDS.
(a) In General.--Section 522 of title 11, United States Code, is
amended by adding at the end the following new subsection:
``(r) For purposes of this section, any health savings account (as
described in section 223 of the Internal Revenue Code of 1986) shall be
treated in the same manner as an individual retirement account
described in section 408 of such Code.''.
(b) Effective Date.--The amendment made by this section shall apply
to cases commencing under title 11, United States Code, after the date
of the enactment of this Act.
SEC. 7. ALLOWANCE OF SILVER AND BRONZE PLANS IN CONNECTION WITH HEALTH
SAVINGS ACCOUNTS.
(a) In General.--Section 223 of the Internal Revenue Code of 1986
is amended--
(1) by striking ``a high deductible health plan'' each
place it appears and inserting ``an HSA compatible health
plan'',
(2) by striking ``high deductible health plan'' in
subsection (b)(8)(A)(ii) and inserting ``HSA compatible health
plan'', and
(3) by striking ``the high deductible health plan'' in
subsection (c)(1)(A)(ii)(II) and inserting ``the HSA compatible
health plan''.
(b) HSA Compatible Health Plan Defined.--Paragraph (2) of section
223(c) of such Code is amended by redesignating subparagraphs (A), (B),
(C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting
before subparagraph (B), as so redesignated, the following new
subparagraph:
``(A) In general.--The term `HSA compatible health
plan' means--
``(i) any high deductible health plan,
``(ii) any plan described in section
1302(e) of the Patient Protection and
Affordable Care Act (relating to catastrophic
plan), or
``(iii) any silver or bronze plan which was
enrolled in through an Exchange established
under section 1311 of the Patient Protection
and Affordable Care Act.''.
(c) Clerical Amendments.--Section 223 of such Code is amended--
(1) by striking ``In general'' in the heading for
subsection (c)(2)(B), as redesignated by subsection (b) of this
Act, and inserting ``High deductible health plan'',
(2) by striking ``high deductible health plan'' in the
heading for subsection (b)(8)(B) and inserting ``hsa compatible
health plan'', and
(3) by striking ``High deductible health plan'' in the
heading for subsection (c)(2) and inserting ``HSA compatible
health plan''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 8. IDENTIFICATION OF HSA COMPATIBLE PLANS.
Section 1103(b) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18003(b)) is amended by adding at the end the following new
paragraph:
``(3) Identification of hsa compatible plans.--Beginning
for plan year 2015, the format described in paragraph (1) shall
require that information on a coverage option described in
subsection (a)(2) that is an HSA compatible health plan (as
defined in section 223(c)(2) of the Internal Revenue Code of
1986) identifies such plan as a plan that satisfies the
requirement of section 223(c)(1)(A)(i) of such Code.''. | Health Savings Act of 2014 - Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow an additional tax deduction for amounts paid to the HSA of a taxpayer's child or grandchild; (2) allow a rollover of HSA funds to the child, parent, or grandparent of an account holder; (3) increase the maximum HSA contribution limit; (4) allow mandatory distributions from an individual retirement account (IRA) to be paid into an HSA; (5) exempt HSAs from creditor claims in bankruptcy; and (6) expand the definition of an HSA compatible plan to include bronze, silver, and catastrophic plans on an insurance exchange. | {"src": "billsum_train", "title": "Health Savings Act of 2014"} | 3,341 | 150 | 0.469468 | 1.104209 | 0.646963 | 2.007353 | 20.941176 | 0.845588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eurasia Foundation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there has been established in the District of Columbia
a private, nonprofit corporation known as the Eurasia
Foundation (hereafter in this Act referred to as the
``Foundation''), which is not an agency or establishment of the
United States Government;
(2) in recognition of the valuable contributions of the
Foundation to long-range United States foreign policy
interests, the United States Government has, through the United
States Agency for International Development and the Department
of State, provided financial support for the Foundation; and
(3) it is in the interest of the United States, and the
further strengthening of cooperation with the nations of the
region, to establish a more permanent mechanism for United
States Government financial support for the ongoing activities
of the Foundation, while preserving the independent character
of the Foundation.
(b) Purposes.--The purposes of the Foundation are--
(1) to promote civil society, private enterprise, and sound
public administration and policy in the former Soviet Union and
in lending encouragement and assistance to local citizens in
their own efforts to develop more open, just, and democratic
societies;
(2) to strengthen indigenous institutions that foster
national development, constructive social change, equitable
economic growth, and cooperative international relationships
that are fully consistent with and supportive of long-term
United States interests in Eurasia; and
(3) to conduct programs in response to initiatives in the
region that would be difficult or impossible for an official
United States entity, and, as a result of its position in the
Eurasia region, to respond quickly and flexibly to meet new
opportunities.
SEC. 3. GRANTS TO THE FOUNDATION.
(a) In General.--The Secretary of State shall make an annual grant
to the Foundation to enable the Foundation to carry out its purposes as
specified in section 2(b). Such grants shall be made with funds
specifically appropriated for grants to the Foundation. Such grants
shall be made pursuant to a grant agreement between the Secretary and
the Foundation which requires that grant funds will only be used for
activities the Board of Directors of the Foundation determines are
consistent with the purposes described in section 2(b), and that the
Foundation will otherwise comply with the requirements of this Act. The
grant agreement may not require the Foundation to comply with
requirements other than those specified in this Act.
(b) Use of Funds.--Funds so granted may be used by the Foundation
to carry out the purposes described in section 2(b), and otherwise
applicable limitations on the purposes for which funds appropriated to
the Department of State may be used shall not apply to funds granted to
the Foundation.
(c) Rule of Construction.--Nothing in this Act shall be construed
to make the Foundation an agency or establishment of the United States
Government or to make the members of the Board of Directors of the
Foundation, or the officers or employees of the Foundation, officers or
employees of the United States.
(d) Oversight.--The Foundation and its grantees shall be subject to
the appropriate oversight procedures of the Congress.
(e) Other Funding.--The Foundation shall have authority to accept
funding from non-United States Government sources to complement United
States Government funding.
SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS.
(a) Compliance With Statutory Requirements.--Grants may be made to
the Foundation under this Act only if the Foundation agrees to comply
with the requirements specified in this section and elsewhere in this
Act.
(b) Funding for Covered Programs Only.--The Foundation may provide
funding only for programs that are consistent with the purposes set
forth in section 2(b).
(c) Compensation for Officers and Employees of the Foundation.--If
an individual who is an officer or employee of the United States
Government serves as a member of the Board of Directors or as an
officer or employee of the Foundation, that individual may not receive
any compensation or travel expenses in connection with service
performed for the Foundation.
(d) Prohibition Respecting Financial Matters.--The Foundation shall
not issue any shares of stock or declare or pay any dividends. No part
of the assets of the Foundation shall inure to the benefit of any
member of the Board of Directors of the Foundation, any officer or
employee of the Foundation, or any other individual, except as salary
or reasonable compensation for expenses incurred in the performance of
duties to the Foundation.
(e) Audit of Accounts; Reporting Requirements.--
(1) Audit of accounts.--The accounts of the Foundation
shall be audited annually in accordance with generally accepted
auditing standards by independent certified public accountants
or independent licensed public accountants certified or
licensed by a regulatory authority of a State or other
political subdivision of the United States.
(2) Reporting requirements.--The report of each such
independent audit shall be included in the annual report
required by subsection (h) of this section. The audit report
shall set forth the scope of the audit and include such
statements as are necessary to present fairly the Foundation's
assets and liabilities, surplus or deficit, with an analysis of
the changes therein during the year, supplemented in reasonable
detail by a statement of the Foundation's income and expenses
during the year, and a statement of the application of funds,
together with the independent auditor's opinion of those
statements.
(f) Audit of Financial Transactions.--
(1) Audit of financial transactions.--The financial
transactions of the Foundation for each fiscal year may be
audited by the Government Accountability Office in accordance
with such principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller General of
the United States.
(2) Reporting requirements.--A report of each such audit
shall be made by the Comptroller General to the Congress. The
report to the Congress shall contain such comments and
information as the Comptroller General may deem necessary to
inform the Congress of the financial operations and condition
of the Foundation, together which such recommendations with
respect thereto as the Comptroller General may deem advisable.
A copy of each report shall be furnished to the President and
to the Foundation at the time submitted to the Congress.
(g) Recordkeeping Requirements; Audit and Examination of Books.--
(1) Recordkeeping requirements.--The Foundation shall
ensure that each recipient of assistance provided through the
Foundation under this Act keeps such records as may be
reasonably necessary to fully disclose the amount and the
disposition by such recipient of the proceeds of such
assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the
amount and nature of that portion of the cost of the project or
undertaking supplied by other sources, and such other records
as will facilitate an effective audit.
(2) Audit and examination of books.--The Foundation shall
ensure that it, or any of its duly authorized representatives,
shall have access for the purpose of audit and examination to
any books, documents, papers, and records of the recipient that
are pertinent to assistance provided through the Foundation
under this Act. The Comptroller General of the United States or
any duly authorized representative of the Comptroller General
shall also have access thereto for such purpose.
(h) Annual Report; Contents; Testimony Respecting Report.--Not
later than March 31 of each year, the Foundation shall submit an annual
report for the preceding fiscal year to the President for transmittal
to the Congress. The report shall include a comprehensive and detailed
report of the Foundation's operations, activities, financial condition,
and accomplishments under this Act and may include such recommendations
as the Foundation deems appropriate.
(i) Grantee; Conflict of Interest.--A member of the Board of
Directors of the Foundation who serves as a member of the board of
directors or an officer of a grantee of the Foundation may not receive
compensation for their services but shall be entitled to reimbursement
for travel and other expenses incurred by them in connection with their
duties on behalf of such grantee.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the fiscal years 2009 and 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriation under subsection (a) are authorized to
remain available until expended. | Eurasia Foundation Act - Directs the Secretary of State to make an annual grant to the Eurasia Foundation, a private, nonprofit corporation whose purposes are to: (1) promote civil society, private enterprise, and sound public administration and policy in the former Soviet Union; (2) strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with U.S. interests in Eurasia; and (3) conduct programs in response to initiatives in the region that would be difficult or impossible for an official U.S. entity. | {"src": "billsum_train", "title": "To authorize grants to the Eurasia Foundation, and for other purposes."} | 1,832 | 120 | 0.641728 | 1.811347 | 0.596858 | 5.614679 | 15.779817 | 0.954128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Shoshone Claims Distribution
Act''.
SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS.
The funds appropriated in satisfaction of the judgment award
granted to the Western Shoshone Indians in Docket Number 326-K before
the Indian Claims Commission, including all earned interest, shall be
distributed as follows:
(1) The Secretary shall establish a Western Shoshone
Judgment Roll consisting of all Western Shoshones who--
(A) have at least \1/4\ degree of Western Shoshone
Blood;
(B) are citizens of the United States; and
(C) are living on the date of enactment of this
Act.
(2) Any individual determined or certified as eligible by
the Secretary to receive a per capita payment from any other
judgment fund awarded by the Indian Claims Commission, the
United States Claims Court, or the United States Court of
Federal Claims, that was appropriated on or before the date of
enactment of this Act, shall not be eligible for enrollment
under this Act.
(3) The Secretary shall publish in the Federal Register
rules and regulations governing the establishment of the
Western Shoshone Judgment Roll and shall utilize any documents
acceptable to the Secretary in establishing proof of
eligibility. The Secretary's determination on all applications
for enrollment under this paragraph shall be final.
(4) Upon completing the Western Shoshone Judgment Roll
under paragraph (1), the Secretary shall make a per capita
distribution of 100 percent of the funds described in this
section, in a sum as equal as possible, to each person listed
on the Roll.
(5)(A) With respect to the distribution of funds under this
section, the per capita shares of living competent adults who
have reached the age of 19 years on the date of the
distribution provided for under paragraph (4), shall be paid
directly to them.
(B) The per capita shares of deceased individuals shall be
distributed to their heirs and legatees in accordance with
regulations prescribed by the Secretary.
(C) The shares of legally incompetent individuals shall be
administered pursuant to regulations and procedures established
by the Secretary under section 3(b)(3) of Public Law 93-134 (25
U.S.C. 1403(b)(3)).
(D) The shares of minors and individuals who are under the
age of 19 years on the date of the distribution provided for
under paragraph (4) shall be held by the Secretary in
supervised individual Indian money accounts. The funds from
such accounts shall be disbursed over a period of 4 years in
payments equaling 25 percent of the principal, plus the
interest earned on that portion of the per capita share. The
first payment shall be disbursed to individuals who have
reached the age of 18 years if such individuals are deemed
legally competent. Subsequent payments shall be disbursed
within 90 days of the individual's following 3 birthdays.
(6) Notwithstanding section 7 of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1407), the per capita
shares (or the availability of those shares) shall not--
(A) be subject to Federal or State income taxation;
(B) be considered to be income or resources; or
(C) be used as a basis for denying or reducing
financial assistance or any other benefit to which a
household or member would otherwise be entitled under--
(i) the Social Security Act (42 U.S.C. 301
et seq.); or
(ii) any other Federal or federally-
assisted program.
(7) All per capita shares belonging to living competent
adults certified as eligible to share in the judgment fund
distribution under this section, and the interest earned on
those shares, that remain unpaid for a period of 6-years shall
be added to the principal funds that are held and invested in
accordance with section 3, except that in the case of a minor,
such 6-year period shall not begin to run until the minor
reaches the age of majority.
(8) Any other residual principal and interest funds
remaining after the distribution under paragraph (4) is
complete shall be added to the principal funds that are held
and invested in accordance with section 3.
SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3.
The funds appropriated in satisfaction of the judgment awards
granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and
326-A-3 before the United States Court of Claims, and the funds
referred to under paragraphs (7) and (8) of section 2, together with
all earned interest, shall be distributed as follows:
(1)(A) Not later than 120 days after the date of enactment
of this Act, the Secretary shall establish in the Treasury of
the United States a trust fund to be known as the ``Western
Shoshone Educational Trust Fund'' for the benefit of the
Western Shoshone members. There shall be credited to the Trust
Fund the funds described in the matter preceding this
paragraph.
(B) The principal in the Trust Fund shall not be expended
or disbursed. The Trust Fund shall be invested as provided for
in section 1 of the Act of June 24, 1938 (25 U.S.C. 162a).
(C)(i) All accumulated and future interest and income from
the Trust Fund shall be distributed, subject to clause (ii)--
(I) as educational grants and as other
forms of educational assistance determined
appropriate by the Administrative Committee
established under paragraph (2) to individual
Western Shoshone members as required under this
Act; and
(II) to pay the reasonable and necessary
expenses of such Administrative Committee (as
defined in the written rules and procedures of
such Committee).
(ii) Funds shall not be distributed under this paragraph on
a per capita basis.
(2)(A) An Administrative Committee to oversee the
distribution of the educational grants and assistance
authorized under paragraph (1)(C) shall be established as
provided for in this paragraph.
(B) The Administrative Committee shall consist of 1
representative from each of the following organizations:
(i) The Western Shoshone Te-Moak Tribe.
(ii) The Duckwater Shoshone Tribe.
(iii) The Yomba Shoshone Tribe.
(iv) The Ely Shoshone Tribe.
(v) The Western Shoshone Committee of the Duck
Valley Reservation.
(vi) The Fallon Band of Western Shoshone.
(vii) The at large community.
(C) Each member of the Committee shall serve for a term of
4 years. If a vacancy remains unfilled in the membership of the
Committee for a period in excess of 60 days, the Committee
shall appoint a replacement from among qualified members of the
organization for which the replacement is being made and such
member shall serve until the organization to be represented
designates a replacement.
(D) The Secretary shall consult with the Committee on the
management and investment of the funds subject to distribution
under this section.
(E) The Committee shall have the authority to disburse the
accumulated interest fund under this Act in accordance with the
terms of this Act. The Committee shall be responsible for
ensuring that the funds provided through grants and assistance
under paragraph (1)(C) are utilized in a manner consistent with
the terms of this Act. In accordance with paragraph
(1)(C)(i)(II), the Committee may use a portion of the interest
funds to pay all of the reasonable and necessary expenses of
the Committee, including per diem rates for attendance at
meetings that are the same as those paid to Federal employees
in the same geographic location.
(F) The Committee shall develop written rules and
procedures that include such matters as operating procedures,
rules of conduct, eligibility criteria for receipt of
educational grants or assistance (such criteria to be
consistent with this Act), application selection procedures,
appeal procedures, fund disbursement procedures, and fund
recoupment procedures. Such rules and procedures shall be
subject to the approval of the Secretary. A portion of the
interest funds in the Trust Fund, not to exceed $100,000, may
be used by the Committee to pay the expenses associated with
developing such rules and procedures. At the discretion of the
Committee, and with the approval of the appropriate tribal
governing body, jurisdiction to hear appeals of the Committee's
decisions may be exercised by a tribal court, or a court of
Indian offenses operated under section 11 of title 25, Code of
Federal Regulations.
(G) The Committee shall employ an independent certified
public accountant to prepare an annual financial statement that
includes the operating expenses of the Committee and the total
amount of educational grants or assistance disbursed for the
fiscal year for which the statement is being prepared under
this section. The Committee shall compile a list of names of
all individuals approved to receive such grants or assistance
during such fiscal year. The financial statement and the list
shall be distributed to each organization represented on the
Committee and the Secretary and copies shall be made available
to the Western Shoshone members upon request.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrative committee; committee.--The terms
``Administrative Committee'' and ``Committee'' mean the
Administrative Committee established under section 3(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Trust fund.--The term ``Trust Fund'' means the Western
Shoshone Educational Trust Fund established under section 3(1).
(4) Western shoshone members.--The term ``Western Shoshone
members'' means an individual who appears on the Western
Shoshone Judgment Roll established under section 2(1), or an
individual who is the lineal descendant of an individual
appearing on the roll, and who--
(A) satisfies all eligibility criteria established
by the Administrative Committee under section 3(F);
(B) fulfills all application requirements
established by the Committee; and
(C) agrees to utilize funds distributed in
accordance with section 3(1)(C)(i)(I) in a manner
approved by the Committee for educational purposes.
SEC. 5. REGULATIONS.
The Secretary may promulgate such regulations as are necessary to
carry out this Act.
Passed the Senate November 13, 2002.
Attest:
JERI THOMSON,
Secretary. | Western Shoshone Claims Distribution Act - (Sec. 2) Provides for the per capita distribution of shares of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission (ICC).Requires the Secretary of the Interior to establish a Western Shoshone Judgement Roll consisting of all Western Shoshones who have at least 1/4 degree of Western Shoshone Blood, are U.S. citizens, and are living on the date of enactment of this Act.Makes ineligible for enrollment under this Act any individuals who are eligible to receive other judgment awards from the ICC, the United States Claims Court, or the Unites States Court of Federal Claims.Requires the Secretary to publish rules and regulations governing the establishment of the Judgment Roll and specifies per capita distribution requirements (including those for heirs of deceased beneficiaries, incompetents, and minors).(Sec. 3) Provides for distribution of specified funds appropriated in satisfaction of the judgment awards granted in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Federal Claims.Requires the Secretary to establish, for the benefit of Western Shoshone members, the Western Shoshone Educational Trust Fund, to which such funds shall be credited.Requires that all accumulated and future interest and income from the Trust Fund be distributed: (1) as educational grants and assistance to individual Western Shoshone members as determined appropriate by the Administrative Committee established by this Act to oversee such distribution; and (2) to pay reasonable and necessary expenses of the Administrative Committee.Specifies the membership and duties of the Administrative Committee. | {"src": "billsum_train", "title": "A bill to provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes."} | 2,253 | 392 | 0.72711 | 2.628085 | 0.820229 | 3.763514 | 7.064189 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mark-to-Market Extension Act of
2001''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to continue the progress of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (referred to in
this section as ``that Act'');
(2) to ensure that properties that undergo mortgage
restructurings pursuant to that Act are rehabilitated to a
standard that allows the properties to meet their long-term
affordability requirements;
(3) to ensure that, for properties that undergo mortgage
restructurings pursuant to that Act, reserves are set at
adequate levels to allow the properties to meet their long-term
affordability requirements;
(4) to ensure that properties that undergo mortgage
restructurings pursuant to that Act are operated efficiently,
and that operating expenses are sufficient to ensure the long-
term financial and physical integrity of the properties;
(5) to ensure that properties that undergo rent
restructurings have adequate resources to maintain the
properties in good condition;
(6) to ensure that the Office of Multifamily Housing
Assistance Restructuring continues to focus on the portfolio of
properties eligible for restructuring under that Act;
(7) to ensure that the Department of Housing and Urban
Development carefully tracks the condition of those properties
on an ongoing basis;
(8) to ensure that tenant groups, non-profit organizations,
and public entities continue to have the resources for building
the capacity of tenant organizations in furtherance of the
purposes of subtitle A of that Act; and
(9) to encourage the Office of Multifamily Housing
Assistance Restructuring to continue to provide participating
administrative entities, including public participating
administrative entities, with the flexibility to respond to
specific problems that individual cases may present, while
ensuring consistent outcomes around the country.
SEC. 3. DEFINITIONS.
Section 512 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding
at the end the following:
``(19) Department.--The term `Department' means the
Department of Housing and Urban Development.
``(20) Office.--The term `Office' means the Office of
Multifamily Housing Assistance Restructuring established under
section 571.''.
SEC. 4. FHA-INSURED MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE
RESTRUCTURING.
The Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note) is amended--
(1) in section 514(f)(3)(A)--
(A) by striking ``Secretary may provide'' and
inserting ``Secretary shall provide''; and
(B) by striking ``entities) and for tenant
services,'' and inserting ``entities), for tenant
services, and for tenant groups, nonprofit
organizations, and public entities described in section
517(a)(5),'';
(2) in section 514(g)(2)(A), by striking ``mortgages in any
fiscal year'' and inserting ``rents and mortgages under this
subtitle'';
(3) in section 515(c)(4), by inserting before the period
the following: ``, which assistance shall be accepted by the
owner of that project as payment for rent if the property use
continues as rental housing'';
(4) in section 516(d), by striking ``Subject to'' and
inserting the following:
``(1) Notice to certain residents.--The Office shall notify
any tenant that is residing in a project or receiving
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) at the time of rejection under this
section, of that rejection.
``(2) Assistance and moving expenses.--Subject to'';
(5) in section 524(e), by adding at the end the following:
``(3) Mortgage restructuring and rental assistance
sufficiency plans.--Notwithstanding paragraph (1), the owner of
the project may request, and the Secretary may consider,
mortgage restructuring and rental assistance sufficiency plans
to facilitate sales or transfers of properties under this
subtitle, subject to an approved plan of action under the
Emergency Low Income Housing Preservation Act of 1987 (12
U.S.C. 1715l note) or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.),
which plans shall result in a sale or transfer of those
properties.'';
(6) in section 512(2), in the second sentence, by inserting
``, but does include a project described in section 524(e)(3)''
after ``section 524(e)'';
(7) in section 517(b), by adding at the end the following:
``(8) Addition of significant features.--
``(A) In general.--If the participating
administrative entity requires the addition of
significant features, such as air conditioning, an
elevator, or additional community space, in accordance
with guidelines established by the Secretary, the
required owner contribution shall not exceed 25 percent
of the amount of rehabilitation assistance received, as
determined by the Secretary.
``(B) Applicability.--Subparagraph (A) shall apply
to all eligible multifamily housing projects, except
those for which both the Secretary and the project
owner executed a mortgage restructuring and rental
assistance sufficiency plan on or before the date of
enactment of the Mark-to-Market Extension Act of 2001.
``(C) Additional cost.--Nothing in this paragraph
shall be construed to relieve an owner or purchaser
from contributing to rehabilitation assistance, as
required under paragraph (7)(B).'';
(8) in section 512(2), by striking subparagraph (A) and
inserting the following:
``(A) with rents that, on an average per unit or
per room basis--
``(i) exceed the rent of comparable
properties in the same market area, as
determined by the Secretary or a participating
administrative entity or any other independent
entity acting on behalf of the Secretary and in
accordance with guidelines established by the
Secretary; or
``(ii) exceeded the rent of comparable
properties in the same market area, as
determined by the Secretary, prior to, and
notwithstanding, any renewal of project-based
assistance under this subtitle;'';
(9) in section 520(b)--
(A) by striking ``Banking and'';
(B) by striking ``periods, the'' and inserting the
following: ``periods--
``(1) the'';
(C) by striking the period at the end and inserting
a semicolon; and
(D) by adding at the end the following:
``(2) the physical and financial condition of properties
that are the subject of rent and mortgage restructurings under
this subtitle, with special emphasis on properties that have
undergone rent restructurings after the Office determined that
mortgage restructurings were necessary; and
``(3) the status of oversight by the Department, of the
financial and physical condition of properties referred to in
paragraph (2).''; and
(10) in section 517(a)(1)(B), by striking ``no more than
the'' and inserting the following: ``not more than the greater
of--
``(i) the full or partial payment of claim
made under this subtitle; or
``(ii) the''.
SEC. 5. ENHANCED VOUCHERS.
Section 8(t)(1)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)(1)(B)) is amended by inserting after ``paragraph
(10)(A) of subsection (o)'' the following: ``, and subject to the
comparable rent limitations provided in subparagraphs (A) and (B) of
section 514(g)(1) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note)''.
SEC. 6. MISCELLANEOUS HOUSING INSURANCE.
Section 223(a)(7) of the National Housing Act (12 U.S.C.
1715n(a)(7)) is amended--
(1) by striking ``under this Act: Provided, That the
principal'' and inserting the following: ``under this Act, or
an existing mortgage held by the Secretary that is subject to a
mortgage restructuring and rental assistance sufficiency plan
pursuant to the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note), provided
that--
``(A) the principal'';
(2) by striking ``: Provided further, That a mortgage'' and
inserting the following ``; and
``(B) a mortgage''; and
(3) by striking ``or'' at the end and inserting the
following:
``(C) a mortgage that is subject to a mortgage
restructuring and rental assistance sufficiency plan
pursuant to the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) and is
refinanced under this paragraph may have a term of not
more than 30 years; or''.
SEC. 7. TECHNICAL CORRECTION.
(a) In General.--Section 531(c) of Public Law 106-74 (113 Stat.
1116) is amended by striking ``514(h)'' and inserting ``514(h)(1)''.
(b) Retroactive Effect.--The amendment made by subsection (a) shall
be deemed to have the same effective date as section 531 of Public Law
106-74 (113 Stat. 1109).
SEC. 8. OFFICE OF MULTIFAMILY HOUSING ASSISTANCE RESTRUCTURING.
(a) In General.--The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(1) in section 571--
(A) by inserting ``Federal Housing Administration
of the'' after ``within the''; and
(B) by inserting before the period at the end the
following: ``(in this subtitle, referred to as the
`Office')'';
(2) in section 572(a)--
(A) by striking ``by and with the advice and
consent of the Senate''; and
(B) by striking the second sentence;
(3) in section 573(b), in the first sentence, by inserting
``the Federal Housing Commissioner and'' before ``the
Secretary''; and
(4) in section 579--
(A) by striking subsection (a) and inserting the
following:
``(a) Repeal.--Subtitle A (except for section 524) and subtitle D
(except for section 576 and this section) are repealed effective
October 1, 2006, and section 576 is repealed effective October 1,
2007.'';
(B) in subsection (b), by striking ``2001'' and
inserting ``2006''; and
(C) in subsection (c), by striking ``2001'' and
inserting ``2006''.
(b) Limitation on Subsequent Employment.--Section 576 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by striking ``2-year period'' and
inserting ``1-year period''.
(c) Repeal.--Section 578 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437f note) is repealed.
SEC. 9. GAO REPORTS.
(a) Initial Report.--
(1) In general.--Not later than October 1, 2002, and
annually thereafter through 2005, the Comptroller General of
the United States shall submit to the Congress a report on the
activities carried out under the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note).
(2) Contents.--The report required under paragraph (1)
shall describe--
(A) progress in completing restructurings under
subtitle A of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437f note) in
a timely manner, while ensuring the physical,
financial, and managerial soundness of the multifamily
housing stock; and
(B) the status of shortcomings or concerns of the
eligible multifamily housing projects reviewed in the
2001 report submitted by the Comptroller General in
accordance with section 521 of that Act.
(b) Final Report.--
(1) In general.--Not less than 4 months prior to the date
of termination of the restructuring program established under
subtitle A of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note), the
Comptroller General of the United States shall submit to the
Congress a final report on the activities carried out under
that Act.
(2) Contents.--The report required under paragraph (1)
shall describe--
(A) matters pertaining to the termination of the
Office of Multifamily Housing Assistance Restructuring,
established under section 571 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(42 U.S.C. 1437f note), and the restructuring program;
and
(B) the transition of any remaining
responsibilities under that Act after the date of
termination to the Office of Housing within the
Department of Housing and Urban Development. | Mark-to-Market Extension Act of 2001 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 (Act) to require (currently, authorizes) the Secretary of Housing and Urban Development to make specified funds available to tenant, nonprofit, and other organizations for activities under such Act.Requires the Office of Multifamily Housing Assistance Restructuring (Office) to provide section 8 residents with notice of a restructuring plan's rejection.Authorizes the Secretary to consider mortgage restructuring and rental sufficiency plans to facilitate property transfers.Limits owner contribution to 25 percent of rehabilitation costs in the case of certain required additional features such as elevators, air conditioning, or community space.Amends the United States Housing Act of 1937 to provide for consistent rent standards for projects undergoing restructuring, and for tenant-based vouchers.Amends the National Housing Act to limit a refinanced mortgage subject to a mortgage restructuring and rental sufficiency plan to not more than a 30-year term. Extends the Office and mortgage and rehabilitation programs under the Act.Reduces from two years to one year the limitation on subsequent employment by the Director of the Office or certain other employees with a non-Federal employer having any financial interest in any mortgage restructuring or rental sufficiency plan.Directs the Comptroller General to: (1) report annually through 2005 to Congress respecting the activities carried out under the Act; and (2) submit a final report to Congress. | {"src": "billsum_train", "title": "A bill to reauthorize the Multifamily Assisted Housing Reform and Affordability Act of 1997, and for other purposes."} | 3,030 | 322 | 0.547447 | 1.768838 | 0.79286 | 2.453532 | 9.858736 | 0.877323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement and Correctional
Officers Employment Registration Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) law enforcement officials, including members of the
International Association of Chiefs of Police recognize that
violent crime represents the greatest threat to the safety and
security of citizens and that dedicated, ethical law
enforcement professionals and lawful community initiatives with
participation by members of the community represent the best
hope of responding to the challenges of violent crime;
(2) the International Association of Chiefs of Police
acknowledges that a few officers choose to violate the public
trust by abusing their authority or by breaking the law. Such
officers should not be able to seek police employment in
another state or jurisdiction with the expectation that they
will be able to conceal their history of misconduct;
(3) there have been numerous documented cases of officers
who have obtained officer employment and certification in a
state after revocation of officer certification or dishonorable
discharge in another state;
(4) a national clearinghouse of officer employment
histories would enable each criminal justice agency to conduct
thorough background checks on officer applicants and to assure
that only honest ethical officers are permitted to serve; and
(5) Federal legislation is needed that would require
Federal registration of employment termination data of law
enforcement officers and correctional officers.
SEC. 3. REGISTRATION.
Subpart 1 of part E of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end
thereof the following:
``registration of employment data of law enforcement and correctional
officers.
``Sec. 509a. a(1) The Governor of each State, or chief executive of
each territory of the United States, the District of Columbia or a
Native American Indian tribe or band that receives funds under section
506 in a fiscal year shall designate the state peace officer standards
board or its equivalent which shall submit a list, maintained
electronically, of all law enforcement and correctional officers who
held such office in such State or territory, the District of Columbia
or a Native American Indian tribe or band on or since January 1, 1994,
in accordance with paragraph (2). The list shall be submitted to an
officer or agency designated by the Attorney General of the United
States. The head of each department, agency, or other entity in the
executive branch of the United States Government that employs law
enforcement or correctional officers shall submit a list of all such
personnel employed on or after January 1, 1994. Such list shall be
updated and supplemented by agencies or officials responsible for
submission of employment data in accordance with subsection (b).
``(2) Such list shall include the names (and any former names),
dates of birth, social security numbers, Federal Bureau of
Investigation fingerprint identification numbers if known, the dates of
appointment as officers if known, the names and addresses or National
Crime Information Center numbers of the appointing or employing
agencies, and if applicable, the dates such service ended for such
officers.
``(b) The agency or official responsible for submission of such
employment data shall, not later than 90 days after an officer's
employment, appointment, or separation from employment or appointment,
notify the agency or officer designated by the Attorney General of the
United States to receive such employment data, that a law enforcement
officer or correctional officer has been appointed or employed as an
officer, or that a registered officer is no longer empowered or
employed as such. If the former officer has had officer certification
revoked for cause, that fact shall be reported.
``(c) For purposes of the section:
``(1) The term `law enforcement officer' means a federal
law enforcement officer, or an individual who is elected or
appointed by a State or territory, or a political subdivision
thereof, by the District of Columbia or by a Native American
Indian tribe or band, to conserve the peace, or to make arrests
or serve warrants, or to otherwise possess or exercise the
authority of a peace officer. In the case of law enforcement
officers elected or appointed by a State or a political
subdivision thereof, `law enforcement officer' only includes
those required by the applicable law of the State to be
licensed or certified.
``(2) The term `correctional officer' means a federal
correctional officer, or an individual who is elected or
appointed by a State or territory, or a political subdivision
thereof, by the District of Columbia or by a Native American
Indian tribe or band to guard or supervise prisoners or inmates
of jails or other detention, penal or correctional facilities.
In the case of correctional officers elected or appointed by a
State or a political subdivision thereof, `correctional
officer' only includes those required by the applicable law of
the state to be licensed or certified.
(3) ``The term `certification revoked for cause' means
cancellation or revocation of an individual's law enforcement
officer or correctional officer state professional license by a
state peace officer standards board or its equivalent after
administrative due process has been afforded the officer.''
A `law enforcement officer' or `correctional officer' includes an
individual whether compensated for services or not, whether full- or
part-time, and whether appointment, election or term of office is
temporary or permanent. Such terms do not include citizens who are
called to assist an officer in the performance of the officer's duties,
unless such citizen received a deputation or commission of appointment
lasting longer than 30 days.
``(d)(1) As a condition of employment, each State, territory, or
political subdivision thereof, the District of Columbia, each Native
American Indian tribe or band and each federal agency that employs law
enforcement officers or correctional officers shall require all
applicants for appointment to or employment in such positions before
beginning employment--
``(A) to disclose all prior service or employment as a law
enforcement or correctional officer, and
``(B) to submit a written authorization and request for
release of information, on a form prescribed by the Attorney
General or designee.
``(2) When a prospective law enforcement or correctional employer
obtains an officer's required written authorization and request for
release of information, the Attorney General (or designee) is directed
to release all data collected under subsections (a) and (b) of this
section to such prospective employer.
``(3) Upon receipt of completed written authorization and request
for release of information, and not later than 30 days after such
officer is first appointed or employed or at any time prior to the
appointment or employment of an applicant, each State, territory, and
political subdivision thereof, the District of Columbia, each Native
American Indian tribe or band and each federal agency that employs law
enforcement or correctional officers shall notify the Attorney General
(or designee).
``(e) The Attorney General shall issue regulations for the
implementation of this section and the operation of the employment data
clearinghouse.
``(f) Agencies or agency administrators who submit employment or
officer certification data pursuant to this section are presumed to be
acting in good faith and, unless lack of good faith is shown by clear
and convincing evidence, are immune from civil liability for such
disclosure or its consequences. The presumption of good faith is
rebutted upon a showing that the data was submitted with knowledge of
its falsity or was submitted with the malicious intent to deliberately
mislead.''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act shall take effect October 1, 1994.
(b) Information Compliance.--Lists required under section 509a (a)
of the Omnibus Crime Control and Safe Streets Act of 1968 shall be
submitted not later than 180 days after the enactment of this Act. Not
later than 180 days after the date of the enactment of this Act, each
State, territory, or political subdivision thereof, the District of
Columbia, each Native American Indian tribe or band and each federal
agency employing law enforcement and correctional officers shall comply
with the requirements described in subsection (d) of section 509a of
the Omnibus Crime Control and Safe Streets Act of 1968. The Director of
the Bureau of Justice Assistance may authorize grants to agencies to
assist in their compliance with Subsection (1) of this Act.
SEC. 5. REPORTS.
Not later than 2 years after the date of the enactment of this Act,
the Attorney General, upon consultation with the Director of the Bureau
of Justice Assistance, shall submit a report to the Committees on the
Judiciary of the House of Representatives and the Senate evaluating the
compliance with the requirements of section 509a of the Omnibus Crime
Control and Safe Streets Act of 1968, and listing each State,
territory, or political subdivision thereof, the District of Columbia,
each Native American Indian tribe or band and each federal agency
employing law enforcement or correctional officers that has failed
materially to comply with the requirements of this section. Such
subsequent reports shall be presented as are deemed appropriate by the
Attorney General. | Law Enforcement and Correctional Officers Employment Registration Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Governor (or the chief executive officer) of each State, U.S. territory, the District of Columbia, or a Native American Indian tribe or band (State) that receives drug control and system improvement formula grants to designate the State peace officer standards board or its equivalent which shall submit to an officer or agency designated by the Attorney General (designee) a list, maintained electronically, of all law enforcement and correctional officers who held such office in such State on or since January 1, 1994 (including their dates of birth, social security numbers, Federal Bureau of Investigation fingerprint identification numbers, dates of appointment as officers, names and addresses or National Crime Information Center numbers of the appointing or employing agencies, and dates such service ended.
Requires: (1) the head of each department, agency, or other entity in the executive branch that employs law enforcement or correctional officers to submit a list of all such personnel employed on or after Janaury 1, 1994, which shall be updated and supplemented by agencies or officials responsible for submission of employment data; and (2) such agencies or officials to notify the designee of an officer's employment, appointment, or separation.
Directs each State or political subdivision to require all applicants for such positions before beginning employment to: (1) disclose all prior service or employment as an officer; and (2) submit a written authorization and request for release of information. Directs the Attorney General, when a prospective employer obtains an officer's request for release of information, to release data collected pursuant to this Act to the employer.
Makes agencies or agency administrators who submit employment or officer certification data pursuant to this Act immune from civil liability for such disclosure or its consequences, except upon a showing of lack of good faith by clear and convincing evidence. | {"src": "billsum_train", "title": "Law Enforcement and Correctional Officers Employment Registration Act of 1994"} | 1,929 | 405 | 0.679964 | 2.343462 | 0.835463 | 4.837333 | 5.048 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Free Internet for Kids
Act''.
SEC. 2. UNLAWFUL ACTS REGARDING SALE OF TOBACCO PRODUCTS TO INDIVIDUALS
UNDER AGE OF 18.
(a) In General.--It shall be unlawful for any person who is in the
business of selling tobacco products, and who advertises such products
through the Internet or any other means, to sell such a product to an
individual under the age of 18 if pursuant to the sale the person mails
the product, or ships the product by carrier in or affecting interstate
commerce.
(b) Procedures for Certain Purchase Orders.--It shall be unlawful
for any person in the business of selling tobacco products to take a
covered purchase order for such a product through the mail, or through
any telecommunications means (including by telephone, facsimile, or the
Internet), if in providing for the sale or delivery of the product
pursuant to such purchase order the person mails the product, or ships
the product by carrier in or affecting interstate commerce, and the
person fails to comply with any of the following procedures:
(1) Before mailing or shipping the product, the person
received from the individual who placed the order the
following:
(A) A copy of a government-issued document (license
or otherwise) that provides the name of the individual,
the address of the individual, and the date of birth of
the individual.
(B) An e-mail address and social security number
for the individual.
(C) A signed statement in writing from the
individual providing that the individual certifies that
such document and information correctly identifies the
individual and correctly states the address, date of
birth, e-mail address, and social security number of
the individual, that the individual understands that
forging another person's signature is illegal, and that
the individual understands that tobacco sales to minors
are illegal and that tobacco purchases by minors may be
illegal under applicable state law.
(2) Before mailing or shipping the product, the person--
(A) verified the information submitted by the
individual against a database of government-issued
identification;
(B) verified the e-mail address submitted by the
individual against e-mail databases;
(C) sends an e-mail to the e-mail address provided
by the individual, requesting return e-mail
confirmation of the specific purchase order;
(D) receives return e-mail confirmation for the
specific purchase order by the individual; and
(E) sends a letter to the individual requesting
confirmation of the specific purchase order and
requesting that the individual reply immediately (to a
specified toll-free phone number or e-mail address) if
the individual did not submit the purchase order.
(3) Before mailing or shipping a tobacco product advertised
on the Internet to an individual, the person receives payment
by credit card.
(4) The person provides for the mailing or shipping of the
product to the same name and address as is provided on such
government-issued document.
(5) The person provides for the mailing or shipping of the
product in a package that bears a clear and conspicuous label
providing as follows: ``TOBACCO PRODUCT: FEDERAL LAW PROHIBITS
SHIPPING TO INDIVIDUAL UNDER THE AGE OF 18; STATE LAW MAY
PROVIDE HIGHER MINIMUM AGE''.
(6) The person employs a method of mailing or shipping that
requires that the addressee personally sign for delivery of the
package.
(7) The person notifies the carrier for the mailing or
shipping, in writing, of the age of the addressee as indicated
by the government-issued document provided pursuant to
paragraph (1)(A).
(8) The person employs a method of mailing or shipping
under which the individual who signs for the package pursuant
to paragraph (6) takes delivery of the package only after
producing a form of identification that bears a photograph and
the same name as the addressee on the package, and that
indicates that the individual is not younger than the age
indicated on the government-issued document provided pursuant
to paragraph (1)(A).
(c) Covered Purchase Order.--It shall be unlawful for any person in
the business of selling tobacco products to advertise such products for
sale through an Internet website unless such website contains, on the
part of each website page relating to sale of such products that is
immediately visible when accessed, a prominent and clearly legible
warning label stating that tobacco-product sales to persons under 18
are illegal in all States.
(d) Advertising Through Internet; Warning Label.--It shall be
unlawful for any person in the business of selling tobacco products to
advertise such products for sale through an Internet website unless
such website contains, on the part of each website page relating to
sale of such products that is immediately visible when accessed, a
prominent and clearly legible warning label described in sections
4(a)(1) and 4(b)(2) of the Federal Cigarette Labeling and Advertising
Act (15 U.S.C. 1333(a)(1) and 1333(b)(2)).
(e) Advertising Through Internet; Access.--It shall be unlawful for
any person in the business of selling tobacco products to advertise
such products for sale through an Internet website unless access to the
website (other than a non-selling website home page) is provided only
to individuals who provide to the person the information described in
subsections (b)(1)(A) and (b)(1)(B) and whose information is verified
according to the procedures described in subsections (b)(2)(A) and
(b)(2)(B).
(f) Rule of Construction Regarding Carriers.--This Act may not be
construed as imposing liability upon the Postal Service or any other
carrier, or officers or employees thereof, when acting within the scope
of business of the Postal Service or other carrier, respectively.
SEC. 3. FEDERAL TRADE COMMISSION.
(a) Civil Enforcement.--For purposes of the enforcement of section
2 by the Federal Trade Commission, a violation of a provision of
subsection (a) or (b) of such section shall be deemed to be an unfair
or deceptive act or practice in or affecting commerce within the
meaning of the Federal Trade Commission Act, and the procedures under
section 5(b) of such Act shall apply with respect to such a violation.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall promulgate a final rule for
carrying out this Act.
(c) Information Regarding State Laws on Minimum Purchase-Age.--The
Commission shall post on the Internet site of the Commission
information that, by State, provides the minimum age at which it is
legal under State law to purchase tobacco products in the State.
SEC. 4. CRIMINAL PENALTIES.
(a) In General.--
(1) First violation.--Except as provided in paragraph (2),
any person who violates a provision of subsection (a) or (b) of
section 2 shall be fined not more than $1,000.
(2) Subsequent violations.--In the case of a second or
subsequent violation by a person of a provision of subsection
(a) or (b) of section 2, the person shall be fined not less
than $1,000 and not more than $5,000.
(3) Rule of construction.--This subsection does not apply
to a violation of a provision of subsection (a) or (b) of
section 2 if any provision of subsection (b) of this section
applies to such violation.
(b) Knowing Violations.--
(1) First violation.--Except as provided in paragraph (2),
any person who knowingly violates a provision of subsection (a)
or (b) of section 2 shall be fined in accordance with title 18,
United States Code, or imprisoned not more than two years, or
both.
(2) Subsequent violations.--In the case of a second or
subsequent knowing violation by a person of a provision of
subsection (a) or (b) of section 2, the person shall be fined
in accordance with title 18, United States Code, or imprisoned
not more than five years, or both.
SEC. 5. FEDERAL CIVIL ACTIONS BY STATE ATTORNEYS GENERAL.
(a) Injunctive Relief.--A State, through its State attorney
general, may on behalf of residents of the State bring in its own name,
and in an appropriate district court of the United States, a civil
action to restrain violations by a person of any provision of
subsection (a) or (b) of section 2, including obtaining a preliminary
or permanent injunction or other order against the person.
(b) Coordination With Commission.--Before bringing a civil action
under subsection (a), a State attorney general shall provide to the
Commission written notice of the intent of the State attorney general
to bring the action.
(c) Federal Jurisdiction.--
(1) In general.--The district courts of the United States
shall have jurisdiction over any civil action under subsection
(a).
(2) Venue.--A civil action under subsection (a) may be
brought only in accordance with section 1391 of title 28,
United States Code, or in the district in which the recipient
of the tobacco products resides or is found.
(d) Requirements for Injunctions and Orders.--
(1) In general.--In any civil action under subsection (a),
upon a proper showing by the State attorney general involved,
the court may issue a preliminary or permanent injunction or
other order to restrain a violation of this section.
(2) Notice.--No preliminary injunction or permanent
injunction or other order may be issued under paragraph (1)
without notice to the adverse party and an opportunity for a
hearing.
(3) Form and scope of order.--Any preliminary or permanent
injunction or other order entered in a civil action under
subsection (a) shall--
(A) set forth the reasons for the issuance of the
order;
(B) be specific in its terms;
(C) describe in reasonable detail, and not by
reference to the complaint or other document, the act
or acts sought to be restrained;
(D) be binding upon--
(i) the parties to the action and the
officers, agents, employees, and attorneys of
those parties; and
(ii) persons in active concert or
participation with the parties to the action
who receive actual notice of the order by
personal service or otherwise.
(e) Additional Remedies.--
(1) In general.--A remedy under subsection (a) is in
addition to any other remedies provided by law.
(2) State court proceedings.--Nothing in this section may
be construed to prohibit an authorized State official from
proceeding in State court on the basis of an alleged violation
of any State law.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Federal Trade
Commission.
(2) The term ``covered purchase order'', with respect to a
tobacco product, has the meaning given such term in section
2(c).
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
(4) The term ``State attorney general'' means the attorney
general or other chief law enforcement officer of a State, or
the designee thereof.
(5) The term ``tobacco product'' means any product made or
derived from tobacco that is intended for human consumption,
including cigarettes, cigars, smokeless tobacco, pipe tobacco,
and the product known as a bidi.
SEC. 7. EFFECTIVE DATE.
This Act takes effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act, except that the
authority of the Commission under section 3(b) to commence the process
of rulemaking is effective on such date of enactment. Section 2 applies
with respect to sales of tobacco products occurring on or after the
expiration of such 90-day period, without regard to whether a final
rule has been promulgated under section 3(b). | Tobacco Free Internet for Kids Act - Prohibits the sale of tobacco products advertized through the Internet or other means to an individual under the age of 18 when such products are shipped by carrier in or affecting interstate commerce. Requires the verification of certain submitted proofs of identity, birth date, and signed statement and certain confirmations of an order before any such products are so shipped.Requires tobacco product advertising on the Internet to prominently display a warning label as required by the Federal Cigarette Labeling and Advertising Act. Deems violations of these requirements unfair or deceptive acts or practices in or affecting commerce under the Federal Trade Commission Act. Imposes criminal penalties for subsequent, knowing violations.Authorizes a State attorney general to bring a civil action for injunctive relief to restrain a person from engaging, or continuing to engage, in a violation of this Act. | {"src": "billsum_train", "title": "To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18, and for other purposes."} | 2,708 | 200 | 0.580449 | 1.759495 | 0.885994 | 2.329114 | 15.759494 | 0.873418 |
SECTION 1. ESTABLISHMENT AND COMPOSITION OF THE COMMISSION.
(a) Establishment.--There is established a national commission on
terrorism to review counter-terrorism policies regarding the prevention
and punishment of international acts of terrorism directed at the
United States. The Commission shall be known as ``The National
Commission on Terrorism''.
(b) Composition.--The Commission shall be composed of 15 members
appointed as follows:
(1) Five members shall be appointed by the President from
among officers or employees of the executive branch, private
citizens of the United States, or both. Not more than 3 members
selected by the President shall be members of the same
political party.
(2) Five members shall be appointed by the Majority Leader
of the Senate, in consultation with the Minority Leader of the
Senate, from among members of the Senate, private citizens of
the United States, or both. Not more than 3 of the members
selected by the Majority Leader shall be members of the same
political party and 3 members shall be members of the Senate.
(3) Five members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Minority
Leader of the House of Representatives, from among members of
the House of Representatives, private citizens of the United
States, or both. Not more than 3 of the members selected by the
Speaker shall be members of the same political party and 3
members shall be members of the House of Representatives.
(4) The appointments of the members of the Commission
should be made no later than 3 months after the date of the
enactment of this Act.
(c) Qualifications.--The members should have a knowledge and
expertise in matters to be studied by the Commission.
(d) Chairman.--The chairman of the Commission shall be elected by
the members of the Commission.
SEC. 2. DUTIES.
(a) In General.--The Commission shall consider issues relating to
international terrorism directed at the United States as follows:
(1) Review the laws, regulations, policies, directives, and
practices relating to counterterrorism in the prevention and
punishment of international terrorism directed towards the
United States.
(2) Assess the extent to which laws, regulations, policies,
directives, and practices relating to counterterrorism have
been effective in preventing or punishing international
terrorism directed towards the United States. At a minimum, the
assessment should include a review of the following:
(A) Evidence that terrorist organizations have
established an infrastructure in the western hemisphere
for the support and conduct of terrorist activities.
(B) Executive branch efforts to coordinate
counterterrorism activities among Federal, State, and
local agencies and with other nations to determine the
effectiveness of such coordination efforts.
(C) Executive branch efforts to prevent the use of
nuclear, biological, and chemical weapons by
terrorists.
(3) Recommend changes to counterterrorism policy in
preventing and punishing international terrorism directed
toward the United States.
(b) Report.--Not later than 6 months after the date on which the
Commission first meets, the Commission shall submit to the President
and the Congress a final report of the findings and conclusions of the
Commission, together with any recommendations.
SEC. 3. ADMINISTRATIVE MATTERS.
(a) Meetings.--
(1) The Commission shall hold its first meeting on a date
designated by the Speaker of the House which is not later than
30 days after the date on which all members have been appointed.
(2) After the first meeting, the Commission shall meet upon
the call of the chairman.
(3) A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold meetings.
(b) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this Act.
(c) Powers.--
(1) The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its
duties.
(2) The Commission may secure directly from any agency of
the Federal Government such information as the Commission
considers necessary to carry out its duties. Upon the request
of the chairman of the Commission, the head of a department or
agency shall furnish the requested information expeditiously to
the commission.
(3) 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.
(d) Pay and Expenses of Commission Members.--
(1) Each member of the Commission who is not an employee of
the government shall be paid at a rate equal for 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 performing the duties of the
Commission.
(2) Members and personnel for the Commission may travel on
aircraft, vehicles, or other conveyances of the Armed Forces of
the United States when travel is necessary in the performance
of a duty of the Commission except when the cost of commercial
transportation is less expensive.
(3) The members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(4)(A) A member of the Commission who is an annuitant
otherwise covered by section 8344 or 8468 of title 5, United
States Code, by reason of membership on the Commission shall
not be subject to the provisions of such section with respect
to membership on the Commission.
(B) A member of the Commission who is a member or former
member of a uniformed service shall not be subject to the
provisions of subsections (b) and (c) of section 5532 of such
title with respect to membership on the commission.
(e) Staff and Administrative Support.--
(1) The chairman of the Commission may, without regard to
civil service laws and regulations, appoint and terminate an
executive director and up to 3 additional staff members as
necessary to enable the Commission to perform its duties. The
Chairman of the Commission may fix the compensation of the
executive director and other personnel without regard to the
provisions of chapter 51, and subchapter III of chapter 53, of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay may not exceed the maximum rate of pay for GS-15 under
the General Schedule.
(2) Upon the request of the Chairman of the Commission, the
head of any department or agency of the Federal Government may
detail, without reimbursement, any personnel of the department
or agency to the Commission to assist in carrying out its
duties. The detail of an employee shall be without interruption
or loss of civil service status or privilege.
SEC. 4. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits a final report.
SEC. 5. FUNDING.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Establishes the National Commission on Terrorism to review and report to the President and Congress on counter-terrorism policies regarding the prevention and punishment of international acts of terrorism directed at the United States.
Directs the Commission to: (1) review the laws, regulations, policies, directives, and practices relating to counterterrorism (laws) in the prevention and punishment of international terrorism directed towards the United States; (2) assess the extent to which such laws have been effective in preventing or punishing such terrorism; and (3) recommend changes to counterterrorism policy.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a National Commission on Terrorism."} | 1,531 | 124 | 0.611708 | 1.483038 | 0.68207 | 5.651786 | 13.625 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Pipelines Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Creating the appropriate infrastructure to move
renewable fuels is a necessary energy and transportation
objective for the United States.
(2) Currently more than 70 percent of the gasoline supply
of the United States is delivered to local terminals through
pipelines.
(3) Pipelines are the most cost-effective, efficient, and
safe transportation mode in use today to deliver large volumes
of liquid fuels.
(4) Renewable fuels are currently transported by truck,
barge, and rail, and the volume requirements of the Energy
Independence and Security Act of 2007 may overwhelm the
renewable fuels infrastructure, a problem that would be
alleviated by the transportation of renewable fuels through
pipelines.
(5) The production and use of renewable fuels is supported
by Federal policy and a corresponding Federal policy is
necessary to support the construction of an appropriate
infrastructure to transport such fuels.
SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), except that the term shall include
all ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a common carrier pipeline for transporting
renewable fuel.''.
(b) Terms and Conditions.--
(1) Specific appropriation or contribution.--Subsection (b)
of section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving
such subparagraphs 2 ems to the right;
(B) by striking ``(b) Specific Appropriation or
Contribution.--No guarantee'' and inserting the
following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee''; and
(C) by adding at the end the following:
``(2) Renewable fuel pipelines.--The Secretary may waive
the application of paragraph (1) with respect to a guarantee
for a project described in section 1703(f)(1).''.
(2) Amount.--Subsection (c) of such section is amended--
(A) by striking ``(c) Amount.--Unless'' and
inserting the following:
``(c) Amount.--
``(1) In general.--Unless''; and
(B) by adding at the end the following:
``(2) Renewable fuel pipelines.--With respect to a project
described in section 1703(f)(1)--
``(A) a guarantee by the Secretary shall not exceed
an amount equal to 90 percent of the project cost of
the renewable fuel pipeline that is the subject of the
guarantee, as estimated at the time at which the
guarantee is issued; and
``(B) the Secretary may make more than one
guarantee for such project, to the extent that the sum
of all guarantees for such project does not exceed an
amount equal to 90 percent of the project cost of the
renewable fuel pipeline that is the subject of such
guarantees, as estimated any time after the original
guarantee is issued.''.
(c) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the following:
``(f) Renewable Fuel Pipelines.--
``(1) In general.--The Secretary may make guarantees under
this title for projects to construct renewable fuel pipelines
without regard to any limitation under this section other than
a limitation under this subsection.
``(2) Guarantee determinations.--In determining whether to
make a guarantee for a project described in paragraph (1), the
Secretary shall consider the following:
``(A) The volume of renewable fuel to be moved by
the renewable fuel pipeline.
``(B) The size of the markets to be served by the
renewable fuel pipeline.
``(C) The existence of sufficient storage to
facilitate access to the markets to be served by the
renewable fuel pipeline.
``(D) The proximity of the renewable fuel pipeline
to renewable fuel production facilities.
``(E) The investment in terminal infrastructure of
the entity carrying out the proposed project.
``(F) The history and experience working with
renewable fuel of the entity carrying out the proposed
project.
``(G) The ability of the entity carrying out the
proposed project to ensure and maintain the quality of
the renewable fuel through the terminal system of the
entity and through the dedicated pipeline system.
``(H) The ability of the entity carrying out the
proposed project to complete such proposed project in a
timely manner.
``(I) The ability of the entity carrying out the
proposed project to secure property rights-of-way.
``(J) Other criteria the Secretary determines
appropriate for consideration.
``(3) Eminent domain authority.--When any entity in the
carrying out of a project described in paragraph (1) for which
a guarantee is made under this title cannot acquire by
contract, or is unable to agree with the owner of property to
the compensation to be paid for, the necessary right-of-way to
construct, operate, and maintain a pipeline or pipelines for
the transportation of renewable fuel, and the necessary land or
other property, in addition to right-of-way, for the location
of pump stations, pressure apparatus, or other facilities or
equipment necessary to the proper operation of such pipeline or
pipelines, it may acquire the same by the exercise of the right
of eminent domain in the district court of the United States
for the district in which such property may be located, or in
the State courts, if such exercise is first determined by the
Secretary to be necessary or desirable in the public interest.
The practice and procedure in any action or proceeding for that
purpose in the district court of the United States shall
conform as nearly as may be with the practice and procedure in
a similar action or proceeding in the courts of the State where
the property is situated. The United States district courts
shall only have jurisdiction of cases when the amount claimed
by the owner of the property to be condemned exceeds $3,000.''.
SEC. 4. FINAL RULE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall publish in the Federal Register a final
rule for carrying out a guarantee program for the construction of
renewable fuel pipelines under title XVII of the Energy Policy Act of
2005 in accordance with the amendments made by this Act or shall modify
rules and regulations currently applicable to the guarantee program
under such title in accordance with the amendments made by this Act.
SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT
RENEWABLE FUEL PIPELINES.
(a) In General.--The Secretary may provide grants for projects
described in section 1703(f)(1) of the Energy Policy Act of 2005, as
added by section 3(c) of this Act, to assist in carrying out permit
acquisition, planning, and other preparatory activities for such
projects in advance of participation in the guarantee program under
title XVII of the Energy Policy Act of 2005.
(b) No Impact on Eligibility for a Guarantee.--In determining
whether to make a guarantee for a project under title XVII of the
Energy Policy Act of 2005, the Secretary shall not take into
consideration whether a grant was provided for such project under this
section.
(c) Impact on Guarantee Amount.--In the case of a project for which
a grant is provided under this section and a loan guarantee is made
under title XVII of the Energy Policy Act of 2005, the sum with respect
to such project of grants provided under this section and amounts
guaranteed under title XVII of the Energy Policy Act of 2005 may not
exceed 90 percent of the project cost of such project as estimated at
the time at which a guarantee is issued.
(d) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Energy.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000, to
remain available until expended. | Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.
Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).
Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.
Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest.
Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost. | {"src": "billsum_train", "title": "To amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes."} | 1,922 | 304 | 0.512662 | 1.509323 | 0.66469 | 3.198529 | 6.485294 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Transportation Terrorism
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) 182 public transportation systems throughout the world
have been primary target of terrorist attacks;
(2) more than 6,000 public transportation agencies operate
in the United States;
(3) people use public transportation vehicles 33,000,000
times each day;
(4) the Federal Transit Administration has invested
$84,800,000,000 since 1992 for construction and improvements;
(5) the Federal Government appropriately invested nearly
$24,000,000,000 in fiscal years 2002 through 2006 to protect
our Nation's aviation system;
(6) the Federal Government has allocated $386,000,000 in
fiscal years 2003 through 2006 to protect public transportation
systems in the United States; and
(7) the Federal Government has invested $7.53 in aviation
security improvements per passenger boarding, but only $0.008
in public transportation security improvements per passenger
boarding.
SEC. 3. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, the Federal Transit Administration
of the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary.
(2) Review.--Not later than July 31, 2007, the Secretary
shall review and augment the security assessments received
under paragraph (1).
(3) Allocations.--The Secretary shall use the security
assessments received under paragraph (1) as the basis for
allocating grant funds under section 4, unless the Secretary
notifies the Committee on Banking, Housing, and Urban Affairs
of the Senate that the Secretary has determined an adjustment
is necessary to respond to an urgent threat or other
significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1) and with
appropriate State and local officials, shall establish security
improvement priorities that will be used by public
transportation agencies for any funding provided under section
4.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary shall--
(A) update the security assessments referred to in
this subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest
risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary shall
use the information collected under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public
transportation systems; and
(B) maximizes the efforts of public transportation
systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than
July 31, 2007, the Secretary shall conduct security assessments,
appropriate to the size and nature of each system, to determine the
specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 4. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary shall award grants directly
to public transportation agencies for allowable capital
security improvements based on the priorities established under
section 3(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary shall award grants directly
to public transportation agencies for allowable operational
security improvements based on the priorities established under
section 3(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation
employees, including bus and rail operators, mechanics,
customer service, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 3(a)(4); and
(F) other appropriate security improvements
identified under section 3(a)(4), excluding routine,
ongoing personnel costs.
(c) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section 3(a)(4) and
in awarding grants for capital security improvements and operational
security improvements under subsections (a) and (b), respectively, the
Secretary shall ensure that the actions of the Secretary are consistent
with relevant State Homeland Security Plans.
(d) Multi-State Transportation Systems.--In cases where a public
transportation system operates in more than 1 State, the Secretary
shall give appropriate consideration to the risks of the entire system,
including those portions of the States into which the system crosses,
in establishing security improvement priorities under section 3(a)(4),
and in awarding grants for capital security improvements and
operational security improvements under subsections (a) and (b),
respectively.
(e) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary shall notify the
Committee on Homeland Security and Governmental Affairs and the
Committee on Banking, Housing, and Urban Affairs of the Senate of the
intent to award such grant.
(f) Public Transportation Agency Responsibilities.--Each public
transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Secretary on the use of grant
funds received under this section.
(g) Return of Misspent Grant Funds.--If the Secretary determines
that a grantee used any portion of the grant funds received under this
section for a purpose other than the allowable uses specified for that
grant under this section, the grantee shall return any amount so used
to the Treasury of the United States.
SEC. 5. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Secretary, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of public
transportation owners and operators, and nonprofit employee
organizations that represent public transportation workers, shall
develop and issue detailed regulations for a public transportation
worker security training program to prepare public transportation
workers, including front-line transit employees such as bus and rail
operators, mechanics, customer service employees, maintenance
employees, transit police, and security personnel, for potential threat
conditions.
(b) Program Elements.--The regulations developed under subsection
(a) shall require such a program to include, at a minimum, elements
that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices.
(5) Evacuation procedures (including passengers, workers,
and those with disabilities).
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) Any other subject the Secretary considers appropriate.
(c) Required Programs.--
(1) In general.--Not later than 90 days after the Secretary
issues regulations under subsection (a) in final form, each
public transportation system that receives a grant under this
Act shall develop a public transportation worker security
training program in accordance with those regulations and
submit it to the Secretary for approval.
(2) Approval.--Not later than 30 days after receiving a
public transportation system's program under paragraph (1), the
Secretary shall review the program and approve it or require
the public transportation system to make any revisions the
Secretary considers necessary for the program to meet the
regulations requirements. A public transit agency shall respond
to the Secretary's comments within 30 days after receiving
them.
(d) Training.--
(1) In general.--Not later than 1 year after the Secretary
approves the training program developed by a public
transportation system under subsection (c), the public
transportation system owner or operator shall complete the
training of all public transportation workers in accordance
with that program.
(2) Report.--The Secretary shall review implementation of
the training program of a representative sample of public
transportation systems and report to the Senate Committee on
Banking, Housing and Urban Affairs, House of Representatives
Committee on Transportation and Infrastructure, the Senate
Homeland Security and Government Affairs Committee and the
House of Representatives Committee on Homeland Security, on the
number of reviews conducted and the results. The Secretary may
submit the report in both classified and redacted formats as
necessary.
(e) Updates.--
(1) In general.--The Secretary shall update the training
regulations issued under subsection (a) from time to time to
reflect new or different security threats, and require public
transportation systems to revise their programs accordingly and
provide additional training to their workers.
(2) Program revisions.--Each public transit operator shall
revise their program in accordance with any regulations under
paragraph (1) and provide additional training to their front-
line workers within a reasonable time after the regulations are
updated.
SEC. 6. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis Center
for Public Transportation (referred to in this subsection as
the ``ISAC'') established pursuant to Presidential Directive
63, to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public
transportation agency for participating in the ISAC.
SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND CONTRACTS.
(a) Grants and Contracts Authorized.--The Secretary, through the
Homeland Security Advanced Research Projects Agency in the Science and
Technology Directorate and in consultation with the Federal Transit
Administration, shall award grants or contracts to public or private
entities to conduct research into, and demonstrate technologies and
methods to reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public transportation systems.
(b) Use of Funds.--Grants or contracts awarded under subsection
(a)--
(1) shall be coordinated with Homeland Security Advanced
Research Projects Agency activities; and
(2) may be used to--
(A) research chemical, biological, radiological, or
explosive detection systems that do not significantly
impede passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing; and
(D) research other technologies or methods for
reducing or deterring terrorist attacks against public
transportation systems, or mitigating damage from such
attacks.
(c) Reporting Requirement.--Each entity that is awarded a grant or
contract under this section shall report annually to the Department on
the use of grant or contract funds received under this section.
(d) Return of Misspent Grant or Contract Funds.--If the Secretary
determines that a grantee or contractor used any portion of the grant
or contract funds received under this section for a purpose other than
the allowable uses specified under subsection (b), the grantee or
contractor shall return any amount so used to the Treasury of the
United States.
SEC. 8. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary shall submit a report, containing the
information described in paragraph (2), to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the
provisions of sections 3 through 6;
(B) the amount of funds appropriated to carry out
the provisions of each of sections 3 through 6 that
have not been expended or obligated; and
(C) the state of public transportation security in
the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary shall submit a report to the Governor of each State
with a public transportation agency that has received a grant
under this Act.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated to carry out the provisions of section 4(a) and remain
available until expended--
(1) $536,000,000 for fiscal year 2008;
(2) $772,000,000 for fiscal year 2009; and
(3) $1,062,000,000 for fiscal year 2010.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 4(b)--
(1) $534,000,000 for fiscal year 2008;
(2) $333,000,000 for fiscal year 2009; and
(3) $133,000,000 for fiscal year 2010.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 5.
(d) Research.--There are authorized to be appropriated to carry out
the provisions of section 7 and remain available until expended--
(1) $30,000,000 for fiscal year 2008;
(2) $45,000,000 for fiscal year 2009; and
(3) $55,000,000 for fiscal year 2010.
SEC. 10. SUNSET PROVISION.
The authority to make grants under this Act shall expire on October
1, 2011. | Public Transportation Terrorism Prevention Act of 2007 - Requires the Department of Transportation's (DOT) Federal Transit Administration, within 30 days of enactment, to submit all public transportation security assessments to the Secretary of Homeland Security (Secretary) to review and augment such assessments, not later than July 31, 2007.
Requires the Secretary to: (1) establish and annually update security improvement priorities (improvement priorities), by September 30, 2007, that are consistent with relevant State Homeland Security Plans; (2) annually update the assessments and annually conduct assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack; (3) by July 31, 2007, conduct security assessments of local bus-only public transportation systems and of selected transportation systems receiving grants as other than urbanized areas; and (4) use information collected from the assessments to develop security guidelines for public transportation security and design a security improvement strategy.
Directs the Secretary, consistent with relevant State Homeland Security Plans, to award grants to public transportation agencies for allowable capital and operational security improvements based on the improvement priorities. Defines allowable. Requires congressional notification before the award of any grant. Sets forth public transportation agency requirements for receiving a grant.
Directs the Secretary to: (1) develop and issue regulations for a public transportation worker security training program; (2) ensure that DOT receives timely notification of all credible terrorist threats against U.S. public transportation assets; (3) provide assistance for the reasonable costs of the Information Sharing and Analysis Center (ISAC) for Public Transportation to protect critical infrastructure; and (4) award grants or contracts for research and the demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks.
Requires public transportation agencies determined to be at significant risk of terrorist attack to participate in the ISAC and encourages all other public transportation agencies to participate in the ISAC. Prohibits charging a fee to any public transportation agency for participating in the ISAC.
Sets forth reporting requirements.
Authorizes appropriations through FY2010.
Terminates grant authority on October 1, 2011. | {"src": "billsum_train", "title": "An original bill to provide the resources to protect public transportation from terrorism."} | 3,193 | 438 | 0.6746 | 2.046685 | 0.950539 | 3.655172 | 7.637931 | 0.945813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Empower Low-income Parents
(HELP) Scholarships Amendments of 1998''.
SEC. 2. DEFINITIONS.
Section 6003 of the Elementary and Secondary Education Act of 1965
is amended--
(1) in the section heading by striking ``definition'' and
inserting ``definitions'';
(2) by striking ``(1)'', ``(2)'', and ``(3)'';
(3) in the matter proceeding subparagraph (A), by striking
``title the term'' and inserting the following:
``title--
``(1) the term'';
(4) by striking the period at the end; and
(5) by adding at the end the following:
``(2) the term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved; and
``(3) the term `voluntary public and private parental
choice program' means a program that meets the requirements of
section 6301(b)(9), is authorized by State law, and includes 1
or more private schools to allow low-income parents to choose
the appropriate school for their children.''.
SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
Section 6102(a) of the Elementary and Secondary Education Act of
1965 is amended to read as follows:
``(a) Distribution Rule.--
``(1) In general.--Except as provided in paragraph (2),
from the sums made available each year to carry out this title,
the State educational agency shall distribute not less than 90
percent to local educational agencies within such State
according to the relative enrollments in public and private,
nonprofit schools within the school districts of such agencies,
adjusted, in accordance with criteria approved by the
Secretary, to provide higher per pupil allocations to local
educational agencies which have the greatest numbers or
percentages of children whose education imposes a higher than
average cost per child, such as--
``(A) children living in areas with high concentrations of
low-income families;
``(B) children from low-income families; and
``(C) children living in sparsely populated areas.
``(2) Exception.--A State that has enacted or will enact a
law that establishes a voluntary public and private parental
choice program and that complies with the provisions of section
6301(b)(9) may reserve an additional 15 percent from the sums
made available each year to carry out this title if the
additional amount reserved is used exclusively for voluntary
public and private parental choice programs.''.
SEC. 4. USES OF FUNDS.
(a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) by inserting after subparagraph (C) the following:
``(D) establishing voluntary public and private
parental choice programs in accordance with section
6301(b)(9); and''.
(b) Local Uses of Funds.--Section 6301(b) of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in paragraph (7), by striking ``and'' after the
semicolon;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (8) the following:
``(9) voluntary public and private parental choice programs
that--
``(A) are located in an area that has the greatest
numbers or percentages of children--
``(i) living in areas with a high
concentration of low-income families;
``(ii) from low-income families; or
``(iii) living in sparsely populated areas;
``(B) ensure that participation in such a voluntary
public and private parental choice program is limited
to families whose family income does not exceed 185
percent of the poverty line;
``(C) ensure that--
``(i) the maximum amount of a voluntary
public and private parental choice scholarship
does not exceed the per pupil expenditure of
the local educational agency in which an
applicant for a voluntary public and private
parental choice scholarship resides;
``(ii) the minimum amount of a voluntary
public and private parental choice scholarship
is not less than 60 percent of the per pupil
expenditure of the local educational agency in
which an applicant for a voluntary public and
private parental choice scholarship resides or
the cost of tuition at a private school,
whichever is less;
``(D) ensure that for a private school, which may
include a religiously affiliated school, choosing to
participate in a voluntary public and private parental
choice program--
``(i) such a school is permitted to impose
the same academic requirements for all
students, including students selected for a
scholarship as provided under this paragraph;
``(ii) receipt of funds under this title is
not conditioned with requirements or
regulations that preclude the use of such funds
for sectarian educational purposes or require
removal of religious art, icons, scripture, or
other symbols; and
``(iii) such a school is in compliance with
all State requirements applicable to the
operation of a private school that are in
effect in the year preceding the date of the
enactment of the Helping Empower Low-income
Parents (HELP) Scholarships Amendments of 1997;
``(E) may allow State, local, and private funds to
be used for voluntary public and private parental
choice programs; and
``(F) ensure priority for students who were
enrolled in a public school in the school year
preceding the school year in which a voluntary public
and private parental choice school begins operation.''.
SEC. 5. EDUCATION FLEXIBILITY.
Part C of title VI of the Elementary and Secondary Education Act of
1965 is amended by adding at the end the following:
``SEC. 6304. EDUCATION FLEXIBILITY.
``(a) In General.--A local educational agency that establishes a
voluntary public and private parental choice program in accordance with
section 6301(b)(9) is eligible to apply for an education flexibility
waiver of certain Federal statutory or regulatory requirements if such
agency complies with the requirements of subsection (b).
``(b) Application.--The requirements referred to in subsection (a)
are as follows:
``(1) In general.--Submission of an application, approved
by the State educational agency, to the Secretary that--
``(A) identifies the State statutory and regulatory
requirements sought to be waived;
``(B) identifies the Federal statutory and
regulatory requirements sought to be waived;
``(C) includes a statement of justification for
waiving such requirements;
``(D) describes the goals and performance criteria
that will be used to determine the effectiveness of
waiving such requirements;
``(E) certifies that the information in the
application has been submitted to the units of local
governments in which such local educational agency is
located, the State legislature, and the Governor
encouraging such entities to comment for a period of
not less than 60 days; and
``(F) includes any comments received pursuant to
subparagraph (E);
``(2) State waivers.--A statement from the State
educational agency that describes the action the agency has
undertaken or will undertake, not later than 90 days after
notification from the Secretary that the waiver request has
been granted, to remove State statutory or regulatory barriers
for such local educational agency.
``(c) Approval and Notice.--
``(1) Approval.--Except as provided in subsection (d), the
Secretary shall approve the request of a local educational
agency to waive certain Federal statutory or regulatory
requirements if--
``(A) such agency complies with this section; and
``(B) the State in which such agency is located has
granted one or more of the waivers sought by the local
educational agency or agrees to grant, not later than
90 days after notification by the Secretary that the
waiver request has been granted, one or more waivers
that the State and local educational agency find
mutually acceptable.
``(2) Notice.--The Secretary shall notify each local
educational agency for which a waiver request is submitted
whether the request complies with the requirements of this
section not later than 60 days after receiving the request. If
the Secretary does not notify the local educational agency, as
required under this paragraph, the application shall be
considered, for purposes of this section, to have been
determined to comply with the requirements of this section and
the local educational agency shall be considered to have been
notified of compliance upon the expiration of such 60-day
period.
``(d) Prohibition Against Certain Waivers.--The Secretary shall not
waive any of the following provisions:
``(1) Civil rights.--Civil rights protections and
discrimination prohibitions, including the safety and
procedural provisions under title VI of the Civil Rights Act,
title IX of the Education Amendments of 1972, section 504 of
the Rehabilitation Act of 1973, or the Age Discrimination Act
of 1975.
``(2) Services for disabled.--Services provided under the
Individuals with Disabilities Education Act.
``(3) Fiscal accountability measures.--Fiscal
accountability measures, including--
``(A) maintenance of effort or comparability of
services requirements under any program; and
``(B) requirements that Federal funds supplement,
not supplant non-Federal funds.
``(4) General requirements.--Requirements to provide for--
``(A) the equitable participation of private school
students and teachers; and
``(B) parental involvement in program activities
and services.
SEC. 6. EVALUATION.
Part D of title VI of the Elementary and Secondary Education Act of
1965 is amended--
(1) by adding at the end of section 6402 the following new
subsection:
``(j) Application.--This section shall not apply to funds that a
State or local educational agency uses to establish a voluntary public
and private parental choice program in accordance with section
6301(b)(9).''; and
(2) by adding at the end of such part the following new
sections:
``SEC. 6404. EVALUATION.
``(a) Annual Evaluation.--
``(1) Contract.--The Comptroller General of the United
States shall enter into a contract, with an evaluating agency
that has demonstrated experience in conducting evaluations, for
the conduct of an ongoing rigorous evaluation of the programs
established under section 6301(b)(9).
``(2) Annual evaluation requirement.--The contract
described in paragraph (1) shall require the evaluating agency
entering into such contract to evaluate annually each program
established under section 6301(b)(9) in accordance with the
evaluation criteria described in subsection (b) and each such
program that has applied for an education flexibility waiver
under section 6304.
``(3) Transmission.--The contract described in paragraph
(1) shall require the evaluating agency entering into such
contract to transmit to the Comptroller General of the United
States the findings of each annual evaluation under paragraph
(1).
``(b) Evaluation Criteria.--The Comptroller General of the United
States, in consultation with the Secretary, shall establish minimum
criteria for evaluating each program established under section
6301(b)(9). Such criteria shall provide for--
``(1) a description of the implementation of each program
established under section 6301(b)(9) and the program's effects
on all participants, schools, and communities in the program
area, with particular attention given to the effect of parent
participation in the life of the school and the level of
parental satisfaction with the program; and
``(2) a comparison of the educational achievement of all
students in the program area, including a comparison between--
``(A) students receiving a voluntary public and
private parental choice scholarships under section
6301(b)(9); and
``(B) students not receiving a voluntary public and
private parental choice scholarships under such
section.
``(c) Evaluation Funds.--Pursuant to the authority provided under
section 14701, the Secretary shall reserve not more than 0.50 percent
of the amount of funds made available under section 6002 to carry out
this section. To determine the amount necessary for evaluation
purposes, the Secretary shall consider the prospective scale and scope
of the evaluation, including the number of local educational agencies
conducting voluntary public and private choice programs.
``SEC. 6405. APPLICABILITY.
``(a) Not School Aid.--Subject to subsection (b), funds used under
this title to establish a voluntary public and private parental choice
program shall be considered assistance to the student and shall not be
considered as assistance to any school that chooses to participate in
such program.
``(b) No Federal Control.--The Secretary is not permitted to
exercise any direction, supervision, or control over curricula, program
of instruction, administration, or personnel of any school that chooses
to participate in a voluntary public and private choice program
established under 6309(b)(9).''. | Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies (SEAs), except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies (LEAs).
(Sec. 4) Includes such parental choice programs among State and local uses of title VI funds.
Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line.
(Sec. 5) Allows LEAS that establish parental choice programs to apply for education flexibility waivers of certain statutory or regulatory requirements. Requires approval of such waivers by the Secretary of Education or the SEA, as applicable.
Prohibits the Secretary from waiving requirements for: (1) civil rights protections and discrimination prohibitions; (2) services provided under the Individuals with Disabilities Education Act; (3) fiscal accountability measures; (4) equitable participation of private school students and teachers; and (5) parental involvement in program activities and services.
(Sec. 6) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations.
Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program.
Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. | {"src": "billsum_train", "title": "Helping Empower Low-Income Parents (HELP) Scholarships Amendments of 1998"} | 2,936 | 508 | 0.597317 | 1.712624 | 0.800818 | 4.074324 | 6.209459 | 0.921171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2001''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2001-2002, and each year
thereafter, prepare, publish, and distribute, through
appropriate publications or mailings, to all current students
and employees, and to any applicant for enrollment or
employment upon request, an annual fire safety report
containing at least the following information with respect to
the campus fire safety practices and standards of that
institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether or not
that facility is equipped with a fire sprinkler system
or other fire safety systems, or both.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding calendar years for which
data are available, of fires and false fire alarms in
student housing facilities.
``(C) For each such occurrence, a statement of the
human injuries or deaths and the structural damage
caused by the occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols (as defined in local fire codes), rules on
portable electrical appliances, smoking and open flames
(such as candles), regular mandatory supervised fire
drills, and planned and future improvement in fire
safety.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(3) Reports.--Each institution participating in any
program under this title shall make periodic reports to the
campus community on fires and false fire alarms that are
reported to local fire departments in a manner that will aid
the prevention of similar occurrences.
``(4) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with representatives of
institutions of higher education, identify exemplary
fire safety policies, procedures, and practices and
disseminate information concerning those policies,
procedures, and practices that have proven effective in
the reduction of campus fires.
``(5) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Within one year after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to the Congress a
report containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college
facilities, including recommendations for methods to fund such
cost. | Campus Fire Safety Right-to-Know Act of 2001 - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations. | {"src": "billsum_train", "title": "To provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes."} | 934 | 256 | 0.659217 | 1.874408 | 0.858105 | 4.609053 | 3.736626 | 0.946502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trusted, Reliable, Unquestioned
Method of Procedure for Special Counsel Appointment, Limitations, and
Powers Act of 2017'' or the ``TRUMP Special Counsel Act''.
SEC. 2. GROUNDS FOR APPOINTING A SPECIAL COUNSEL.
(a) In General.--The Attorney General shall appoint a Special
Counsel when the Attorney General determines that--
(1) criminal investigation of a person or matter is
warranted;
(2) that investigation or prosecution of that person or
matter by a United States Attorney's Office or litigating
Division of the Department of Justice would present a conflict
of interest for the Department or other extraordinary
circumstances; and
(3) under the circumstances, it would be in the public
interest to appoint an outside Special Counsel to assume
responsibility for the matter.
(b) Extraordinary Circumstances.--For the purposes of subsection
(a) extraordinary circumstances exist in any criminal investigation--
(1) of the President, Vice President, their spouses or
children, or any organization, enterprise, or entity owned by,
under the control of, or serving the interests of the President
or Vice President; or
(2) which involves the activities of agents or entities
under the control of or allied with a foreign state acting in
concert with agents, organizations or entities associated with
the President or the Vice President.
SEC. 3. ALTERNATIVES AVAILABLE TO THE ATTORNEY GENERAL.
(a) In General.--When matters are brought to the attention of the
Attorney General that might warrant consideration of appointment of a
Special Counsel, the Attorney General may--
(1) appoint a Special Counsel;
(2) direct that an initial investigation, consisting of
such factual inquiry or legal research as the Attorney General
deems appropriate, be conducted in order to better inform the
decision; or
(3) conclude that under the circumstances of the matter,
the public interest would not be served by removing the
investigation from the normal processes of the Department, and
that the appropriate component of the Department should handle
the matter.
(b) Mitigation of Conflicts of Interest.--If the Attorney General
reaches the conclusion described in subsection (a)(3), the Attorney
General may direct that appropriate steps be taken to mitigate any
conflicts of interest, such as recusal of particular officials.
SEC. 4. QUALIFICATIONS OF THE SPECIAL COUNSEL.
(a) In General.--An individual named as Special Counsel shall be a
lawyer with a reputation for integrity and impartial decisionmaking,
and with appropriate experience to ensure both that the investigation
will be conducted ably, expeditiously and thoroughly, and that
investigative and prosecutorial decisions will be supported by an
informed understanding of the criminal law and Department of Justice
policies. The Special Counsel shall be selected from outside the United
States Government. Special Counsels shall agree that their
responsibilities as Special Counsel shall take first precedence in
their professional lives, and that it may be necessary to devote their
full time to the investigation, depending on its complexity and the
stage of the investigation.
(b) Method of Appointment; Background Investigation.--The Attorney
General shall consult with the Assistant Attorney General for
Administration to ensure an appropriate method of appointment, and to
ensure that a Special Counsel undergoes an appropriate background
investigation and a detailed review of ethics and conflicts of interest
issues. A Special Counsel shall be appointed as a ``confidential
employee'' as defined in section 7511(b)(2)(C) of title 5, United
States Code.
SEC. 5. JURISDICTION.
(a) Original Jurisdiction.--The jurisdiction of a Special Counsel
shall be established by the Attorney General. The Attorney General
shall provide to the Special Counsel a specific factual statement of
the matter to be investigated. The jurisdiction of a Special Counsel
shall also include the authority to investigate and prosecute Federal
crimes committed in the course of, and with intent to interfere with,
the Special Counsel's investigation, such as perjury, obstruction of
justice, destruction of evidence, and intimidation of witnesses; and to
conduct appeals arising out of any matter being investigated or
prosecuted.
(b) Additional Jurisdiction.--If in the course of an investigation
the Special Counsel concludes that additional jurisdiction beyond that
specified in the original jurisdiction is necessary in order to fully
investigate and resolve the matters assigned, or to investigate new
matters that come to light in the course of the investigation, the
Special Counsel shall consult with the Attorney General, who will
determine whether to include the additional matters within the Special
Counsel's jurisdiction or assign them elsewhere.
(c) Civil and Administrative Jurisdiction.--If in the course of an
investigation the Special Counsel determines that administrative
remedies, civil sanctions or other governmental action outside the
criminal justice system might be appropriate, the Special Counsel shall
consult with the Attorney General with respect to the appropriate
component to take any necessary action. A Special Counsel shall not
have civil or administrative authority unless specifically granted such
jurisdiction by the Attorney General.
SEC. 6. STAFF.
A Special Counsel may request the assignment of appropriate
Department employees to assist the Special Counsel. The Department
shall gather and provide the Special Counsel with the names and resumes
of appropriate personnel available for detail. The Special Counsel may
also request the detail of specific employees, and the office for which
the designated employee works shall make reasonable efforts to
accommodate the request. The Special Counsel shall assign the duties
and supervise the work of such employees while they are assigned to the
Special Counsel. If necessary, the Special Counsel may request that
additional personnel be hired or assigned from outside the Department.
All personnel in the Department shall cooperate to the fullest extent
possible with the Special Counsel.
SEC. 7. POWERS AND AUTHORITY.
Subject to the limitations in section 8, the Special Counsel shall
exercise, within the scope of the Special Counsel's jurisdiction, the
full power and independent authority to exercise all investigative and
prosecutorial functions of any United States Attorney. Except as
provided in this part, the Special Counsel shall determine whether and
to what extent to inform or consult with the Attorney General or others
within the Department about the conduct of the Special Counsel's duties
and responsibilities.
SEC. 8. CONDUCT AND ACCOUNTABILITY.
(a) Rules of the Department of Justice.--A Special Counsel shall
comply with the rules, regulations, procedures, practices and policies
of the Department of Justice. The Special Counsel shall consult with
appropriate offices within the Department for guidance with respect to
established practices, policies and procedures of the Department,
including ethics and security regulations and procedures. Should the
Special Counsel conclude that the extraordinary circumstances of any
particular decision would render compliance with required review and
approval procedures by the designated Departmental component
inappropriate, the Special Counsel may consult directly with the
Attorney General.
(b) Supervision by Officials of Department of Justice.--The Special
Counsel shall not be subject to the day-to-day supervision of any
official of the Department. However, the Attorney General may request
that the Special Counsel provide an explanation for any investigative
or prosecutorial step, and may after review conclude that the action is
so inappropriate or unwarranted under established Departmental
practices that it should not be pursued. In conducting that review, the
Attorney General will give great weight to the views of the Special
Counsel. If the Attorney General concludes that a proposed action by a
Special Counsel should not be pursued, the Attorney General shall
notify Congress as specified in section 11(a)(3).
(c) Ethical Duties.--The Special Counsel and staff shall be subject
to disciplinary action for misconduct and breach of ethical duties
under the same standards and to the same extent as are other employees
of the Department of Justice. Inquiries into such matters shall be
handled through the appropriate office of the Department upon the
approval of the Attorney General.
(d) Discipline and Removal.--The Special Counsel may be disciplined
or removed from office only by the personal action of the Attorney
General. The Attorney General may remove a Special Counsel for
misconduct, dereliction of duty, incapacity, conflict of interest, or
for other good cause, including violation of Departmental policies. The
Attorney General shall inform the Special Counsel in writing of the
specific reason for the removal.
SEC. 9. NOTIFICATION AND REPORTS BY THE SPECIAL COUNSEL.
(a) Budget.--
(1) A Special Counsel shall be provided all appropriate
resources by the Department of Justice. Within the first 60
days of appointment, the Special Counsel shall develop a
proposed budget for the current fiscal year with the assistance
of the Justice Management Division for the Attorney General's
review and approval. Based on the proposal, the Attorney
General shall establish a budget for the operations of the
Special Counsel. The budget shall include a request for
assignment of personnel, with a description of the
qualifications needed.
(2) Thereafter, 90 days before the beginning of each fiscal
year, the Special Counsel shall report to the Attorney General
the status of the investigation, and provide a budget request
for the following year. The Attorney General shall determine
whether the investigation should continue and, if so, establish
the budget for the next year.
(b) Notification of Significant Events.--The Special Counsel shall
notify the Attorney General of events in the course of the
investigation in conformity with the Departmental guidelines with
respect to Urgent Reports.
(c) Closing Documentation.--At the conclusion of the Special
Counsel's work, the Special Counsel shall provide the Attorney General
with a confidential report explaining the prosecution or declination
decisions reached by the Special Counsel.
SEC. 10. NOTIFICATION AND REPORTS BY THE ATTORNEY GENERAL.
(a) Notification.--The Attorney General shall notify the Chairman
and Ranking Minority Member of the Judiciary Committees of each House
of Congress, with an explanation for each action--
(1) upon appointing a Special Counsel;
(2) upon removing any Special Counsel; and
(3) upon conclusion of the Special Counsel's investigation,
including, to the extent consistent with applicable law, a
description and explanation of instances (if any) in which the
Attorney General concluded that a proposed action by a Special
Counsel was so inappropriate or unwarranted under established
Departmental practices that it should not be pursued.
(b) Delay of Notification.--The notification requirement in
subsection (a)(1) of this section may be tolled by the Attorney General
upon a finding that legitimate investigative or privacy concerns
require confidentiality. At such time as confidentiality is no longer
needed, the notification shall be provided.
(c) Public Release.--The Attorney General may determine that public
release of these reports would be in the public interest, to the extent
that release would comply with applicable legal restrictions. All other
releases of information by any Department of Justice employee,
including the Special Counsel and staff, concerning matters handled by
Special Counsels shall be governed by the generally applicable
Departmental guidelines concerning public comment with respect to any
criminal investigation, and relevant law.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $100,000,000 for each of the fiscal years 2017 through
2021.
(b) Availability.--Funds appropriated under subsection (a) shall
remain available until expended. | Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017 or the TRUMP Special Counsel Act This bill requires the Attorney General to appoint a special counsel when the Attorney General determines that the investigation or prosecution of a person or matter would present a conflict of interest for the Department of Justice (DOJ) or other extraordinary circumstances exist. Extraordinary circumstances exist in any criminal investigation of the President, Vice President, and their spouses or children, or which involves the activities of agents or entities under the control of a foreign state acting in concert with agents associated with the President or Vice President. The jurisdiction of a special counsel is established by the Attorney General, who shall include a specific factual statement of the matter to be investigated. The special counsel's jurisdiction also includes the authority to investigate and prosecute federal crimes committed with the intent to interfere with the investigation. A special counsel may request the assignment of appropriate DOJ employees to assist him or her. If necessary, the special counsel may request that additional personnel be hired or assigned from outside DOJ. The special counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any U.S. Attorney. The special counsel and staff shall be subject to disciplinary action for misconduct under the same standards as other employees of DOJ. At the conclusion of the special counsel's work, the special counsel must provide the Attorney General with a confidential report explaining prosecution or declination decisions. | {"src": "billsum_train", "title": "Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017"} | 2,424 | 332 | 0.70654 | 2.185579 | 0.886495 | 4.878378 | 7.702703 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Putting Patients and Providers Ahead
of Compressed Regulatory Timelines Act of 2015''.
SEC. 2. SUNSETTING CERTAIN PENALTIES RELATING TO MEANINGFUL EHR USE.
(a) Eligible Professionals.--
(1) In general.--Section 1848(a)(7) of the Social Security
Act (42 U.S.C. 1395w-4(a)(7)) is amended by striking
subparagraph (A).
(2) Effective date; rebate.--
(A) Effective date.--The amendment made by
paragraph (1) shall apply with respect to items and
services furnished on or after January 1, 2015.
(B) Rebate.--With respect to items and services
furnished during the period beginning on January 1,
2015, and ending on the date of the enactment of this
Act, the Secretary of Health and Human Services shall
implement a method to provide eligible professionals
(as defined in section 1848(o)(5)(C) of the Social
Security Act (42 U.S.C. 1395w-4(o)(5)(C))) a
reimbursement equal to the amount by which--
(i) the amount of reimbursement made under
section 1848 of such Act (42 U.S.C. 1395w-4),
before application of this subsection, for such
items and services furnished during such period
by such professionals; is less than
(ii) the amount of reimbursement that would
have been made under such section, after
application of this subsection, for such items
and services furnished by such professionals
during such period.
(b) Eligible Hospitals.--
(1) In general.--Section 1886(b)(3)(B) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended by striking
clause (ix).
(2) Effective date; rebate.--
(A) Effective date.--The amendment made by
paragraph (1) shall apply with respect to items and
services furnished on or after October 1, 2014.
(B) Rebate.--With respect to items and services
furnished during the period beginning on October 1,
2014, and ending on the date of the enactment of this
Act, the Secretary of Health and Human Services shall
implement a method to provide eligible hospitals (as
defined in section 1886(n)(6)(A) of the Social Security
Act (42 U.S.C. 1395ww(n)(6)(A))) a reimbursement equal
to the amount by which--
(i) the amount of reimbursement made under
section 1886 of such Act (42 U.S.C. 1395ww),
before application of this subsection, for such
items and services furnished during such period
by such hospitals; is less than
(ii) the amount of reimbursement that would
have been made under such section, after
application of this subsection, for such items
and services furnished by such hospitals during
such period.
(c) Critical Access Hospitals.--
(1) In general.--Section 1814(l) of the Social Security Act
(42 U.S.C. 1395f(l)) is amended by striking paragraph (4).
(2) Effective date; rebate.--
(A) Effective date.--The amendment made by
paragraph (1) shall apply with respect to items and
services furnished during a reporting period beginning
on or after October 1, 2014.
(B) Rebate.--With respect to items and services
furnished during the period beginning on the first day
on which paragraph (1) applies, and ending on the date
of the enactment of this Act, the Secretary of Health
and Human Services shall implement a method to provide
critical access hospitals a reimbursement equal to the
amount by which--
(i) the amount of reimbursement made under
section 1814 of the Social Security Act (42
U.S.C. 1395f), before application of this
subsection, for such items and services
furnished during such period by such hospitals;
is less than
(ii) the amount of reimbursement that would
have been made under such section, after
application of this subsection, for such items
and services furnished by such hospitals during
such period.
(d) Medicare Advantage.--
(1) In general.--Section 1853 of the Social Security Act
(42 U.S.C. 1395w-23) is amended--
(A) in subsection (l)--
(i) in paragraph (1)--
(I) by striking ``paragraphs (3)
and (4)'' and inserting ``paragraph
(3)'';
(II) by striking ``sections 1848(o)
and 1848(a)(7)'' and inserting
``section 1848(o)''; and
(III) by striking ``and payment
adjustments under paragraph (4) shall
apply to''; and
(ii) by striking paragraph (4); and
(B) in subsection (m)--
(i) in paragraph (1)--
(I) by striking ``paragraphs (3)
and (4)'' and inserting ``paragraph
(3)'';
(II) by striking ``sections 1886(n)
and 1886(b)(3)(B)(ix)'' and inserting
``section 1886(n)''; and
(III) by striking ``and payment
adjustments under paragraph (4) shall
apply to''; and
(ii) by striking paragraph (4).
(2) Effective date; rebate.--
(A) Effective date.--The amendments made by
paragraph (1) shall apply with respect to items and
services furnished during an applicable period
beginning on or after October 1, 2014.
(B) Rebate.--With respect to items and services
furnished during the period beginning on the first day
on which paragraph (1) applies, and ending on the date
of the enactment of this Act, the Secretary of Health
and Human Services shall implement a method to provide
MA organizations a reimbursement equal to the amount by
which--
(i) the payment amount payable under
section 1853 of the Social Security Act (42
U.S.C. 1395w-23) for such organization, before
application of this subsection, for such items
and services furnished during such period; is
less than
(ii) the payment amount that would have
been payable under such section for such
organization, after application of this
subsection, for such items and services
furnished during such period. | Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to eliminate provider penalties for failure to comply with electronic health records (EHR) use requirements. Under current law, certain hospitals, Medicare Advantage organizations, and professionals participating in Medicare are subject to negative payment adjustments if they fail to comply with established requirements for EHR use. The bill eliminates these penalties and requires the Centers for Medicare & Medicaid Services to reimburse such providers for payments that they would have received within a specified timeframe had such penalties not been applied. | {"src": "billsum_train", "title": "Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015"} | 1,385 | 142 | 0.473301 | 1.404025 | 0.616682 | 1.535088 | 10.692982 | 0.640351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Prevention and Liability
Act of 2004''.
SEC. 2. DEFINITION OF RESPONSIBLE PARTY.
Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Vessels.--
``(i) In general.--In the case of a vessel
other than a single-hull tank vessel, any
person that owns, operates, or demise charters
the vessel.
``(ii) Single-hull tank vessels.--In the
case of a single-hull tank vessel, any person
that--
``(I) owns, operates, or demise
charters the vessel; or
``(II) by contract or agreement,
through an agent, or otherwise,
arranges for the shipment in a single-
hull tank vessel of oil owned or
possessed by the person or any other
person.''.
SEC. 3. LIMITS ON LIABILITY.
(a) Increase in Liability Limits.--Section 1004(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``for a tank vessel, the greater
of--'' and inserting ``for a double-hull tank vessel,
after December 31, 2004, the greater of--'';
(B) in subparagraph (A), by striking ``$1,200'' and
inserting ``$2,400''; and
(C) in subparagraph (B)--
(i) in clause (i), by striking
``$10,000,000'' and inserting ``$20,000,000'';
and
(ii) in clause (ii), by striking
``$2,000,000'' and inserting ``$4,000,000'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) for a single-hull tank vessel--
``(A) during the period beginning January 1, 2005,
and ending December 31, 2005, the greater of--
``(i) $2,400 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $20,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $4,000,000;
``(B) during the period beginning January 1, 2006,
and ending December 31, 2006, the greater of--
``(i) $3,600 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $30,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $6,000,000;
``(C) during the period beginning January 1, 2007,
and ending December 31, 2007, the greater of--
``(i) $4,800 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $40,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $8,000,000;
``(D) during the period beginning January 1, 2008,
and ending December 31, 2008, the greater of--
``(i) $6,000 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $50,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $10,000,000;
``(E) during the period beginning January 1, 2009,
and ending December 31, 2009, the greater of--
``(i) $7,200 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $60,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $12,000,000; and
``(F) after December 31, 2009, the maximum amount
permitted under the Constitution;'';
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``$600'' and inserting ``$1,200'';
and
(B) by striking ``$500,000'' and inserting
``$1,000,000'';
(5) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``$75,000,000'' and inserting ``$150,000,000''; and
(6) in paragraph (5) (as redesignated by paragraph (2)), by
striking ``$350,000,000'' and inserting ``$700,000,000''.
(b) Adjustment of Liability Limits.--Section 1004(d) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Deepwater ports and associated vessels.--The
Secretary may establish a limit of liability of less than
$700,000,000, but not less than $100,000,000, for the
transportation of oil by vessel to deepwater ports (as defined
in section 3 of the Deepwater Port Act of 1974 (33 U.S.C.
1502)).''; and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(c) Adjustment for Inflation.--Paragraph (2) of section 1004(d) of
the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)) (as redesignated by
subsection (b)(2)) is amended--
(1) by striking ``The President'' and inserting ``The
Secretary of the department in which the Coast Guard is
located, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of the
Interior,''; and
(2) by striking ``significant''.
SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES.
(a) Conditions for Entry to Ports in the United States.--Section 9
of the Ports and Waterways Safety Act (33 U.S.C. 1228) is amended by
adding at the end the following:
``(c) Risk of Severe Harm.--Not later than January 1, 2006, the
Secretary of the department in which the Coast Guard is located shall
promulgate regulations under which the owner or operator of a port on
the navigable waters of the United States may, after December 31, 2009,
request the Secretary of the department in which the Coast Guard is
located to place restrictions on the entry into port of the shipment of
an individual tank vessel, or class of tank vessels, that presents a
risk of severe harm to the environment, economy, or public safety of
the port or port region.''.
(b) Inspection and Examination.--Section 3714(a) of title 46,
United States Code, is amended by adding at the end the following:
``(6) In addition to the inspections required under
paragraphs (1) and (2), each single-hull tank vessel that is
more than 15 years of age shall undergo an annual inspection in
accordance with the Condition Assessment Scheme of the Marine
Environment Protection Committee of the International Maritime
Organization, adopted by Resolution 94(46) on April 27, 2001,
as determined in accordance with regulations promulgated by the
Secretary.''.
SEC. 5. STUDY.
(a) Administration.--The Commandant of the Coast Guard shall offer
to enter into a contract with the National Academy of Sciences to
conduct a study to assess the total economic cost of oil spills, and
the types of costs resulting from oil spills, in the United States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to Congress a
report describing the results of the study.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
January 1, 2005. | Oil Spill Prevention and Liability Act of 2004 - Amends the Oil Pollution Act of 1990 to double liability limits associated with oil spills for double-hull tank vessels, other vessels, offshore facilities (except deepwater ports), and onshore facilities and deepwater ports.
Gradually phases out (over six years) liability limits for single-hull vessels.
Authorizes the Secretary of the department in which the Coast Guard is operating to establish separate liability limits for the transportation of oil by vessel to deepwater ports.
Amends the Ports and Waterways Safety Act to require the Secretary to promulgate regulations under which port owners or operators may request that the Secretary place restrictions on the entry of tank vessel shipments presenting a risk of severe harm to the environment, economy, or public safety of the port or port region.
Requires single-hull tank vessels that are more than 15 years old to undergo annual inspections.
Directs the Commandant of the Coast Guard to contract with the National Academy of Sciences for a study assessing the total economic cost of oil spills, and the types of costs resulting from such spills, and to report the findings to Congress. | {"src": "billsum_train", "title": "A bill to amend the Oil Pollution Act of 1990 to prevent oil spills and increase liability limits, and for other purposes."} | 1,848 | 248 | 0.522458 | 1.475037 | 0.727495 | 4.302752 | 7.724771 | 0.87156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Employee Accountability
Act''.
SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES.
Paragraph (1) of section 7501 of title 5, United States Code, is
amended to read as follows:
``(1) `employee' means--
``(A) an individual in the competitive service who
is not serving a probationary or trial period under an
initial appointment or who has completed 1 year of
current continuous employment in the same or similar
positions under other than a temporary appointment
limited to 1 year or less; or
``(B) a career appointee in the Senior Executive
Service who--
``(i) has completed the probationary period
prescribed under section 3393(d); or
``(ii) was covered by the provisions of
subchapter II of this chapter immediately
before appointment to the Senior Executive
Service;''.
SEC. 3. INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES
``Sec. 7551. Definitions
``For the purposes of this subchapter--
``(1) `employee' has the meaning given such term in section
7541; and
``(2) `investigative leave' means a temporary absence
without duty for disciplinary reasons, of a period not greater
than 90 days.
``Sec. 7552. Actions covered
``This subchapter applies to investigative leave.
``Sec. 7553. Cause and procedure
``(a)(1) Under regulations prescribed by the Office of Personnel
Management, an agency may place an employee on investigative leave,
without loss of pay and without charge to annual or sick leave, only
for misconduct, neglect of duty, malfeasance, or misappropriation of
funds.
``(2) If an agency determines that such employee's conduct is
serious or flagrant, the agency may place such employee on
investigative leave under this subchapter without pay.
``(b)(1) At the end of each 45-day period during a period of
investigative leave implemented under this section, the relevant agency
shall review the investigation into the employee with respect to the
misconduct, neglect of duty, malfeasance, or misappropriation of funds.
``(2) Not later than 5 business days after the end of each such 45-
day period, the agency shall submit a report describing such review to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
``(3) At the end of a period of investigative leave implemented
under this section, the agency shall--
``(A) remove an employee placed on investigative leave
under this section;
``(B) suspend such employee without pay; or
``(C) reinstate or restore such employee to duty.
``(4) The agency may extend the period of investigative leave with
respect to an action under this subchapter for an additional period not
to exceed 90 days.
``(c) An employee against whom an action covered by this subchapter
is proposed is entitled to, before being placed on investigative leave
under this section--
``(1) at least 30 days' advance written notice, stating
specific reasons for the proposed action, unless--
``(A) there is reasonable cause to believe that the
employee has committed a crime for which a sentence of
imprisonment can be imposed; or
``(B) the agency determines that the employee's
conduct with respect to which an action covered by this
subchapter is proposed is serious or flagrant as
prescribed in regulation by the Office of Personnel
Management;
``(2) a reasonable time, but not less than 7 days, to
answer orally and in writing and to furnish affidavits and
other documentary evidence in support of the answer;
``(3) be represented by an attorney or other
representative; and
``(4) a written decision and specific reasons therefor at
the earliest practicable date.
``(d) An agency may provide, by regulation, for a hearing which may
be in lieu of or in addition to the opportunity to answer provided
under subsection (c)(2).
``(e) An employee against whom an action is taken under this
section is entitled to appeal to the Merit Systems Protection Board
under section 7701.
``(f) Copies of the notice of proposed action, the answer of the
employee when written, and a summary thereof when made orally, the
notice of decision and reasons therefor, and any order effecting an
action covered by this subchapter, together with any supporting
material, shall be maintained by the agency and shall be furnished to
the Merit Systems Protection Board upon its request and to the employee
affected upon the employee's request.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of title 5, United States Code, is amended by adding after
the item relating to section 7543 the following:
``subchapter vi--investigative leave for senior executive service
employees
``7551. Definitions.
``7552. Actions covered.
``7553. Cause and procedure.''.
SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES.
Section 7543 of title 5, United States Code, is amended--
(1) in subsection (a), by inserting ``misappropriation of
funds,'' after ``malfeasance,''; and
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) at least 30 days' advance written notice, stating
specific reasons for the proposed action, unless--
``(A) there is reasonable cause to believe that the
employee has committed a crime for which a sentence of
imprisonment can be imposed; or
``(B) the agency determines that the employee's
conduct with respect to which an action covered by this
subchapter is proposed is serious or flagrant as
prescribed in regulation by the Office of Personnel
Management;''.
SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS.
(a) Reinstatement in the Senior Executive Service.--Section 3593 of
title 5, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``misappropriation
of funds,'' after ``malfeasance,''; and
(2) in subsection (b), by striking ``or malfeasance'' and
inserting ``malfeasance, or misappropriation of funds''.
(b) Placement in Other Personnel Systems.--Section 3594(a) of title
5, United States Code, is amended by striking ``or malfeasance'' and
inserting ``malfeasance, or misappropriation of funds''.
Passed the House of Representatives December 19, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Government Employee Accountability Act - Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days.
Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be serious or flagrant.
Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days.
Entitles an employee, before being placed on investigative leave, to: (1) at least 30-days' advance written notice, stating specific reasons for the proposed action, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed or unless the agency head determines that the employee's conduct is serious or flagrant; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision with specific reasons at the earliest practicable date.
Entitles an employee who is placed on administrative leave to appeal to the Merit Systems Protection Board (MSPB).
Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for investigative leave requirements with respect to Senior Executive Service employees, and for other purposes."} | 1,647 | 476 | 0.623368 | 2.042647 | 0.954932 | 5.320665 | 3.460808 | 0.926366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Partnership Act of
2003''.
SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS
AUTHORIZED.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
is amended--
(1) by redesignating section 407E as section 406E; and
(2) by inserting after chapter 3 (20 U.S.C. 1070a-31 et
seq.) the following new chapter:
``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY
``SEC. 407A. PURPOSE.
``It is the purpose of this chapter to enhance opportunities of
students at community or technical colleges to transfer to 4-year
institutions and complete bachelor's degrees.
``SEC. 407B. ACTIVITIES.
``(a) Grants Authorized.--From the amounts appropriated under
section 407D, the Secretary shall award grants to an eligible
partnership that includes--
``(1) 1 or more community or technical colleges that award
associate's degrees; and
``(2) 1 or more institutions of higher education that offer
a baccalaureate or postbaccalaureate degree not awarded by the
institutions described in paragraph (1) with which it is
partnered.
``(b) Use of Funds.--Grants awarded under this part shall be used
for--
``(1) the development of policies to expand opportunities
for community or technical college students to earn bachelor's
degrees, including promoting the transfer of academic credits
between institutions and expanding articulation and guaranteed
transfer agreements;
``(2) support services to students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service that facilitates the
transition of students from the community or technical college
to the partner institution;
``(3) need-based scholarships to transfer students for
their 3d and 4th years of undergraduate education;
``(4) academic program enhancements at the community or
technical college that result in increasing the quality of the
program offered and the number of student participants in the
dual degree program offered in conjunction with a baccalaureate
degree granting institution; and
``(5) programs to identify barriers that inhibit student
transfers.
``(c) Applications.--Any institution, or a consortia or system of
higher education, that desires to obtain a grant under this section
shall submit to the Secretary an application at such time, in such
manner, and containing such information or assurances as the Secretary
may require.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this section.
``SEC. 407C. SCHOLARSHIPS.
``(a) Amounts.--Scholarships awarded under this chapter shall, to
the extent possible from the funds available, provide the additional
amount of tuition and fees charged the participating student by the
partner institution in excess of the amount of tuition and fees charged
the student by the community or technical college.
``(b) Effect on Other Aid.--Scholarships awarded under this chapter
shall not be considered for the purposes of awarding Federal Pell
Grants under subpart 1 of part A of title IV, except that in no case
shall the total amount of student financial assistance awarded to a
student under this chapter and title IV exceed the student's cost of
attendance, as defined in section 472.
``SEC. 407D. DEFINITION.
``For the purpose of this part, the term `community or technical
college' means an institution of higher education--
``(1) that admits as regular students persons who are
beyond the age of compulsory school attendance in the State in
which the institution is located and who have the ability to
benefit from the training offered by the institution;
``(2) that predominately does not provide an educational
program for which it awards a bachelor's degree (or an
equivalent degree);
``(3) that--
``(A) provides an educational program of not less
than 2 years that is acceptable for full credit toward
such a degree; or
``(B) offers a 2-year program in engineering,
mathematics, or the physical or biological sciences,
designed to prepare a student to work as a technician
or at the semiprofessional level in engineering,
scientific, or other technological fields requiring the
understanding and application of basic engineering,
scientific, or mathematical principles of knowledge;
and
``(4) that is accredited by a regional accrediting agency
or association recognized by the Secretary under section 496.
``SEC. 407E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $70,000,000 to carry out
this chapter for fiscal year 2004 and such sums as may be necessary for
each of the 3 succeeding fiscal years.''. | Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees.Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) need-based scholarships to transfer students for their third and fourth years of undergraduate education; (4) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (5) programs to identify barriers that inhibit student transfers. | {"src": "billsum_train", "title": "To encourage partnerships between community colleges and four-year colleges and universities."} | 1,082 | 262 | 0.724481 | 2.019978 | 0.9564 | 6.042735 | 4.175214 | 0.940171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Consumer Protection Act
of 1997''.
SEC. 2. FEES FOR ON-TIME PAYMENTS PROHIBITED.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting the following new subsection after subsection (h) (as
added by section 2 of this Act):
``(i) Fees for On-Time Payments Prohibited.--
``(1) In general.--In the case of any credit card account
under an open-end consumer credit plan, no minimum finance
charge for any period (including any annual period), and no fee
in lieu of a minimum finance charge, may be imposed with regard
to such account or credit extended under such account solely on
the basis that any credit extended has been repaid in full
before the end of any grace period applicable with respect to
the extension of credit.
``(2) Scope of application.--Paragraph (1) shall not be
construed as--
``(A) prohibiting the imposition of any flat annual
fee which may be imposed on the consumer in advance of
any annual period to cover the cost of maintaining a
credit card account during such annual period without
regard to whether any credit is actually extended under
such account during such period; or
``(B) otherwise affecting the imposition of the
actual finance charge applicable with respect to any
credit extended under such account during such annual
period at the annual percentage rate disclosed to the
consumer in accordance with this title for the period
of time any such credit is outstanding.''.
SEC. 3. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting the following new subsection after subsection (i) (as
added by section 3 of this Act):
``(j) Freeze on Interest Rate Terms and Fees on Canceled Cards.--
``(1) Advance notice of increase in interest rate
required.--In the case of any credit card account under an
open-end consumer credit plan, no increase in any annual
percentage rate of interest (other than an increase due solely
to a change in another rate of interest to which such rate is
indexed) applicable to any outstanding balance of credit under
such plan may take effect before the beginning of the billing
cycle which begins not less than 15 days after the
accountholder receives notice of such increase.
``(2) Increase not effective for canceled accounts.--If an
accountholder referred to in paragraph (1) cancels the credit
card account before the beginning of the billing cycle referred
to in such paragraph and surrenders all unexpired credit cards
issued in connection with such account--
``(A) an annual percentage rate of interest
applicable after the cancellation with respect to the
outstanding balance on such account as of the date of
cancellation may not exceed any annual percentage rate
of interest applicable with respect to such balance
under the terms and conditions in effect before the
increase referred to in paragraph (1); and
``(B) the repayment of such outstanding balance
after the cancellation shall be subject to all other
terms and conditions applicable with respect to such
account before the increase referred to in such
paragraph.
``(3) Notice of right to cancel.--The notice referred to in
paragraph (1) with respect to an increase in annual percentage
rate of interest shall contain a brief description of the right
of the consumer--
``(A) to cancel the account before the effective
date of the increase; and
``(B) after such cancellation, to pay any balance
outstanding on such account at the time of cancellation
in accordance with the terms and conditions in effect
before the cancellation.''.
SEC. 4. DISCLOSURE OF FEES AND INTEREST RATES ON CREDIT ADVANCES
THROUGH THE USE OF 3D PARTY CHECKS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting the following new subsection after subsection (k) (as
added by section 5 of this Act):
``(l) Fees and Interest Rates on Credit Advances Through the Use of
3d Party Checks.--
``(1) In general.--In the case of any credit card account
under an open-end consumer credit plan, a creditor may not
provide the accountholder with any negotiable or transferable
instrument for use in making an extension of credit to the
accountholder for the purpose of making a transfer to a 3d
party, unless the creditor has fully satisfied the notice
requirements of paragraph (2) with respect to such instrument.
``(2) Notice requirements.--A creditor meets the notice
requirements of this paragraph with respect to an instrument
referred to in paragraph (1) if the creditor provides, to an
accountholder at the same time any such instrument is provided,
a notice which prominently and specifically describes--
``(A) the amount of any transaction fee which may
be imposed for making an extension of credit through
the use of such instrument, including the exact
percentage rate to be used in determining such amount
if the amount of the transaction fee is expressed as a
percentage of the amount of the credit extended; and
``(B) any annual percentage rate of interest
applicable in determining the finance charge for any
such extension of credit.''.
SEC. 5. PROHIBITION ON OVER-THE-LIMIT FEES IN CREDITOR-APPROVED
TRANSACTIONS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting the following new subsection after subsection (l) (as
added by section 6 of this Act):
``(m) Limitation on Imposition of Over-the-Limit Fees.--In the case
of any credit card account under an open-end consumer credit plan, a
creditor may not impose any fee on the accountholder for any extension
of credit in excess of the amount of credit authorized to be extended
with respect to such account if the extension of credit is made in
connection with a credit transaction which the creditor approves in
advance or at the time of the transaction.''.
SEC. 6. PROHIBITION ON 2-CYCLE BILLING.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting the following new subsection after subsection (m) (as
added by section 7 of this Act):
``(n) Prohibition on 2-Cycle Billing.--In the case of any credit
card account under an open-end consumer credit plan, if the creditor
provides, with regard to any new extension of credit under such
account, a period during which such extension of credit may be repaid
without incurring a finance charge for such extension of credit, no
finance charge may subsequently be imposed for such period with regard
to any unpaid balance (as of the end of such period) of such extension
of credit.''.
SEC. 7. DISCLOSURES RELATED TO ``TEASER RATES''.
Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Additional notice concerning `teaser rates'.--
``(A) In general.--If any application or
solicitation for a credit card for which a disclosure
is required under this subsection offers, for an
introductory period of less than 1 year, an annual
percentage rate of interest which--
``(i) is less than the annual percentage
rate of interest which will apply after the end
of such introductory period; or
``(ii) in the case of an annual percentage
rate which varies in accordance with an index,
which is less than the current annual
percentage rate under the index which will
apply after the end of such period,
the application or solicitation shall contain the
disclosure contained in subparagraph (B) or (C), as the
case may be.
``(B) Fixed annual percentage rate.--If the annual
percentage rate which will apply after the end of the
introductory period will be a fixed rate, the
application or solicitation shall include the following
disclosure: ``The annual percentage rate of interest
applicable during the introductory period is not the
annual percentage rate which will apply after the end
of the introductory period. The permanent annual
percentage rate will apply after (insert date) and will
be (insert percentage rate).''.
``(C) Variable annual percentage rate.--If the
annual percentage rate which will apply after the end
of the introductory period will vary in accordance with
an index, the application or solicitation shall include
the following disclosure: ``The annual percentage rate
of interest applicable during the introductory period
is not the annual percentage rate which will apply
after the end of the introductory period. The permanent
annual percentage rate will be determined by an index
and will apply after (insert date). If the index which
will apply after such date were applied to your account
today, the annual percentage rate would be (insert
percentage rate).''.
``(D) Form of disclosure.--The disclosure required
under this paragraph shall be made in a clear and
conspicuous manner in a form at least as prominent as
the disclosure of the annual percentage rate of
interest which will apply during the introductory
period.''. | Credit Card Consumer Protection Act of 1997 - Amends the Truth in Lending Act to: (1) prohibit fee assessment against a credit card account under an open-end consumer credit plan solely on the basis of on-time payments; (2) require advance notice of any interest rate increase for a credit card account, and of the consumer's right to cancel such account before the effective date of that increase; and (3) prohibit post-cancellation increases in interest rates and fees on the outstanding balance of any canceled cards.
Mandates disclosure to a credit card account holder of the fees and interest rates imposed upon credit advances through the use of third party checks.
Proscribes over-the-limit fees in creditor-approved transactions, and two-cycle billing.
Prescribes additional notice requirements governing introductory rates to identify the fixed and variable interest rate which will apply following the introductory period. | {"src": "billsum_train", "title": "Credit Card Consumer Protection Act of 1997"} | 2,111 | 189 | 0.610963 | 1.744277 | 0.888672 | 3.177143 | 11.091429 | 0.891429 |
SECTION 1. SUSPENSION OF HIGHWAY FUELS TAXES.
(a) Suspension of Highway Fuel Taxes on Gasoline, Diesel Fuel, and
Kerosene.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Suspension of Taxes on Gasoline, Diesel Fuel, and Kerosene.--
``(1) In general.--During the suspension period, each rate
of tax referred to in paragraph (2) shall be reduced to zero
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clauses (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene),
determined after application of subsection (a)(2)(B)
and without regard to subsection (a)(2)(C), and
``(B) paragraph (1) of section 4041(a) (relating to
diesel fuel and kerosene) with respect to fuel sold for
use or used in a diesel-powered highway vehicle.
``(3) Suspension period.--For purposes of this subsection,
the term `suspension period' means the 90-day period beginning
on the day after the date of the enactment of this subsection.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund under
section 9503 and to the Leaking Underground Storage Tank Trust
Fund under section 9508, an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall be
treated as taxes received in the Treasury under this section or
section 4041.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Floor Stock Refunds.--
(1) In general.--If--
(A) before the tax suspension date, tax has been
imposed under section 4081 of the Internal Revenue Code
of 1986 on any highway motor fuel, and
(B) on such date such fuel is held by a dealer and
has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the tax which would be imposed on
such fuel had the taxable event occurred on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the tax suspension date based on a request submitted to
the taxpayer before the date which is 3 months after
the tax suspension date by the dealer who held the
highway motor fuel on such date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any highway motor fuel in retail stocks held at the place where
intended to be sold at retail.
(4) Definitions.--For purposes of this subsection--
(A) Tax suspension date.--The term ``tax suspension
date'' means the first day of the suspension period in
effect under section 4081(f) of the Internal Revenue
Code of 1986 (as added by subsection (a) of this
section).
(B) Highway motor fuel.--The term ``highway motor
fuel'' has the meaning given such term for purposes of
subsection (c).
(C) Other terms.--The terms ``dealer'' and ``held
by a dealer'' have the respective meanings given to
such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any highway motor
fuel which is held on the tax restoration date by any person,
there is hereby imposed a floor stocks tax equal to the excess
of the tax which would be imposed on such fuel had the taxable
event occurred on such date over the tax (if any) previously
paid (and not credited or refunded) on such fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--The person holding highway
motor fuel on the tax restoration date to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before the 45th day after the
tax restoration date.
(3) Definitions.--For purposes of this subsection--
(A) Tax restoration date.--The term ``tax
restoration date'' means the first day after the
suspension period (as defined in section 4081(f) of the
Internal Revenue Code of 1986).
(B) Highway motor fuel.--The term ``highway motor
fuel'' means any liquid on which tax would have been
imposed under section 4081 of the Internal Revenue Code
of 1986 during the suspension period in effect under
section 4081(f) of such Code but for the amendments
made by subsection (a).
(C) Held by a person.--A highway motor fuel shall
be considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any highway motor fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable for such use.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any highway motor fuel held on the tax
restoration date by any person if the aggregate amount
of such highway motor fuel held by such person on such
date does not exceed 2,000 gallons. The preceding
sentence shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any highway motor
fuel held by any person which is exempt from the tax
imposed by paragraph (1) by reason of paragraph (4).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(6) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such section.
SEC. 2. OIL AND GAS LEASING PROGRAM.
(a) Definitions.--In this section:
(1) Coastal plain.--The term ``Coastal Plain'' means the
area identified as the Coastal Plain on the map prepared by the
United States Geological Survey, entitled ``Arctic National
Wildlife Refuge 1002 Coastal Plain Area'', dated September
2005, and on file with the United States Geological Survey.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(b) Program.--
(1) In general.--Congress--
(A) authorizes the leasing, development,
production, and transportation of oil and gas in and
from the Coastal Plain; and
(B) directs the Secretary to take such actions as
are necessary to--
(i) establish and implement an
environmentally sound competitive oil and gas
leasing program to carry out the activities
authorized under subparagraph (A); and
(ii) conduct 2 lease sales before October
1, 2010.
(2) Administration.--The Secretary shall administer this
section through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, and other provisions
that ensure the oil and gas exploration, development,
production, and transportation activities on the Coastal Plain
are carried out in a manner that will ensure the receipt of
fair market value by the public for the mineral resources to be
leased.
(c) 2 Lease Sales Before Fiscal Year 2011.--
(1) In general.--In order to enable the Secretary to hold 2
lease sales before October 1, 2010, this subsection shall apply
with respect to the oil and gas leasing program established by
the Secretary pursuant to this section.
(2) Purposes.--For purposes of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and
amendments made by that Act, the oil and gas leasing program
and activities authorized by this section in the Coastal Plain
are deemed to be compatible with the purposes for which the
Arctic National Wildlife Refuge was established, and no further
findings or decisions are required to implement this
determination of compatibility.
(3) Prelease activities.--The Final Legislative
Environmental Impact Statement on the Coastal Plain dated April
1987 and prepared pursuant to section 1002 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3142) and
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) that apply with respect to
prelease activities, including actions authorized to be taken
by the Secretary to develop and promulgate regulations for the
establishment of the leasing program authorized by this section
before the conduct of the first lease sale.
(4) Preferred action.--
(A) Nonleasing alternatives.--With respect to any
environmental impact statement prepared by the
Secretary under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
lease sale conducted under the leasing program
authorized by this section, the Secretary is not
required to identify nonleasing alternative courses of
action or to analyze the environmental effects of those
courses of action.
(B) Leasing alternatives.--The Secretary shall only
identify a preferred action for leasing and a single
leasing alternative, and analyze the environmental
effects and potential mitigation measures for the
preferred action and leasing alternative.
(C) Deadline.--The identification and related
analyses required by subparagraph (B) shall be
completed within 18 months after the date of enactment
of this Act.
(D) Public comments.--The Secretary shall only
consider public comments that are filed within 30 days
after publication of an environmental analysis.
(E) Compliance.--Compliance with this paragraph
satisfies all requirements of section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) for the analysis and consideration of the
environmental effects of proposed leasing under this
section.
(5) Expedited judicial review.--
(A) Venue; deadline.--Any complaint seeking
judicial review of this section or any action of the
Secretary under this section shall be filed in the
United States Court of Appeals for the District of
Columbia--
(i) within the 90-day period beginning on
the date of the action being challenged; or
(ii) in the case of a complaint based
solely on grounds arising after that period,
within 90 days after the complainant knew or
reasonably should have known of the grounds for
the complaint.
(B) Scope.--Judicial review of a decision of the
Secretary to conduct a lease sale under this section
(including the environmental analysis of the decision)
shall be--
(i) limited to whether the Secretary has
complied with this section; and
(ii) based on the administrative record of
that decision.
(d) Rights-of-Way.--For purposes of section 1102(4)(A) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)),
any rights-of-way or easements across the Coastal Plain for the
exploration, development, production, or transportation of oil and gas
shall be considered to be established incident to the management of the
Coastal Plain under this section.
(e) Maximum Surface Acreage.--In administering this section, the
Secretary shall ensure that the maximum quantity of surface acreage
covered by production and support facilities (including airstrips and
any area covered by gravel berms or piers for support of pipelines)
does not exceed 2,000 acres on the Coastal Plain. | Amends the Internal Revenue Code to suspend excise taxes on gasoline, diesel fuel, and kerosene for a 90-day period after the enactment of this Act (suspension period). Provides for the reimbursement of the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund for tax receipts lost during the suspension period.
Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to: (1) establish an oil and gas leasing program in the Coastal Plain, defined as the Arctic National Wildlife Refuge (ANWR) 102 Coastal Plain Area; and (2) conduct two lease sales before October 1, 2010. | {"src": "billsum_train", "title": "To suspend the Federal highway fuels taxes, to authorize the leasing, development, production, and transportation of oil and gas in and from the Coastal Plain of Alaska, and for other purposes."} | 3,113 | 142 | 0.478601 | 1.442894 | 0.684132 | 3.952 | 22.416 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Energy Supply and Resiliency
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Combined heat and power system.--The term ``combined
heat and power system'' means generation of electric energy and
heat in a single, integrated system that meets the efficiency
criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of
the Internal Revenue Code of 1986, under which heat that is
conventionally rejected is recovered and used to meet thermal
energy requirements.
(2) Demand response.--The term ``demand response'' means
changes in electric usage by electric utility customers from
the normal consumption patterns of the customers in response
to--
(A) changes in the price of electricity over time;
or
(B) incentive payments designed to induce lower
electricity use at times of high wholesale market
prices or when system reliability is jeopardized.
(3) Distributed energy.--The term ``distributed energy''
means energy sources and systems that--
(A) produce electric or thermal energy close to the
point of use using renewable energy resources or waste
thermal energy;
(B) generate electricity using a combined heat and
power system;
(C) distribute electricity in microgrids;
(D) store electric or thermal energy; or
(E) distribute thermal energy or transfer thermal
energy to building heating and cooling systems through
a district energy system.
(4) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from 1 or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(5) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(6) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(7) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage devices, within clearly defined electrical boundaries
that--
(A) acts as a single controllable entity with
respect to the grid; and
(B) can connect and disconnect from the grid to
operate in both grid-connected mode and island mode.
(8) Renewable energy source.--The term ``renewable energy
source'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and
thermal) energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(9) Renewable thermal energy.--The term ``renewable thermal
energy'' means heating or cooling energy derived from a
renewable energy resource.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or
steam that is used to provide space heating, domestic
hot water, or process heat; or
(B) cooling energy in the form of chilled water,
ice, or other media that is used to provide air
conditioning, or process cooling.
(12) Waste thermal energy.--The term ``waste thermal
energy'' means energy that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser
water, jacket cooling heat, or lubricating oil
in power generation systems;
(ii) exhaust heat, hot liquids, or flared
gas from any industrial process;
(iii) waste gas or industrial tail gas that
would otherwise be flared, incinerated, or
vented;
(iv) a pressure drop in any gas, excluding
any pressure drop to a condenser that
subsequently vents the resulting heat;
(v) condenser water from chilled water or
refrigeration plants; or
(vi) any other form of waste energy, as
determined by the Secretary; and
(B)(i) in the case of an existing facility, is not
being used; or
(ii) in the case of a new facility, is not
conventionally used in comparable systems.
SEC. 3. DISTRIBUTED ENERGY LOAN PROGRAM.
(a) Loan Program.--
(1) In general.--Subject to the provisions of this
subsection and subsections (b) and (c), the Secretary shall
establish a program to provide to eligible entities--
(A) loans for the deployment of distributed energy
systems in a specific project; and
(B) loans to provide funding for programs to
finance the deployment of multiple distributed energy
systems through a revolving loan fund, credit
enhancement program, or other financial assistance
program.
(2) Eligibility.--Entities eligible to receive a loan under
paragraph (1) include--
(A) a State, territory, or possession of the United
States;
(B) a State energy office;
(C) a tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b));
(D) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)); and
(E) an electric utility, including--
(i) a rural electric cooperative;
(ii) a municipally owned electric utility;
and
(iii) an investor-owned utility.
(3) Selection requirements.--In selecting eligible entities
to receive loans under this section, the Secretary shall, to
the maximum extent practicable, ensure--
(A) regional diversity among eligible entities to
receive loans under this section, including
participation by rural States and small States; and
(B) that specific projects selected for loans--
(i) expand on the existing technology
deployment program of the Department of Energy;
and
(ii) are designed to achieve 1 or more of
the objectives described in paragraph (4).
(4) Objectives.--Each deployment selected for a loan under
paragraph (1) shall include 1 or more of the following
objectives:
(A) Improved security and resiliency of energy
supply in the event of disruptions caused by extreme
weather events, grid equipment or software failure, or
terrorist acts.
(B) Implementation of distributed energy in order
to increase use of local renewable energy resources and
waste thermal energy sources.
(C) Enhanced feasibility of microgrids, demand
response, or islanding;
(D) Enhanced management of peak loads for consumers
and the grid.
(E) Enhanced reliability in rural areas, including
high energy cost rural areas.
(5) Restriction on use of funds.--Any eligible entity that
receives a loan under paragraph (1) may only use the loan to
fund programs relating to the deployment of distributed energy
systems.
(b) Loan Terms and Conditions.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, in providing a loan under this section, the
Secretary shall provide the loan on such terms and conditions
as the Secretary determines, after consultation with the
Secretary of the Treasury, in accordance with this section.
(2) Specific appropriation.--No loan shall be made unless
an appropriation for the full amount of the loan has been
specifically provided for that purpose.
(3) Repayment.--No loan shall be made unless the Secretary
determines that there is reasonable prospect of repayment of
the principal and interest by the borrower of the loan.
(4) Interest rate.--A loan provided under this section
shall bear interest at a fixed rate that is equal or
approximately equal, in the determination of the Secretary, to
the interest rate for Treasury securities of comparable
maturity.
(5) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(A) 20 years; or
(B) 90 percent of the projected useful life of the
physical asset to be financed by the loan (as
determined by the Secretary).
(6) Use of payments.--Payments of principal and interest on
the loan shall--
(A) be retained by the Secretary to support energy
research and development activities; and
(B) remain available until expended, subject to
such conditions as are contained in annual
appropriations Acts.
(7) No penalty on early repayment.--The Secretary may not
assess any penalty for early repayment of a loan provided under
this section.
(8) Return of unused portion.--In order to receive a loan
under this section, an eligible entity shall agree to return to
the general fund of the Treasury any portion of the loan amount
that is unused by the eligible entity within a reasonable
period of time after the date of the disbursement of the loan,
as determined by the Secretary.
(9) Comparable wage rates.--Each laborer and mechanic
employed by a contractor or subcontractor in performance of
construction work financed, in whole or in part, by the loan
shall be paid wages at rates not less than the rates prevailing
on similar construction in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code.
(c) Rules and Procedures; Disbursement of Loans.--
(1) Rules and procedures.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the loan program under
subsection (a).
(2) Disbursement of loans.--Not later than 1 year after the
date on which the rules and procedures under paragraph (1) are
established, the Secretary shall disburse the initial loans
provided under this section.
(d) Reports.--Not later than 2 years after the date of receipt of
the loan, and annually thereafter for the term of the loan, an eligible
entity that receives a loan under this section shall submit to the
Secretary a report describing the performance of each program and
activity carried out using the loan, including itemized loan
performance data.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 4. TECHNICAL ASSISTANCE AND GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a technical
assistance and grant program (referred to in this section as
the ``program'')--
(A) to disseminate information and provide
technical assistance directly to eligible entities so
the eligible entities can identify, evaluate, plan, and
design distributed energy systems; and
(B) to make grants to eligible entities so that the
eligible entities may contract to obtain technical
assistance to identify, evaluate, plan, and design
distributed energy systems.
(2) Technical assistance.--The technical assistance
described in paragraph (1) shall include assistance with 1 or
more of the following activities relating to distributed energy
systems:
(A) Identification of opportunities to use
distributed energy systems.
(B) Assessment of technical and economic
characteristics.
(C) Utility interconnection.
(D) Permitting and siting issues.
(E) Business planning and financial analysis.
(F) Engineering design.
(3) Information dissemination.--The information
disseminated under paragraph (1)(A) shall include--
(A) information relating to the topics described in
paragraph (2), including case studies of successful
examples;
(B) computer software and databases for assessment,
design, and operation and maintenance of distributed
energy systems; and
(C) public databases that track the operation and
deployment of existing and planned distributed energy
systems.
(b) Eligibility.--Any nonprofit or for-profit entity shall be
eligible to receive technical assistance and grants under the program.
(c) Applications.--
(1) In general.--An eligible entity desiring technical
assistance or grants under the program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Application process.--The Secretary shall seek
applications for technical assistance and grants under the
program--
(A) on a competitive basis; and
(B) on a periodic basis, but not less frequently
than once every 12 months.
(3) Priorities.--In selecting eligible entities for
technical assistance and grants under the program, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
(A) facilitating the use of renewable energy
resources;
(B) strengthening the reliability and resiliency of
energy infrastructure to the impact of extreme weather
events, power grid failures, and interruptions in
supply of fossil fuels;
(C) improving the feasibility of microgrids or
islanding, particularly in rural areas, including high
energy cost rural areas;
(D) minimizing environmental impact, including
regulated air pollutants and greenhouse gas emissions;
and
(E) maximizing local job creation.
(d) Grants.--On application by an eligible entity, the Secretary
may award grants to the eligible entity to provide funds to cover not
more than--
(1) 100 percent of the costs of the initial assessment to
identify opportunities;
(2) 75 percent of the cost of feasibility studies to assess
the potential for the implementation;
(3) 60 percent of the cost of guidance on overcoming
barriers to implementation, including financial, contracting,
siting, and permitting issues; and
(4) 45 percent of the cost of detailed engineering.
(e) Rules and Procedures.--
(1) Rules.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall adopt rules and
procedures for carrying out the program.
(2) Grants.--Not later than 120 days after the date of
issuance of the rules and procedures for the program, the
Secretary shall issue grants under this Act.
(f) Reports.--The Secretary shall submit to Congress and make
available to the public--
(1) not less frequently than once every 2 years, a report
describing the performance of the program under this section,
including a synthesis and analysis of the information provided
in the reports submitted to the Secretary under section 2(c);
and
(2) on termination of the program under this section, an
assessment of the success of, and education provided by, the
measures carried out by eligible entities during the term of
the program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for the period of
fiscal years 2016 through 2020, to remain available until expended. | Local Energy Supply and Resiliency Act of 2015 This bill requires the Department of Energy (DOE) to establish certain programs to support distributed energy systems, which are energy sources and systems that: (1) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy, (2) generate electricity using a combined heat and power system, (3) distribute electricity in microgrids, (4) store electric or thermal energy, or (5) distribute or transfer thermal energy to building heating and cooling systems through a district energy system. DOE must establish: (1) a loan program to provide funding for deploying distributed energy systems to states and other government entities, institutions of higher education, and electric utilities; and (2) a technical assistance and grant program to disseminate information and provide technical assistance to nonprofit and profit entities for identifying, evaluating, planning, and designing distributed energy systems. | {"src": "billsum_train", "title": "Local Energy Supply and Resiliency Act of 2015"} | 3,222 | 185 | 0.602931 | 1.643729 | 0.697934 | 3.544444 | 16.911111 | 0.922222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Transition Act of 2006''.
SEC. 2. FINDINGS; DECLARATIONS OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The people of Iraq have made significant progress in
establishing the framework for a democratic government.
(2) In an October 2005 referendum, the Iraqi people voted
to approve Iraq's Constitution, setting up an Islamic federal
democracy while strengthening the rights of women and
minorities in that country.
(3) On December 15, 2005, Iraqis voted in the first multi-
party elections in that country in 50 years.
(4) The Iraqi parliament that emerged from the December
2005 elections includes representation across a broad cross
section of the population and has established affirmative
measures to include women and ethnic minorities in positions of
authority.
(5) The Iraqi constitutional framework has allowed the
election of President Jalal Talabani and Prime Minister Nouri
Kamal al-Maliki to form Iraq's first democratically-elected
government in its history.
(6) The Government of the United States has expended,
through the Iraq Relief and Reconstruction Fund (IRRF),
approximately 67 percent of the $20,912,000,000 in various
reconstruction efforts in Iraq.
(7) In an effort to allow Iraqis to take over security
operations, approximately 265,000 Iraqi Security Forces (ISF)
have been trained, nearing the total force goal of 325,000 by
August 2007.
(8) However, despite the emergence of a democratically-
elected Iraqi Government, most civilian functions of that
government remain the responsibility of United States military
and Coalition military forces.
(b) Declarations of Policy.--Congress makes the following
declarations of policy:
(1) While the military excellence with which Operation
Iraqi Freedom has been executed is to be congratulated, it is
in the best interests of the United States and the nation of
Iraq that the proper functions of government be transferred to
Iraqi control as soon as is practicable.
(2) In order to have an orderly, deliberate, and
expeditious transition to Iraqi civilian control, the task of
doing so must be vested in a national commission which is
specifically empowered and authorized to monitor and assess
that transition and oversee that such transition is carried
out.
(3) Congress acknowledges that there is successful
precedent for such a commission in comparable circumstances. At
the close of World War II, a national commission, composed of
three United States Senators, three Members of the House of
Representatives, and three Presidential appointees were
appointed and directed to oversee the transition of the
Philippines from United States military to local, civilian
control.
(4) It is again the desire of Congress, as set forth in
this Act, to establish a national commission to undertake the
responsibility of overseeing the development of a plan and its
implementation to transition Iraq from United States military
control to Iraqi civilian control in an orderly, deliberate,
and expeditious manner.
(5) Congress anticipates and expects that the United States
military will work in concert with and be an integral part of
the national commission.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish a national commission to
develop plans for the orderly and expeditious transfer of power for
Iraqi Government operations from United States military forces to the
newly-elected Government of Iraq. The national commission shall seek
the goals of empowering the newly-elected Government of Iraq and
reducing reliance on United States military forces, while enabling the
safe, prompt, and orderly return of such military forces to the United
States, and further--
(1) to facilitate a dialogue between members of the
commission, Iraqi leaders, and coalition and international
partners in furtherance of the purpose of this Act;
(2) to report such findings, conclusions, and
recommendations as are consistent with the purpose of this Act;
and
(3) to provide guidance and support for the expeditious
assumption of governmental responsibility by the newly-elected
and appointed Iraqi government officials as is consistent with
congressional oversight responsibilities regarding the proper
use of United States reconstruction assistance for Iraq.
SEC. 4. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Iraqi Transition'' (in this Act referred to as the ``Commission'').
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 21
members, as follows:
(A) Seven members appointed by the President, of
whom one shall be the Secretary of State (or the
Secretary's designee), one shall be the Secretary of
Defense (or the Secretary's designee), and one shall be
the Secretary of Commerce.
(B) Seven members appointed by the Speaker of the
House of Representatives and the minority leader of the
House of Representatives, of whom four shall be Members
of the House of Representatives from the majority party
and three shall be Members of the House of
Representatives from the minority party.
(C) Seven members appointed by the majority leader
of the Senate and the minority leader of the Senate, of
whom four shall be Members of the Senate from the
majority party and three shall be Members of the Senate
from the minority party.
(2) Deadline.--Members of the Commission shall be appointed
not later than 60 days after the date of the enactment of this
Act.
(b) Qualifications.--It is the sense of Congress that individuals
appointed to the Commission shall be United States citizens, with
significant depth of experience relevant to the goals of the
Commission, including in the fields of public administration, finance,
and management.
(c) Meetings; Quorum; Majority; Vacancies.--
(1) Meetings.--Not later than 30 days after the date on
which all members of the Commission have been appointed
pursuant to subsection (a), the Commission shall hold its first
meeting. After its initial meeting, the Commission shall meet
upon the call of the Chairperson or a majority of its members.
(2) Quorum.--At least 11 members shall constitute a quorum
for the transaction of business provided a bipartisan
representation is present.
(3) Majority.--At least 11 Members shall constitute a
majority of the Commission.
(4) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members of the Commission
SEC. 6. DUTIES OF COMMISSION.
(a) Study and Report.--The Commission shall study and report upon
all issues relating to the orderly and expeditious transfer of power
for Iraqi Government operations from United States military forces to
the newly-elected Government of Iraq, particularly to the Prime
Minister of Iraq, the President of Iraq, and the Iraqi Council of
Representatives, including day-to-day operations of Iraqi ministries
and departments, as have been established by the Iraqi Constitution and
laws, including the Ministries of Agriculture, Capital Markets
Institutions, Communications, Commission on Public Integrity, Culture,
Defense, Displacement and Migration, Education, Electricity,
Environment, Finance, Foreign Affairs, Health, Higher Educations,
Housing and Construction, Humane Rights, Industry and Minerals,
Interior, Property Claims Commission, Justice, Labor and Social
Affairs, Municipalities and Public Works, Oil, Planning and
Development, Private Sector Development, Science and Technology, Trade,
Transportation, Water Resources, and Youth and Sports.
(b) Promotion of Accountability and Other Goals.--In carrying out
subsection (a), the Commission shall seek to promote the government-
wide management goals of accountability, effective management,
efficiency and economy of operations, ethical conduct, and the merit-
based recruitment and compensation of a professional civil service for
the Iraqi Government.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings; Subpoena Power.--
(1) In general.--The Commission or, on the authority of the
Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission
considers appropriate; and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and other documents, as the
Commission, or such designated subcommittee or
designated member thereof, is empowered to investigate
under this Act.
(2) Service of subpoenas.--A subpoena issued pursuant to
paragraph (1)(B) may be issued under the signature of the
Chairperson of the Commission, the chairperson of any
designated subcommittee thereof, or any designated member
thereof, and may be served by any person designated by such
Chairperson, subcommittee chairperson, or member. The
provisions of sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192-194) shall apply in the case
of any failure of any witness to comply with any subpoena or to
testify when summoned under authority of this section.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--The Commission is
authorized to secure directly from any executive department, bureau,
agency, board, commission, office, independent establishment, or
instrumentality of the Government information, suggestions, estimates,
and statistics for the purposes of this Act. Each such department,
bureau, agency, board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics directly to the
Commission, upon request made by the Chairperson of the Commission.
(d) Assistance From Federal Agencies.--
(1) Department of state.--The Secretary of State is
authorized on a reimbursable or nonreimbursable basis to
provide the Commission with administrative services, funds,
facilities, staff, and other support services for the
performance of the Commission's duties under this Act.
(2) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis such administrative support services as the
Commission may request.
(3) Other departments and agencies.--In addition to the
assistance set forth in paragraphs (1) and (2), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as such departments and agencies may deem
advisable and as may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as department
and agencies of the United States.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--The Chairperson of the Commission, in accordance
with rules agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as may be
necessary to enable the Commission to carry out its duties under this
Act, without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement for the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--
(1) Rates of pay.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(2) Prohibition on compensation of federal employees.--
Members of the Commission who are officers or employees of the
United States or Members of Congress may not receive additional
pay on account of their service on the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 11. REPORTS OF COMMISSION; CONGRESSIONAL RESPONSE; TERMINATION.
(a) Initial Report.--Not later than 90 days after the date of its
initial meeting, the Commission shall submit to the President and
Congress a report that contains--
(1) an assessment of any and all progress in the transfer
of governmental authority to the newly elected Iraqi
Government; and
(2) such findings, conclusions, and recommendations,
approved by a majority of its members, as the Commission shall
determine to be consistent with the purpose of this Act.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations as have been agreed to by a majority of Commission
members.
(c) Final Report.--By vote of a majority of its members, the
Commission shall submit to the President and Congress a determination
in its final report that all or substantially all of the governing
authority has been transferred to the Iraqi Government.
(d) Congressional Response.--
(1) Hearings.--At any time following the receipt of the
initial report, interim reports, or final report of the
Commission under this section, the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate may initiate hearings to
consider the findings and recommendations of the report.
(2) Legislation.--At any time following the receipt of the
initial report, interim reports, or final report of the
Commission under this section, Congress may give such findings,
conclusions, or recommendations legislative effect as it deems
appropriate.
(e) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate no later than 90 days after the date
on which the final report is submitted under subsection (c).
(2) Administrative activities before termination.--The
Commission may use the 90-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available, without fiscal year limitation, until expended. | Iraq Transition Act of 2006 - Establishes the Commission on Iraqi Transition, which shall report upon all issues relating to the transfer of power for Iraqi government operations from U.S. military forces to the newly-elected government of Iraq, particularly to the Prime Minister of Iraq, the President of Iraq, and the Iraqi Council of Representatives, including day-to-day operations of Iraqi ministries and departments. | {"src": "billsum_train", "title": "To establish the Commission on Iraqi Transition."} | 3,544 | 88 | 0.523839 | 1.395011 | 0.645865 | 7.8 | 43.826667 | 0.973333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Mitigation Investment
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mitigation planning is the foundation for saving lives,
protecting residential and commercial properties, and
developing disaster resistant communities;
(2) recent studies of the performance of building
structures during disasters have demonstrated that the adoption
and active enforcement of State building codes have greatly
reduced residential and commercial property damage and personal
injury resulting from major disasters;
(3) modern building codes govern all aspects of
construction and are designed to ensure that single-family
residential dwellings and commercial structures are protected
from natural disasters;
(4) the people of the United States rely on active
enforcement of modern building codes for assurance that minimum
standards for reducing personal injuries and property damages
have been met in the buildings they live in, work in, and visit
every day;
(5) active enforcement of building codes plays an
increasingly important role in public safety and loss
prevention of residential and commercial property;
(6) active enforcement of building codes based on
nationally recognized models reduces the need for public
disaster aid, creates sustainable communities, promotes a level
and consistent playing field for design professionals,
suppliers, and builders, and can contribute to the durability
of residential and commercial structures;
(7) under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal
Emergency Management Agency provides Federal assistance to
States for mitigation efforts;
(8) it is beneficial and appropriate to expand Federal
mitigation assistance to encourage States to take a
comprehensive and integrated approach to disaster loss
reduction; and
(9) it is beneficial to the Federal Government and
appropriate that Federal mitigation assistance be used to
encourage the adoption and active enforcement of State building
codes as a disaster mitigation strategy under the auspices of a
comprehensive disaster loss reduction plan.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) substantially mitigate the occurrence of loss to
residential and commercial property, reduce and minimize damage
when losses to residential and commercial property occur,
improve the quality and value of residential and commercial
property, and reduce the need for public disaster aid;
(2) provide incentives for the adoption and active
enforcement of State building codes;
(3) encourage States to continue their key responsibility
to coordinate all State and local activities relating to hazard
evaluation and mitigation, as specified in section 201.3(c) of
title 44, Code of Federal Regulations, through the adoption and
active enforcement of State building codes; and
(4) encourage States to require that local governments use
a current version of a nationally applicable model building
code that address natural hazards as a basis for design and
construction of State-sponsored mitigation projects described
in section 201.5(b)(4)(iv) of title 44, Code of Federal
Regulations.
SEC. 4. ENHANCED MITIGATION ASSISTANCE.
(a) Additional Mitigation Assistance.--Section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c)
is amended by adding at the end the following:
``(f) Additional Mitigation Assistance.--
``(1) In general.--If, at the time of a declaration of a
major disaster, the affected State has in effect and is
actively enforcing throughout the State an approved State
building code, the President may increase the maximum total of
contributions under this section for the major disaster, as
specified in subsection (a) and section 322(e), by an amount
equal to 4 percent of the estimated aggregate amount of grants
to be made (less any associated administrative costs) under
this Act with respect to the major disaster.
``(2) Submission.--To be eligible for an increased Federal
share under paragraph (1), a State shall submit its State
building code to the President for approval.
``(3) Approval.--The President shall approve a State
building code submitted under paragraph (2) if the President
determines that the building code--
``(A) is consistent with the most recent version of
a nationally recognized model building code;
``(B) has been adopted by the State within 6 years
of the most recent version of the nationally recognized
model building code; and
``(C) uses the nationally recognized model building
code as a minimum standard.
``(4) Periodic updates.--The President, acting through the
Administrator, shall set appropriate standards, by regulation,
for the periodic update, resubmittal, and approval of a State
building code approved by the President in accordance with
paragraph (3) that are consistent with similar requirements
related to mitigation planning under section 322.
``(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue such regulations as may be necessary to carry out
this subsection.
``(6) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Actively enforcing.--The term `actively
enforcing' means effective jurisdictional execution of
all phases of a State building code in the process of
examination and approval of construction plans,
specifications, and technical data and the inspection
of new construction or renovation.
``(B) Nationally recognized model building code.--
The term `nationally recognized model building code'
means a building code for residential and commercial
construction and construction materials that--
``(i) has been developed and published by a
code organization in an open consensus type
forum with input from national experts; and
``(ii) is based on national structural
design standards that establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
and commercial buildings for the purpose of
protecting the health, safety, and general
welfare of the building's users against natural
disasters.
``(C) State building code.--The term `State
building code' means requirements and associated
standards for residential and commercial construction
and construction materials that are implemented on a
statewide basis by ordinance, resolution, law, housing
or building code, or zoning ordinance. At a minimum,
such requirements and associated standards shall
apply--
``(i) to construction-related activities of
residential building contractors applicable to
single-family and 2-family residential
structures; and
``(ii) to construction-related activities
of engineers, architects, designers, and
commercial building contractors applicable to
the structural safety, design, and construction
of commercial, industrial, and multifamily
structures.
``(g) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a flood,
including--
``(1) adaptation of existing infrastructures, including
enhancements to both built and natural environments based on
future flood probabilities;
``(2) maintenance of existing surge protection
infrastructure;
``(3) waterfront resilience, including creation of
bulkheads, dune enhancement, beach re-nourishment, living
seawalls and seashores and levees;
``(4) voluntary acquisition of repeatedly flooded
properties;
``(5) flood water diversion, removal, treatment, and
storage infrastructure projects;
``(6) flood water distribution along street infrastructure
systems, including canal streets, absorbent streets, floodable
parks, and underground cisterns; and
``(7) enhanced infrastructure for increasing resilience of
the freshwater supply to salt water intrusion.''.
(b) Predisaster Hazard Mitigation.--
(1) Uses of technical and financial assistance.--Section
203(e)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and operate a building
department and carry out enforcement activities
to implement a State building code approved
under section 404(f).''.
(2) Criteria for assistance awards.--Section 203(g) of such
Act (42 U.S.C. 5133(g)) is amended--
(A) by striking ``and'' at the end of paragraph
(9);
(B) by redesignating paragraph (10) as paragraph
(11); and
(C) by inserting after paragraph (9) the following:
``(10) the extent to which the State or local government is
carrying out activities to implement a State building code
approved under section 404(f); and''.
SEC. 5. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall commence, through the National Advisory
Council, a comprehensive study related to disaster costs and losses
(referred to in the subsection as the ``Study'').
(b) Additional Membership.--For the purposes of the study, as soon
as practicable after the date of enactment of this section, the
Administrator shall appoint additional qualified members to the
National Advisory Council from the following:
(1) Individuals that have the requisite technical knowledge
and expertise on issues related to disaster costs and losses.
(2) Representatives of the insurance industry.
(3) Experts in and representatives of the construction and
building industry.
(4) Individuals nominated by national organizations
representing local governments and personnel.
(5) Academic experts.
(6) Vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for emergency
management services.
(7) Representatives of such other stakeholders and
interested and affected parties as the Administrator considers
appropriate.
(c) Consultation With Nonmembers.--The National Advisory Council
shall consult with other relevant agencies and groups that are not
represented on the National Advisory Council to consider research,
data, findings, recommendations, innovative technologies and
developments, including--
(1) entities engaged in federally funded research; and
(2) academic institutions engaged in relevant work and
research.
(d) Recommendations.--Not later than 120 days after the date of
enactment of this Act, the National Advisory Council shall convene to
evaluate the following topics and develop recommendations for reducing
disaster costs and losses:
(1) Disaster losses.--
(A) Cost trends.--Trends in disaster costs
including loss of life and injury, property damage to
individuals, the private sector, and each level of
government (State, local and tribal) since the
enactment of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), to
the extent data is available.
(B) Contributing factors.--Contributing factors
such as shifting demographics and aging infrastructure
and their impacts on the trends in disaster losses and
costs.
(2) Disaster costs.--
(A) Trends in declarations.--Trends in disaster
declarations, including factors contributing to the
trends.
(B) Disaster assistance.--Disaster assistance
available from all Federal sources, including
descriptions of programs, eligibility and authorities,
where assistance has been used geographically, how
quickly the funds are used, how that assistance is
coordinated among the various agencies and departments,
and recommendations for ways to improve the
effectiveness and efficiency of the delivery of such
assistance.
(C) Costs.--Disaster costs borne by the private
sector and individuals.
(3) Disaster roles and responsibility.--Fundamental
principles that should drive national disaster assistance
decisionmaking, including the appropriate roles for each level
of government, the private sector and individuals.
(4) Reduction of costs and losses.--
(A) Mechanisms and incentives.--Mechanisms and
incentives, including tax incentives, to promote
disaster cost reduction, mitigation, and recovery,
including cost data, projections for the return on
investment, and measures of effectiveness.
(B) Identification of challenges.--Identify
fundamental legal, societal, geographic and
technological challenges to implementation.
(5) Legislative proposals.--Legislative proposals for
implementing the recommendations in the report compiled
pursuant to the requirement in section 1111 of the Sandy
Recovery Improvement Act of 2013 (Public Law 113-2).
(e) Report to Administrator and Congress.--
(1) Not later than 1 year after the date of enactment of
this section, the National Advisory Council shall submit a
report containing the data, analysis, and recommendations
developed under subsection (d) to--
(A) the Administrator of the Federal Emergency
Management Agency;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Data availability.--The Administrator shall make the
data collected pursuant to this section publically available on
the Agency's website.
SEC. 6. ENHANCED MITIGATION INCENTIVES PILOT PROGRAM.
(a) Use of Building Codes.--The Administrator of the Federal
Emergency Management Agency shall establish and conduct a pilot program
to award grants to State, local, and tribal governments to aid and
encourage the adoption and active enforcement of nationally recognized
model building codes, State building codes, and related mitigation
measures.
(b) Goals.--The goals of the grant program are--
(1) reducing disaster response and recovery costs to
Federal, State, local, and tribal governments by--
(A) increasing the resilience of buildings; and
(B) reducing the amount of damage and loss that
occurs due to disasters and chronic flooding;
(2) incentivizing communities and individuals to adopt
smart development and mitigation measures in advance of
disasters.
(c) Minimum Requirements.--The Administrator shall--
(1) not later than 180 days after the date of enactment of
this Act, provide grant awards annually thereafter;
(2) establish criteria for awarding grants on a competitive
basis based on the demonstrated need of the applicants and the
project's ability to accomplish the goals outline in subsection
(b); and
(3) require non-Federal matching funds in an amount equal
to not less than 25 percent of the total amount of the grant.
(d) Reports.--
(1) Annual reports.--During the period in which the pilot
program is conducted under this section, the Administrator
shall submit, annually, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate, a report on the grants provided, the projects
undertaken, and the outcomes expected.
(2) Final report.--Not later than 180 days after
termination of the pilot program, the Administrator shall
submit a final report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate. The final report shall include--
(A) a review and evaluation of the grant awards;
(B) recommendations on any permanent changes to the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act; and
(C) a progress evaluation in meeting the goals
described in subsection (b).
(e) Termination.--The authorities under this section shall
terminate on December 31, 2021. | National Mitigation Investment Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under such Act if, at the time of a declaration of a major disaster, the affected state has in effect and is actively enforcing an approved state building code. To be eligible for such increased federal contributions, a state must submit its building code to the President for approval. The President shall approve such a code upon determining that it: (1) is consistent with the most recent version of a nationally recognized model building code; (2) has been adopted by the state within six years of the most recent version of such nationally recognized code; and (3) uses the nationally recognized code as a minimum standard. The Federal Emergency Management Agency (FEMA) shall set appropriate standards for the periodic update, resubmittal, and approval of previously approved state building codes. Recipients may use hazard mitigation assistance received under such Act to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a flood. States and local governments may use technical and financial assistance received under such Act to implement predisaster hazard mitigation measures to establish and operate a building department and carry out enforcement activities to implement an approved state building code. In determining whether to provide such assistance, the President shall take into account the extent to which a state or local government is carrying out activities to implement an approved state building code. The National Advisory Council shall commence a comprehensive study to evaluate disaster costs and losses and develop recommendations for reducing them. FEMA shall conduct a pilot program to award grants to state, local, and tribal governments to aid and encourage the adoption and active enforcement of nationally recognized model building codes, state building codes, and related mitigation measures. | {"src": "billsum_train", "title": "National Mitigation Investment Act"} | 3,325 | 410 | 0.651796 | 2.167232 | 0.681018 | 5.338667 | 8.421333 | 0.944 |
TITLE I--UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT
SEC. 101. UTROK ATOLL RADIOLOGICAL MONITORING SUPPORT.
(a) In support of radiological monitoring, rehabilitation, and
resettlement of Utrok Atoll, whose residents were affected by United
States nuclear testing, the Secretary of Commerce may convey to the
Utrok Atoll local government without consideration, all right, title,
and interest of the United States in and to a decommissioned National
Oceanic and Atmospheric Administration ship in operable condition.
(b) The Government of the United States shall not be responsible or
liable for any maintenance or operation of a vessel conveyed under this
section after the date of the delivery of the vessel to Utrok.
(c) Within 120 days after the date of enactment of this Act, the
Utrok Atoll local government, in consultation with the Government of
the Republic of the Marshall Islands, shall submit a plan for the use
of the vessel to be conveyed under subsection (a) to the House of
Representatives Committee on Resources, the House of Representatives
Committee on Science, the Senate Committee on Energy and Natural
Resources, and the Senate Committee on Commerce, Science, and
Transportation.
TITLE II--RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND
ACTIONS
SEC. 201. RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND
ACTIONS.
All action in the line of duty by, and all Federal agency actions
in relation to (including with respect to pay, benefits, and
retirement) a de facto officer of the commissioned corps of the
National Oceanic and Atmospheric Administration who was appointed or
promoted to that office without Presidential action, and without the
advice and consent of the Senate, during such time as the officer was
not properly appointed in or promoted to that office, are hereby
ratified and approved if otherwise in accord with the law, and the
President alone may, without regard to any other law relating to
appointments or promotions in such corps, appoint or promote such a de
facto officer temporarily, without change in the grade currently
occupied in a de facto capacity, as an officer in such corps for a
period ending not later than 180 days from the date of enactment of
this Act.
TITLE III--INTERNATIONAL FISHERIES REAUTHORIZATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``International Fisheries
Reauthorization Act of 2004''.
SEC. 302. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967.
Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1977(e)) is amended by striking ``2003'' and inserting ``2008''.
SEC. 303. REAUTHORIZATION OF YUKON RIVER SALMON ACT OF 2000.
Section 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727)
is amended by striking ``2000'' and all that follows through ``2003''
and inserting ``2004 through 2008''.
SEC. 304. REBUILDING FISH STOCKS.
Section 105 of division H of the Consolidated Appropriations Act,
2004, is repealed.
TITLE IV--PACIFIC ALBACORE TUNA TREATY
SEC. 401. IMPLEMENTATION.
(a) In General.--Notwithstanding anything to the contrary in
section 201, 204, or 307(2) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1821, 1824, and 1857(2)),
foreign fishing may be conducted pursuant to the Treaty between the
Government of the United States of America and the Government of Canada
on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at
Washington May 26, 1981, including its Annexes and any amendments
thereto.
(b) Regulations.--The Secretary of Commerce, with the concurrence
of the Secretary of State, may--
(1) promulgate regulations necessary to discharge the
obligations of the United States under the Treaty and its Annexes;
and
(2) provide for the application of any such regulation to any
person or vessel subject to the jurisdiction of the United States,
wherever that person or vessel may be located.
(c) Enforcement.--
(1) In general.--The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) shall be enforced as if
subsection (a) were a provision of that Act. Any reference in the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) to ``this Act'' or to any provision of that Act,
shall be considered to be a reference to that Act as it would be in
effect if subsection (a) were a provision of that Act.
(2) Regulations.--The regulations promulgated under subsection
(b), shall be enforced as if--
(A) subsection (a) were a provision of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.); and
(B) the regulations were promulgated under that Act.
SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.
Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973d(a))
is amended by striking ``outside of the 200 nautical mile fisheries
zones of the Pacific Island Parties.'' and inserting ``or to fishing by
vessels using the longline method in the high seas areas of the Treaty
area.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Utrok Atoll Radiological Monitoring Support - (Sec. 101) Authorizes the Secretary of Commerce to convey to the Utrok Atoll local government a decommissioned National Oceanic and Atmospheric Administration (NOAA) ship in operable condition, in support of radiological monitoring, rehabilitation, and resettlement of Utrok Atoll, whose residents were affected by U.S. nuclear testing. Declares that the U.S. Government shall not be responsible or liable for any maintenance or operation of a vessel conveyed under Act after delivery of the vessel to Utrok. Directs the Utrok Atoll local government to submit to specified congressional committees a plan for the use of the conveyed vessel.
Title II: Ratification of Certain NOAA Appointments, Promotions, and Actions - (Sec. 201) Ratifies and approves all action in the line of duty by, and all Federal agency actions in relation to, a de facto officer of the NOAA commissioned corps who was appointed or promoted to that office without Presidential action and without the advice and consent of the Senate.
Authorizes the President to appoint or promote such a de facto officer as a corps officer for a period ending not later than 180 days after enactment of this Act, without change in the grade currently occupied in a de facto capacity.
Title III: International Fisheries Reauthorization - International Fisheries Reauthorization Act of 2004 - (Sec. 302) Amends the Fishermen's Protective Act of 1967 to extend through FY 2008 the requirement that the Secretary of State enter agreements to reimburse owners of commercial fishing vessels seized and detained by a foreign country for actual costs, market value of confiscated or spoiled fish, and half of lost gross income.
(Sec. 303) Amends the Yukon River Salmon Act of 2000 to extend through FY 2008 the authorization of appropriations for: (1) travel expenses of members and alternate members of the Yukon River Salmon Panel, U.S. members of a Joint Technical Committee (JTC) under the Pacific Salmon Treaty between the United States and Canada, and members of a specified advisory committee; (2) the U.S. share of expenses incurred by the JTC and any panel established by any agreement between the United States and Canada for restoration and enhancement of salmon originating in Canada; (3) activities by the Department of the Interior and the Department of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River in Canada, including specified Yukon River salmon stock restoration and enhancement projects; and (4) cooperative salmon research and management projects in the portion of the Yukon River drainage located in the United States that are recommended by the Panel.
(Sec. 305) Repeals a provision of the Consolidated Appropriations Act, 2004 which prohibits funds under that Act from being obligated or expended to implement any measures to reduce overfishing and promote rebuilding of fish stocks managed under the Northeast Multispecies Fishery Management Plan other than measures set out in the NOAA final rule relating to provisions of the Magnuson-Stevens Fishery Conservation and Management Act.
Title IV: Pacific Albacore Tuna Treaty - (Sec. 401) Allows foreign fishing to be conducted pursuant to the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. Authorizes the Secretary of Commerce to: (1) promulgate regulations for discharging U.S. obligations under such Treaty; and (2) apply such regulations to any person or vessel subject to U.S. jurisdiction, wherever the person or vessel may be located. Requires enforcement of such provisions as if they were part of the Magnuson-Stevens Act.
(Sec. 402) Amends the South Pacific Tuna Act of 1988 to: (1) make certain prohibitions on South Pacific tuna fishing inapplicable to fishing by vessels using the longline method in the high seas areas of the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America; and (2) remove such prohibitions' inapplicability to vessels operating outside of the 200 nautical mile fisheries zones of the Pacific Island Parties. | {"src": "billsum_train", "title": "To provide for the conveyance to the Utrok Atoll local government of a decommissioned National Oceanic and Atmospheric Administration ship, and for other purposes."} | 1,385 | 982 | 0.734935 | 2.751643 | 0.728244 | 3.734615 | 1.391026 | 0.826923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Y2K Liability and Antitrust Reform
Act''.
SEC. 2. LIABILITY FOR COMPUTER DATE FAILURE.
(a) General Rule.--
(1) Designers, developers, and manufacturers.--An action
which is brought in a Federal or State court against a person
because of a computer date failure shall be deemed to be based
solely in contract and shall only allow recovery for
consequential business loss and costs of repairs or replacement
resulting from the failure if the following conditions are met:
(A) The plaintiff in the action has not suffered
any personal injury, excluding emotional harm, as a
result of the computer date failure.
(B) The defendant in the action has--
(i) given notice, described in paragraph
(2), by mail to all buyers known to the
defendant of the computer system or any
component of the system or computer program or
software or hardware that experiences or may
experience a computer date failure and with
respect to buyers not known to the defendant
given notice on the defendant's World Wide Web
site on the Internet;
(ii) made available at no charge to the
buyer a repair or replacement for a computer
program or software or hardware which was first
introduced for sale after December 31, 1994,
and which was involved in the computer date
failure; and
(iii) made available to the buyer a repair
or replacement for a computer program or
software or hardware which was first introduced
for sale before January 1, 1995, and which was
involved in a computer date failure.
(2) Notice.--The notice specified in paragraph (1)(B)(i)
shall specify the computer system or component of the system or
computer program or software supplied by the defendant that
experiences or may experience a computer date failure and shall
explain the manner by which the buyer may obtain repair or
replacement of the computer system or component of the system
or computer program or software if repair or replacement is
available or obtain additional information on such system,
component, program, or software.
(3) Application.--This subsection shall not be construed to
limit the ability of contracting parties to enter into
agreements as they deem appropriate on the issues of liability
and damages resulting from computer date failure.
(4) Definition.--For purposes of this subsection, the term
``person'' means a person who is engaged in commerce to design,
develop, or manufacture a computer system, computer program or
software, or component.
(b) Special Rule.--
(1) Other persons.--An action which is brought in a Federal
or State court against a person (other than a person described
in subsection (a)) because of a computer date failure shall be
deemed to be based solely in contract and shall only allow
recovery for consequential business loss and costs of repairs
or replacement resulting from the failure if the following
conditions are met:
(A) The plaintiff in the action has not suffered
any personal injury, excluding emotional harm, as a
result of the computer date failure.
(B) The defendant in the action has--
(i) made all reasonable efforts to protect
its system, program, or software from a
computer date failure, including efforts to
acquire hardware or software that will not
experience a computer date failure;
(ii) not later than July 1, 1999, tested
its systems, programs, or software by actually
simulating the transition from December 31,
1999 to January 1, 2000 and made any other test
that a reasonable person would believe
necessary to prevent a computer date failure;
(iii) not later than August 1, 1999,
provided notice to its customers and to the
President's Council on the Year 2000 Conversion
of efforts to avoid a computer date failure,
including a general description of its
compliance efforts, the results of the tests
under clause (ii), and the likelihood that it
will make transition to the Year 2000 without a
computer date failure; and
(iv) not later than August 1, 1999, posted
the notice it made under clause (iii)
prominently in its place of business for public
review.
The President's Council on the Year 2000 Conversion
shall make available the notice it received under
clause (iii) on the Council's homepage on the worldwide
web.
(2) Application.--This subsection shall not be construed to
limit the ability of contracting parties to enter into
agreements as they deem appropriate on the issues of liability
and damages resulting from computer date failure.
(c) Definitions.--For purposes of this section:
(1) Action.--The term ``action'' means an action to recover
damages resulting directly or indirectly from a computer date
failure, an action based on breach of contract, a shareholder
or derivative action, and an action based on an alleged failure
to properly detect, disclose, prevent, report on, or remediate
a computer date failure.
(2) Computer date failure.--The term ``computer date
failure'' means--
(A) a present or future inability of the computer
system or computer program or software to accurately
store, process, provide, or receive data from, into,
and between the years 1999 and 2000 and beyond if all
other technology used in combination with such system,
program, or software properly exchanges data with it;
or
(B) the possibility of the existence of any such
inability or incompatibility.
(3) Computer program or software.--The term ``computer
program or software'' is a set of statements or instructions to
be used directly or indirectly in a computer in order to bring
about a certain result.
(4) Computer system.--The term ``computer system'' means
any electronic device or collection of devices, including
support devices, networks, and embedded chips and excluding
calculators that are not programmable, that contains computer
programs or electronic instructions and that performs
functions, including logic, arithmetic, data processing, data
storage and retrieval, communication, or control.
SEC. 3. TEMPORARY ANTITRUST EXEMPTION.
(a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of establishing
responses designed to mitigate the impact of computer date failure in a
computer system, in a component of a computer system, or in a computer
program or software if such conduct occurs, or such agreement is made
and implemented, only in the period beginning on the date of the
enactment of this Act and ending December 31, 2001.
(b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that results in a boycott of any person.
(c) Definition of Antitrust Laws.--For purposes of this section,
the term ``antitrust laws''--
(1) has the meaning given it in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 12(a)), except that such
term includes section 5 of the Federal Trade Commission Act (15
U.S.C. 45) to the extent such section 5 applies to unfair
methods of competition, and
(2) includes any State law similar to the laws referred to
in subparagraph (A). | Y2K Liability and Antitrust Reform Act - Provides that an action resulting from a computer date failure which is brought in Federal or State court shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repair or replacement resulting from the failure if the plaintiff has not suffered any personal injury, excluding emotional harm, as a result and the defendant is: (1) a person who is engaged in commerce to design, develop, or manufacture a computer system, program, software, or component, has given specified notice to buyers, has made available at no charge repair or replacement of hardware and software for products sold after December 31, 1994, and has made available to the buyer a repair or replacement for a computer program or software or hardware that was introduced for sale before January 1, 1995; or (2) any other person who has made reasonable efforts to protect its system, program, or software from computer date failure, has conducted reasonable tests to prevent a computer date failure by July 1, 1999, and has notified its customers and the President's Council on the Year 2000 Conversion by August 1, 1999, of efforts to avoid such failure.
(Sec. 3) Makes the antitrust laws inapplicable to conduct engaged in between the enactment date of this Act and December 31, 2001, solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, with an exception for conduct that results in a boycott. | {"src": "billsum_train", "title": "Y2K Liability and Antitrust Reform Act"} | 1,559 | 321 | 0.750029 | 2.535002 | 0.813893 | 4.816949 | 5.054237 | 0.966102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elizabeth Cady Stanton Pregnant and
Parenting Student Services Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible institution of higher education.--The term
``eligible institution of higher education'' means an
institution of higher education (as such term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that has established and operates, or agrees to
establish and operate upon the receipt of a grant under this
Act, a pregnant and parenting student services office described
in section 5.
(2) Parent; parenting.--The terms ``parent'' and
``parenting'' refer to a parent or legal guardian of a minor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM.
From amounts appropriated under section 7 for a fiscal year, the
Secretary shall establish a pilot program to award grants to eligible
institutions of higher education to enable the eligible institutions to
establish (or maintain) and operate pregnant and parenting student
services offices in accordance with section 5.
SEC. 4. APPLICATION; NUMBER OF GRANTS.
(a) Application.--An eligible institution of higher education that
desires to receive a grant under this Act shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may require
(b) Requests for Additional Information.--The Secretary may require
an eligible institution submitting an application under subsection (a)
to provide additional information if the Secretary determines such
information is necessary to process the application.
(c) Number of Grants.--The Secretary shall award grants under this
Act to not more than 200 eligible institutions of higher education.
SEC. 5. USE OF FUNDS.
(a) In General.--An eligible institution of higher education that
receives a grant under this Act shall use grant funds to establish (or
maintain) and operate a pregnant and parenting student services office,
located on the campus of the eligible institution, that carries out the
following programs and activities:
(1) Hosts an initial pregnancy and parenting resource
forum--
(A) to assess available pregnancy and parenting
resources located on the campus or within the local
community; and
(B) to set goals for--
(i) improved services for pregnant,
parenting, and prospective parenting students;
and
(ii) improved access to such services.
(2) Annually assesses the performance of the eligible
institution and the office in meeting the following needs of
students enrolled in the eligible institution who are pregnant
or are parents:
(A) Student health care that includes maternity
coverage and makes available riders for additional
family members.
(B) Family housing.
(C) Child care.
(D) Flexible or alternative academic scheduling,
such as telecommuting programs.
(E) Education concerning responsible parenting for
mothers and fathers, and education supporting healthy
marriages.
(F) Resources for pregnant women and children, such
as maternity and baby clothing, baby food (including
formula), and baby furniture.
(G) Post-partum counseling and support groups.
(3) Identifies public and private service providers,
located on the campus of the eligible institution or within the
local community, that are qualified to meet the needs described
in paragraph (2), and establishes programs with qualified
providers to meet such needs.
(4) Assists pregnant and parenting students in locating and
obtaining services that meet the needs described in paragraph
(2).
(5) If appropriate, provides referrals for prenatal care
and delivery, infant or foster care, or adoption, to a student
who requests such information. An office shall make such
referrals only to service providers that primarily serve the
following types of individuals:
(A) Parents.
(B) Prospective parents awaiting adoption.
(C) Women who are pregnant and plan on parenting or
placing the child for adoption.
(D) Parenting or prospective parenting couples who
are married or who plan on marrying in order to provide
a supportive environment for each other and their
child.
(b) Expanded Services.--In carrying out the programs and activities
described in subsection (a), an eligible institution of higher
education receiving a grant under this Act may choose to provide access
to such programs and activities to a pregnant or parenting employee of
the eligible institution.
SEC. 6. REPORTING.
(a) Annual Report by Institutions.--
(1) In general.--For each fiscal year that an eligible
institution of higher education receives a grant under this
Act, the eligible institution shall prepare and submit to the
Secretary, by the date determined by the Secretary, a report
that--
(A) itemizes the pregnant and parenting student
services office's expenditures for the fiscal year;
(B) contains a review and evaluation of the
performance of the office in fulfilling the
requirements of this Act, using the specific
performance criteria or standards established under
paragraph (2)(A); and
(C) describes the achievement of the office in
meeting the needs listed in section 5(a)(2) of the
students served by the eligible institution, and the
frequency of use of the office by such students.
(2) Performance criteria.--Not later than 180 days before
the date the annual report described in paragraph (1) is
submitted, the Secretary--
(A) shall identify the specific performance
criteria or standards that shall be used to prepare the
report; and
(B) may establish the form or format of the report.
(3) Additional information.--After reviewing an annual
report of an eligible institution of higher education, the
Secretary may require that the eligible institution provide
additional information if the Secretary determines that such
additional information is necessary to evaluate the pilot
program.
(b) Report by Secretary.--The Secretary shall annually prepare and
submit a report on the findings of the pilot program under this Act,
including the number of eligible institutions of higher education that
were awarded grants and the number of students served by each pregnant
and parenting services office receiving funds under this Act, to the
appropriate committees of the Senate and the House of Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 2006 through 2010. | Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005 - Directs the Secretary of Education to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption. | {"src": "billsum_train", "title": "A bill to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption."} | 1,366 | 85 | 0.635329 | 1.618375 | 0.701654 | 3.084507 | 18.619718 | 0.915493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Protection and Baby Switching
Prevention Act of 1998''.
SEC. 2. MEDICARE AND MEDICAID PAYMENTS TO HOSPITALS CONTINGENT ON
IMPLEMENTATION OF SECURITY PROCEDURES REGARDING INFANT
PATIENT PROTECTION AND BABY SWITCHING.
(a) Agreements With Hospitals.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraph (S), by striking the period at the end
and inserting ``, or'', and
(2) by inserting after subparagraph (S) the following new
subparagraph:
``(T) in the case of hospitals and critical access
hospitals which provide neonatal or infant care, to have in
effect security procedures that meet standards established by
the Secretary (in consultation with appropriate organizations)
to reduce the likelihood of infant patient abduction and baby
switching, including standards for identifying all infant
patients in the hospital in a manner that ensures that it will
be evident if infants are missing from the hospital.''.
(b) Regulations.--
(1) In general.--In promulgating regulations under
subparagraph (T) of section 1866(a)(1) of such Act (42 U.S.C.
1395cc(a)(1)), as added by subsection (a), the Secretary of
Health and Human Services shall--
(A) consult with various organizations representing
consumers, appropriate State and local regulatory
agencies, hospitals, and critical access hospitals,
(B) take into account variations in size and
location of hospitals and critical access hospitals,
and the percentage of overall services furnished by
such hospitals and critical access hospitals that
neonatal care and infant care represent, and
(C) promulgate specific regulations that address
each size and type of hospital covered.
(2) Deadline for publication.--Not later than 12 months
after the date of the enactment of this Act, the Secretary
shall publish such regulations. In order to carry out this
requirement in a timely manner, the Secretary may promulgate
regulations that take effect on an interim basis, after notice
and pending opportunity for public comment.
(c) Penalties.--
(1) Amount of penalty.--A hospital that participates in the
Medicare program under title XVIII of the Social Security Act
under an agreement pursuant to section 1866 of such Act (42
U.S.C. 1395cc) that commits a violation described in paragraph
(2) of this subsection is subject to a civil money penalty of
not more than $50,000 (or not more than $25,000 in the case of
a hospital with less than 100 beds) for each such violation.
(2) Violation described.--A hospital described in paragraph
(1) commits a violation for purposes of this subsection if the
hospital fails to have in effect security procedures that meet
standards established by the Secretary under section
1866(a)(1)(T) of such Act (42 U.S.C. 1395cc(a)(1)(T)) to reduce
the likelihood of infant patient abduction and baby switching,
including standards for identifying all infant patients in the
hospital in a manner that ensures that it will be evident if
infants are missing from the hospital.
(3) Administrative provisions.--The provisions of section
1128A of such Act (42 U.S.C. 1320a-7a), other than subsections
(a) and (b), shall apply to a civil money penalty under this
subsection in the same manner as such provisions apply with
respect to a penalty or proceeding under section 1128A(a).
(d) Effective Date.--The amendments made by this section shall take
effect 18 months after the date of the enactment of this Act and apply
to the entry and renewal of contracts under section 1866 of such Act
(42 U.S.C. 1395cc) on or after such date.
SEC. 2. BABY SWITCHING PROHIBITED.
(a) In General.--Chapter 55 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1205. Baby switching
``(a) Whoever being in interstate commerce knowingly alters or
destroys an identification record of a newborn patient with the
intention that the newborn patient be misidentified by any person shall
be fined not more than $250,000 in the case of an individual and not
more than $500,000 in the case of an organization, or imprisoned not
more than ten years, or both.
``(b) As used in this section, the term `identification record'
means a record maintained by a hospital to aid in the identification of
newborn patients of the hospital, including any of the following:
``(1) The footprint, fingerprint, or photograph of the
newborn patient.
``(2) A written description of the infant.
``(3) An identification bracelet or anklet put on the
newborn patient, or the mother of the newborn patient, by a
staff member of the hospital.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 18, United States Code, is amended by adding at the
end the following new item:
``1205. Baby switching.''. | Infant Protection and Baby Switching Prevention Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to require certain hospitals reimbursed under Medicare to have in effect security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing. Provides penalties for hospitals failing to have such security procedures in effect.
Amends the Federal criminal code to prohibit and provide penalties for baby switching in hospitals. | {"src": "billsum_train", "title": "Infant Protection and Baby Switching Prevention Act of 1998"} | 1,181 | 119 | 0.56696 | 1.49273 | 0.568423 | 4.411765 | 9.990196 | 0.862745 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Prescription Drug Disposal and
Education Act''.
SEC. 2. PRESCRIPTION DRUG DISPOSAL.
(a) Delivery of Controlled Substances by Ultimate Users for
Disposal.--
(1) Regulatory authority.--Section 302 of the Controlled
Substances Act (21 U.S.C. 822) is amended by adding at the end
the following:
``(g)(1) For the purpose of carrying out a grant program
established by the Attorney General under section 2(b) of the Safe
Prescription Drug Disposal and Education Act--
``(A) an ultimate user (or an individual authorized to act
on behalf of the ultimate user) who has lawfully obtained a
controlled substance in accordance with this title may, without
being registered, deliver the controlled substance to another
person for the purpose of disposal of the controlled substance;
and
``(B) a person to whom such controlled substance is being
delivered may, without being registered, receive such
controlled substance for such purpose.
The Attorney General shall issue regulations to carry out this
subsection. Such regulations shall be consistent with the public health
and safety and ensure the safe disposal of any controlled substances
handled, delivered, received, or disposed under this subsection.''.
(2) Conforming amendment.--Section 308(b) of the Controlled
Substances Act (21 U.S.C. 828(b)) is amended--
(A) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(B) by adding at the end the following:
``(3) the delivery or receipt of such a substance for the
purpose of disposal by a person acting in accordance with
section 302(g).''.
(b) Prescription Drug Disposal Units.--
(1) Program established.--The Attorney General may make
grants to eligible entities to establish and operate
prescription drug disposal units for individuals to dispose of
any prescription drug that such individuals no longer need or
want, or that has expired at locations that the Attorney
General determines are appropriate pursuant to State and local
requirements related to waste or hazardous waste management and
any regulations issued by the Food and Drug Administration.
(2) Eligibility.--For purposes of this section, an eligible
entity is a State, unit of local government, nonprofit
organization, local educational agency, Indian tribe, a
Federal, State, and local governmental agency, corporation,
community coalition, or any combination thereof.
(3) Use of funds.--An eligible entity receiving a grant
under this section shall use the amounts received under such
grant only for each of the following purposes:
(A) To provide for the establishment, installation,
replacement, maintenance, or operation of prescription
drug disposal units meeting the requirements of
subsection (e).
(B) To hire a reverse distributor (as such term is
defined in section 1300.01 of title 21 of the Code of
Federal Regulations as of the date of the enactment of
this Act), an appropriate waste or hazardous waste
management organization, or any other appropriate
entity in the State or unit of local government, to
collect items contained in the prescription drug
disposal units funded with amounts from the grant and
dispose of such items.
(4) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Attorney
General an application at such time, in such manner, and
containing such information as the Attorney General may
require.
(5) Prescription drug disposal unit requirements.--Each
prescription drug unit funded with amounts from a grant under
this section shall meet the following requirements:
(A) The unit shall be secure against the risk of
theft and access by unauthorized individuals.
(B) The unit shall be placed in a location that is
easily accessible to individuals seeking to dispose of
prescription drugs.
(C) The unit shall be clearly and conspicuously
marked with ``Prescription Drug Drop-Off Box''.
(6) Condition.--As a condition of receiving a grant under
this section, an eligible entity receiving a grant shall agree
to comply with any rules promulgated by the Attorney General
regarding the safe and regular disposal of the prescription
drugs contained in each prescription drug disposal unit funded
by amounts from such grant.
(7) Selection of grant recipients.--
(A) Selection criteria.--The Attorney General shall
issue regulations to establish selection criteria for
grants under this section.
(B) Geographic distribution of grants.--The
Attorney General shall ensure that, to the extent
reasonable and practicable, an equitable geographic
distribution of grant awards is made that considers the
special needs of rural and urban communities.
(8) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2011
through 2014 to carry out this section.
SEC. 3. PRESCRIPTION DRUG ABUSE EDUCATION.
(a) Public Education Campaign.--The Director of National Drug
Control Policy, in consultation with the Administrator of the
Environmental Protection Agency, shall carry out a public education and
outreach campaign to increase awareness of how ultimate users may
lawfully and safely dispose of prescription drugs, including controlled
substances, through drug take-back programs and other appropriate
means.
(b) Educational Program Grants.--
(1) Educational programs to prevent prescription drug
abuse.--The Attorney General may make grants to eligible
entities to design and implement educational programs on the
abuse of the following items:
(A) Prescription drugs.
(B) Household items that may be used to have an
altering effect on perception, emotion, or behavior
similar to that caused by the use of psychotropic
drugs.
(2) Eligibility.--For purposes of this section, an eligible
entity is an entity described in section 2(b) of this Act.
(3) Use of funds.--An eligible entity receiving a grant
under this section shall use the amounts received from such
grant to develop and implement educational programs designed to
educate students in the sixth through twelfth grades and
parents and legal guardians of such students, on topics related
to the abuse of prescription drugs, including the following:
(A) The health risks and legal liability posed by
the abuse of the items described in paragraphs (1) and
(2) of subsection (a).
(B) The dangers posed by stealing prescription
drugs from other individuals.
(C) For a parent or legal guardian, indications
that a student may be abusing the items described in
paragraphs (1) and (2) of subsection (a).
(D) The behaviors that can lead to the abuse of
such items.
(E) Available methods for the safe disposal and
collection of such items.
(F) Resources available for an intervention in the
case of a person who has been abusing such items.
(4) Application.--To be eligible to be selected to receive
a grant under this section, an eligible entity shall submit to
the Attorney General an application at such time, in such
manner, and containing such information as the Attorney General
may require.
(5) Selection of grant recipients.--
(A) In general.--In selecting recipients for grants
under this section, the Attorney General shall--
(i) consult with the peer review committee
established under paragraph (2);
(ii) give priority to any eligible entity
in connection with an application submitted
under subsection (d) that demonstrates
community support for the application; and
(iii) ensure that, to the extent reasonable
and practical, an equitable geographic
distribution of grant awards is made that
considers the special needs of rural and urban
communities.
(B) Peer review committee.--
(i) In general.--The Attorney General shall
establish a peer review committee to review
applications for a grant under this section and
to submit to the Attorney General
recommendations on which applications should be
approved for a grant, which shall consist of 7
members appointed by the Attorney General.
(ii) Composition.--Such committee shall be
composed of at least one of each of the
following individuals:
(I) A substance abuse counselor.
(II) A psychological counselor.
(III) A public health official.
(IV) A physician.
(V) A community anti-drug coalition
leader.
(VI) An appopriate member of a
State or local law enforcement agency.
(iii) Basic pay.--Members of the committee
shall serve without pay.
(iv) Terms.--Each member of the committee
shall serve for two years and may serve for as
many successive terms as the member agrees to
serve and as the Attorney General may request.
(v) Vacancies.--If a vacancy occurs on such
committee, the Attorney General shall appoint a
new member in the same manner as the initial
appointment was made under this subsection.
(6) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2011
through 2014 to carry out this section. | Safe Prescription Drug Disposal and Education Act - Amends the Controlled Substances Act to permit, for purposes of carrying out the grant program established by this Act for drug disposal units: (1) an ultimate user (or an authorized agent of the ultimate user) who has lawfully obtained a controlled substance to deliver such substance, without being registered, to another person for disposal; and (2) such person to receive such substance for disposal, without being registered.
Authorizes the Attorney General to make grants to an eligible entity (i.e., a state, local government, local educational agency, Indian tribe, a federal, state, or local governmental agency, corporation, community coalition, or any combination of such entities) to: (1) establish and operate prescription drug disposal units for disposal of unneeded or expired prescription drugs; and (2) design and implement educational programs on the abuse of prescription drugs and on household items that may be used to cause perception, emotion, or behavior similar to that caused by the use of psychotropic drugs.
Directs the Director of National Drug Control Policy to carry out a public education and outreach campaign to increase awareness of how ultimate users may lawfully and safely dispose of prescription drugs, including controlled substances, through drug take-back programs. | {"src": "billsum_train", "title": "To authorize the Attorney General to make grants to States, units of local government, Indian tribes, and other entities for prescription drug disposal units and for prescription drug abuse education."} | 1,916 | 261 | 0.680077 | 1.952478 | 0.823787 | 4.585366 | 7.410569 | 0.96748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Initiative Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Rural Electrification Act of 1936 helped bring
electricity and telephone service to rural America, thus
removing major barriers to the development of our rural
economies.
(2) A lack of affordable broadband presents a similar
barrier to the development of our rural economy.
(3) According to the Federal Communications Commission, 53
percent of rural Americans lack access to service delivering
broadband speeds of 25 Mbps for downloads and 3 Mbps for
uploads.
(4) High-speed broadband access helps rural communities
compete and grow in our digital economy.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that necessary funds should be made
available to provide universal and affordable broadband access to the
United States of America with a focus on underserved rural communities.
SEC. 4. OFFICE OF RURAL BROADBAND INITIATIVES.
(a) In General.--Title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb et seq.) is amended--
(1) by redesignating sections 601 through 603 as sections
603 through 605, respectively; and
(2) by inserting before section 603 (as so redesignated)
the following new sections:
``SEC. 601. DEFINITIONS.
``In this title:
``(1) Office.--The term `Office' means the Office of Rural
Broadband Initiatives established by section 602(a)(1).
``(2) Under secretary.--The term `Under Secretary' means
the Under Secretary for Rural Broadband Initiatives appointed
under section 602(a)(2).
``SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES.
``(a) Establishment.--
``(1) In general.--There is established in the Department
of Agriculture an office to be known as the `Office of Rural
Broadband Initiatives'.
``(2) Under secretary.--The head of the Office shall be the
Under Secretary for Rural Broadband Initiatives, who shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) report directly to the Secretary.
``(b) Responsibilities.--
``(1) In general.--The Under Secretary shall--
``(A) as of the date of enactment of this section,
administer all rural broadband-related grant and loan
programs previously administered by the Administrator
of the Rural Utilities Service, including--
``(i) the rural broadband access loan and
loan guarantee program established under
section 603;
``(ii) the Community Connect Grant Program
described in subpart A of part 1739 of title 7,
Code of Federal Regulations (or successor
regulations); and
``(iii) the Telecommunications
Infrastructure Loan program established under
this Act.
``(2) Requirements.--The Under Secretary shall--
``(A) conduct extensive, nationwide outreach to
rural areas;
``(B) foster the development of a comprehensive
rural broadband strategic vision;
``(C) plan coordination of Federal resources for
State, regional, and local governments to assist
citizens living and working in rural areas;
``(D) assess all relevant technologies (including
WiFi, WIMAX, DSL, cable, satellite, fiber, and
broadband over power lines), as the technologies are
able to support in whole or in part rural broadband
needs and requirements;
``(E) serve as a single information source for all
rural broadband programs and services administered by
Federal agencies, and coordinate the activities
undertaken under Federal rural broadband programs; and
``(F) provide technical assistance to State,
regional, and local governments to develop broadband
deployment strategies.
``(c) Comprehensive Rural Broadband Strategy.--
``(1) In general.--Not later than 180 days after the
appointment of the first Under Secretary, the Under Secretary
shall submit to the President and Congress a report describing
comprehensive rural broadband strategy that includes--
``(A) recommendations--
``(i) to promote interagency coordination
of Federal agencies in regards to policies,
procedures, and targeted resources, and to
improve and streamline the policies, programs,
and services;
``(ii) to coordinate among Federal agencies
regarding existing rural broadband or rural
initiatives that could be of value to rural
broadband development;
``(iii) to address both short- and long-
term solutions and needs assessments for a
rapid build-out of rural broadband solutions
and applications for Federal, State, regional,
and local government policy makers;
``(iv) to identify how specific Federal
agency programs and resources can best respond
to rural broadband requirements and overcome
obstacles that currently impede rural broadband
deployment; and
``(v) to promote successful model
deployments and appropriate technologies being
used in rural areas so that State, regional,
and local governments can benefit from the
cataloging of successes of other State,
regional, and local governments; and
``(B) a description of goals and timeframes to
achieve the strategic plans and visions identified in
the report.
``(2) Updates.--The Under Secretary shall update and
evaluate the report described in paragraph (1) on an annual
basis.
``(d) Rural Broadband Advisory Panel.--
``(1) In general.--Not later than 60 days after the date of
appointment of the first Under Secretary, the Under Secretary
shall submit to Congress a plan to establish a Rural Broadband
Advisory Panel (referred to in this subsection as the `Panel').
``(2) Chairperson.--The Panel shall be chaired by the Under
Secretary or a designee.
``(3) Membership.--The Panel shall be composed of
representatives of--
``(A) State government;
``(B) local government;
``(C) communications equipment vendors (including
broadband data service providers);
``(D) public utility services;
``(E) local exchange carriers;
``(F) wireless carriers;
``(G) satellite communications services; and
``(H) other appropriate public or private sector
entities, as determined by the Under Secretary.
``(4) Meetings.--The Panel shall meet not less than 4 times
each year.
``(5) Duties.--The Advisory Panel shall--
``(A) assist the Under Secretary in updating the
annual report described in subsection (c)(2);
``(B) evaluate the effectiveness of all Federal
broadband assistance programs and policies aimed at
fostering broadband access in rural and underserved
areas;
``(C) evaluate best practices employed at the State
and local government level to foster broadband access
in rural and underserved areas; and
``(D) cooperate with the Under Secretary in
addressing and evaluating issues determined by the
Under Secretary to be critical to fostering broadband
access and connectivity in rural and underserved areas.
``(e) Web-Based Clearinghouse.--The Under Secretary shall establish
a comprehensive and interactive rural broadband Web-based clearinghouse
that describes options, opportunities, resources, successful public-
private partnerships, comprehensive funding sources, and technology
tutorials for rural broadband, including--
``(1) case studies;
``(2) descriptions of best practices;
``(3) assessments of various technology solutions;
``(4) feasibility studies;
``(5) applications, including telework, telemedicine,
distance learning, training, homeland security, senior citizen
connectivity and program development, and business and economic
development;
``(6) rural broadband options and policies analysis; and
``(7) support for networks among rural communities and
economic development agencies.''.
(b) Conforming Amendments.--Section 603 of the Rural
Electrification Act of 1936 (as so redesignated by subsection (a)(1))
is amended--
(1) in subsection (d)(1)(B), by striking ``subsection (k)''
and inserting ``subsection (l)'';
(2) in subsection (j), by striking ``Administrator'' and
inserting ``Under Secretary'';
(3) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(4) by inserting after subsection (j) the following:
``(k) Rules Revision.--
``(1) In general.--Not later than 60 days after the date of
appointment of the first Under Secretary, the Under Secretary
shall submit to Congress a revision of the rules and
qualification criteria for the loan and loan guarantee programs
under this section.
``(2) Requirements.--In preparing the revision, the Under
Secretary shall--
``(A) emphasize streamlining the application
process and processing time;
``(B) ensure that the financial requirements for
applicants do not unduly disqualify applicants that
have demonstrated a viable business plan; and
``(C) not diminish the mission of the program to
deliver broadband service to underserved rural
areas.''.
SEC. 5. SUFFICIENCY OF RESOURCES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Agriculture shall submit to Congress a
report describing the resources and staff necessary to carry out this
Act and the amendments made by this Act.
(b) Preparation of Report.--The Secretary shall provide the Office
of Rural Broadband Initiatives the resources and staff necessary to
carry out this section.
(c) Comptroller General Review.--
(1) In general.--The Comptroller General of the United
States shall review the report submitted under subsection (a)
for validity.
(2) Report.--Not later than 30 days after the date on which
the report is submitted under subsection (a), the Comptroller
General of the United States shall submit to Congress a report
containing the findings of the review under paragraph (1). | Rural Broadband Initiative Act This bill amends the Rural Electrification Act of 1936 to establish an Office of Rural Broadband Initiatives at the Department of Agriculture (USDA) and an Under Secretary for Rural Broadband Initiatives appointed by the President to head the Office. The Under Secretary is responsible for administering all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service and must: conduct nationwide outreach to rural areas; foster the development of a comprehensive rural broadband strategic vision; plan coordination of federal resources for state, regional, and local governments to assist rural areas; assess all relevant technologies; serve as a single information source for and coordinate all federal rural broadband programs and services; and provide technical assistance to state, regional, and local governments. The Under Secretary must also: submit to the President and Congress a comprehensive rural broadband strategy; submit to Congress a plan to establish a Rural Broadband Advisory Panel; establish a web-based clearinghouse that describes options, opportunities, resources, successful public-private partnerships, funding sources, and technology tutorials; and revise the rules and qualification criteria for the loan and loan guarantee programs. USDA must report to Congress on the resources and staff necessary to carry out this bill, and the Government Accountability Office must review the report. | {"src": "billsum_train", "title": "Rural Broadband Initiative Act"} | 2,186 | 274 | 0.539362 | 1.523764 | 0.780348 | 4.589147 | 8.01938 | 0.899225 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Terrorists from Reuniting
with Terrorist Cells Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Congress passed the Authorization to use Military Force
in the wake of the devastating attacks on United States soil on
September 11, 2001.
(2) Many persons captured during Operation Enduring Freedom
and otherwise were transferred to Naval Station, Guantanamo
Bay, Cuba (hereinafter in this section referred to as
``Guantanamo Bay'').
(3) The detention facility at Guantanamo Bay is the only
complex in the world that can safely hold individuals that pose
a high-security risk to the United States.
(4) Such facility is a secure location away from population
centers, provides maximum security required to prevent escape,
provides multiple levels of confinement opportunities based on
compliance of the detainee, and provides medical care not
available to a majority of the population of the world.
(5) As of the date of the enactment of this Act, there are
198 individuals detained at Guantanamo Bay.
(6) These detainees include terrorist trainers, terrorist
financiers, bomb makers, Osama bin Laden's bodyguards,
terrorist recruiters and facilitators, and would-be suicide
bombers.
(7) Detainees remaining at Guantanamo Bay fall into the
following three categories:
(A) Detainees who have been cleared for release,
but for whom the United States has not been able to
find a foreign country willing to accept them.
(B) Detainees who have been tried, had charges
referred to trial, or are awaiting for referral to
trial, including for alleged violations of the law of
war.
(C) Detainees who either pose a high threat to the
United States or who have been placed in preventive
detention to stop them from returning to the
battlefield.
(8) Although 779 individuals have been transferred to
Guantanamo Bay since early 2002, the substantial majority of
Guantanamo Bay detainees have ultimately been transferred to a
third country for continued detention or release.
(9) Since 2002, of the 779 total detainees, more than 550
have departed Guantanamo Bay for other countries, including
Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium,
Denmark, Egypt, France, Iran, Iraq, Jordan, Kuwait, Kazakhstan,
Libya, Maldives, Mauritania, Morocco, Pakistan, Qatar, Russia,
Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda,
the United Kingdom, United States, and Yemen.
(10) In the Department of State publication entitled
``Country Reports on Terrorism 2008'', printed on April 30,
2009, there are listed 22 nations and regions that are
considered to be terrorist safe havens and 4 nations considered
to be state sponsors of terrorism.
(11) As of the date of the enactment of this Act,
individuals who were detained at Guantanamo Bay have been
transferred for detention or release to 4 of the 22 regions or
nations considered terrorist safe havens and 2 of the 4 nations
listed as State Sponsors of terrorism.
(12) Iraq is recognized as a nation with terrorist activity
by the Department of State, and at least 7 individuals who were
detained at Guantanamo Bay have been transferred to or released
into Iraq.
(13) Afghanistan is recognized as a terrorist safe haven by
the Department of State, and at least 199 individuals who were
detained at Guantanamo Bay have been transferred to or released
into Afghanistan.
(14) Pakistan is recognized as a terrorist safe haven by
the Department of State, and at least 63 individuals who were
detained at Guantanamo Bay have been transferred to or released
into Pakistan.
(15) Iran is recognized as ``the most active state sponsor
of terrorism'' by the Department of State, and at least 2
individuals who were detained at Guantanamo Bay have been
transferred to or released into Iran.
(16) Sudan is recognized as a state sponsor of terrorism by
the Department of State, and at least 9 individuals who were
detained at Guantanamo Bay have been transferred to or released
into Sudan.
(17) Yemen is recognized as a terrorist safe haven by the
Department of State, and at least 21 individuals who were
detained at Guantanamo Bay have been transferred to or released
into Yemen.
(18) There are approximately 90 Yemeni nationals who are
detained at Guantanamo Bay as of the date of the enactment of
this Act, approximately 45 of which have been qualified for
repatriation.
(19) Said Ali al-Shihri, who is suspected of involvement in
the bombing of the United States Embassy in Yemen on September
17, 2008, was released from detention at Guantanamo Bay to
Saudi Arabia in 2007, passed through a Saudi rehabilitation
program, and has resurfaced as the new deputy leader of al
Qaeda in Yemen.
(20) On December 25, 2009, there was an attempted terrorist
attack on American soil when Umar Farouk Abdulmutallab
detonated an explosive device that fortunately malfunctioned.
(21) Al Qaeda in Yemen has declared that it trained
Abdulmutallab, who now has sworn charges against him, in
terrorist activity.
(22) Although President Obama has temporarily halted the
transfer of Guantanamo Bay detainees to Yemen, detainees are
still permitted to be transferred to other nations recognized
by the Department of State as being complicit in terrorist
activity, being that they are terrorist safe havens or state
sponsors of terrorism.
(23) According to the Department of Defense special report
entitled ``Ex-Guantanamo Detainees Who Have Returned to the
Fight'' published on April 7, 2009, 14 percent of the former
Guantanamo Bay detainees have been confirmed or suspected of
reengaging in terrorist activities.
(24) The special report also says ``of the more than 530
Guantanamo detainees transferred from Department of Defense
custody at Guantanamo Bay, 27 were confirmed and 47 were
suspected of reengaging in terrorist activity. Between December
2008 and March 2009, nine detainees were added to the confirmed
list, six of whom were previously on the suspected list.''.
(25) It has been reported that the recidivism rate for
Guantanamo Bay detainees that have been transferred or released
from the detention facility at Guantanamo Bay, Cuba, has risen
from 14 percent to 20 percent since the special report was
published.
(26) The threat to the national security interests of the
United States and the welfare of its people is at a greater
risk when Guantanamo Bay detainees are transferred or released
into nations recognized as terrorist safe havens or state
sponsors of terrorism.
(27) The world is globally connected and mobile and allows
for the transport of individuals across national and
international boundaries with minimal or no supervision.
SEC. 3. LIMITATION ON TRANSFER AND RELEASE OF INDIVIDUALS DETAINED AT
NAVAL STATION, GUANTANAMO BAY, CUBA.
No individual who is detained at Naval Station, Guantanamo Bay,
Cuba, as of the date of the enactment of this Act, may be transferred
or repatriated, for the purposes of release or detention, into a nation
or region that is recognized by the Department of State or the
Department of Defense as a haven of any manner, kind, or fashion for
terrorist activity or that has been classified as a state sponsor of
terrorism. | Prevent Terrorists from Reuniting with Terrorist Cells Act - Prohibits the transfer or repatriation for release or detention of any individual detained at Naval Station, Guantanamo Bay, Cuba, to a nation or region that is recognized by the Department of State or the Department of Defense (DOD) as a haven for terrorist activity or that has been classified as a state sponsor of terrorism. | {"src": "billsum_train", "title": "To prohibit the release or transfer of an individual detained at Naval Station, Guantanamo Bay, Cuba, into or to the custody of any country or region that is recognized by the Department of State or the Department of Defense as a haven for terrorist activity or that has been classified as a state sponsor of terrorism."} | 1,689 | 99 | 0.446363 | 1.22039 | 0.344316 | 6.2 | 21.5 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limited Congressional Pension Act of
1995''.
SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--Subchapter III of chapter 83 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 8352. Limitations relating to Members
``(a)(1) For the purpose of this section--
``(A) the term `maximum allowable period of member service'
means the greater of--
``(i) 12 years of member service; or
``(ii) the total number of years of member service
completed by the Member before the effective date of
this section (expressed in terms of the full years and
twelfth parts thereof, excluding from the aggregate the
fractional part of a month, if any);
``(B) the term `deemed separation date', as used with
respect to a Member, means the date such Member is deemed under
subsection (b)(1)(A) or (B), as the case may be, to have
separated from service as a Member; and
``(C) the term `deemed separation' means a separation
deemed to have occurred under subsection (b)(1)(A) or (B).
``(2) This section shall apply with respect to any individual
serving as a Member on or after the effective date of this section,
excluding a reemployed annuitant whose annuity commenced before such
effective date.
``(b) Except as otherwise provided in this section--
``(1)(A) any Member who has completed the maximum allowable
period of member service before the effective date of this
section shall, for purposes of this subchapter, be deemed to
have separated from service on the day before such effective
date; and
``(B) any Member who completes the maximum allowable period
of member service on or after the effective date of this
section shall, for purposes of this subchapter, be deemed to
have separated from service on the date on which such Member
completes the maximum allowable period of member service; and
``(2) any Member who is deemed to have separated from
service under subparagraph (A) or (B) of paragraph (1)--
``(A) may not thereafter remain or become subject
to either the Civil Service Retirement System or the
Federal Employees' Retirement System as a Member of
Congress (as defined by section 2106); and
``(B) for purposes of this subchapter, shall, while
thereafter serving as a Member of Congress (as so
defined), be treated in the same way as a former Member
not then performing Government service.
``(c)(1) This subsection shall apply with respect to any Member
described in subsection (b)(1)(A) or (B).
``(2) A Member to whom this subsection applies shall not be
eligible for an immediate or deferred annuity based on any deemed
separation. Rather, actual separation must occur in order to be
eligible for such an annuity.
``(3) For purposes of determining whether a Member satisfies the
age and service requirements for title to an annuity--
``(A) the Member's age as of the Member's deemed separation
date shall be used; and
``(B) the Member's total service as of the Member's deemed
separation date shall be used, subject to paragraph (7).
``(4) The requirements of subsections (b) and (c) of section 8333
shall be considered met if the Member would satisfy those requirements
as of the Member's deemed separation date (assuming the Member actually
separated on that date).
``(5) For purposes of any computation of annuity--
``(A) average pay shall be determined disregarding pay for
any member service performed after the Member's deemed
separation date;
``(B) any reduction under section 8339(h) shall be made
using the age determined under paragraph (3)(A); and
``(C) the Member's total service shall be equal to the
total service determined under paragraph (3)(B).
For purposes of applying the respective limitations under sections
8339(f) and 8340(g), the average pay and final pay (or final basic pay)
of a Member shall likewise be determined based on the Member's deemed
separation date.
``(6)(A) Any deadline (such as for making an election or making a
deposit) which is fixed by reference to date of separation shall be
applied using the Member's actual separation date.
``(B) Any determination as to the marital status of the Member as
of date of separation shall be made based on the Member's actual
separation date.
``(7) For purposes of determining any period of military service
which is creditable for purposes of section 8339(c)(1), the date of
final separation from service as a Member (as referred to in section
8332(d)) shall be the Member's actual separation date.
``(d)(1) No contribution to the Thrift Savings Fund may be made by
any Member with respect to any pay period beginning on or after the
effective date of this section.
``(2) Except as provided in paragraph (1), nothing in this section
shall be considered to permit or require that a Member be treated as
having separated before such Member's actual separation date for
purposes of the Thrift Savings Plan.
``(e) Regulations to carry out this section may be prescribed by
the Office of Personnel Management and the Executive Director (within
the meaning of section 8401(13)) with respect to matters within their
respective areas of jurisdiction.
``(f) This section shall take effect as of the first day of the
Congress next beginning after the date of the enactment of the Limited
Congressional Pension Act of 1995.''.
(b) Conforming Amendment.--The table of sections for chapter 83 of
title 5, United States Code, is amended by adding at the end the
following:
``8352. Limitations relating to Members.''.
SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) In General.--Subchapter I of chapter 84 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 8404. Limitations relating to Members
``(a)(1) For the purpose of this section--
``(A) the term `maximum allowable period of member service'
means the greater of--
``(i) 12 years of member service; or
``(ii) the total number of years of member service
completed by the Member before the effective date of
this section (expressed in terms of the full years and
twelfth parts thereof, excluding from the aggregate the
fractional part of a month, if any);
``(B) the term `deemed separation date', as used with
respect to a Member, means the date such Member is deemed under
subsection (b)(1)(A) or (B), as the case may be, to have
separated from service as a Member;
``(C) the term `deemed separation' means a separation
deemed to have occurred under subsection (b)(1)(A) or (B); and
``(D) the term `member service' means any service as a
Member and any service constituting member service within the
meaning of section 8331(14).
``(2) This section shall apply with respect to any individual
serving as a Member on or after the effective date of this section,
excluding a reemployed annuitant whose annuity commenced before such
effective date.
``(b) Except as otherwise provided in this section--
``(1)(A) any Member who has completed the maximum allowable
period of member service before the effective date of this
section shall, for purposes of this chapter, be deemed to have
separated from service on the day before such effective date;
and
``(B) any Member who completes the maximum allowable period
of member service on or after the effective date of this
section shall, for purposes of this chapter, be deemed to have
separated from service on the date on which such Member
completes the maximum allowable period of member service; and
``(2) any Member who is deemed to have separated from
service under subparagraph (A) or (B) of paragraph (1)--
``(A) may not thereafter remain or become subject
to the Federal Employees' Retirement System as a Member
of Congress (as defined by section 2106); and
``(B) for purposes of this chapter, shall, while
thereafter serving as a Member of Congress (as so
defined), be treated in the same way as a former Member
not then performing Government service.
``(c)(1) This subsection shall apply with respect to any Member
described in subsection (b)(1)(A) or (B).
``(2) A Member to whom this subsection applies shall not be
eligible for an immediate or deferred annuity based on any deemed
separation. Rather, actual separation must occur in order to be
eligible for such an annuity.
``(3) For purposes of determining whether a Member satisfies the
age and service requirements for title to an annuity--
``(A) the Member's age as of the Member's deemed separation
date shall be used; and
``(B) the Member's total service as of the Member's deemed
separation date shall be used, subject to paragraph (6).
However, for purposes of determining eligibility for an annuity
supplement under section 8421, the Member's actual age shall be used.
``(4) For purposes of any computation of annuity--
``(A) average pay shall be determined disregarding pay for
any member service performed after the Member's deemed
separation date; and
``(B) the Member's total service shall be equal to the
total service determined under paragraph (3)(B).
Any annuity supplement under section 8421 shall be computed in a manner
consistent with the preceding sentence.
``(5)(A) Any deadline (such as for making an election or making a
deposit) which is fixed by reference to date of separation shall be
applied using the Member's actual separation date.
``(B) Any determination as to the marital status of the Member and
any similar determination shall be made based on the Member's actual
separation date.
``(6) For purposes of determining any period of military service
which is creditable for purposes of section 8411(c), the date of
separation from service as a Member shall be the Member's actual
separation date.
``(d)(1) No contribution to the Thrift Savings Fund may be made by
or for the benefit of any Member (including under section 8432(c)(1))
with respect to any pay period beginning on or after the effective date
of this section.
``(2) Except as provided in paragraph (1), nothing in this section
shall be considered to permit or require that a Member be treated as
having separated before such Member's actual separation date for
purposes of the Thrift Savings Plan.
``(e) Regulations to carry out this section may be prescribed by
the Office of Personnel Management and the Executive Director with
respect to matters within their respective areas of jurisdiction.
``(f) This section shall take effect as of the first day of the
Congress next beginning after the date of the enactment of the Limited
Congressional Pension Act of 1995.''.
(b) Conforming Amendment.--The table of sections for chapter 83 of
title 5, United States Code, is amended by adding at the end the
following:
``8404. Limitations relating to Members.''. | Limited Congressional Pension Act of 1995 - Amends Federal civil service law to limit to 12 years (with certain exceptions) the number of years that a Member of Congress may participate in either the Civil Service Retirement System or the Federal Employees' Retirement System. | {"src": "billsum_train", "title": "Limited Congressional Pension Act of 1995"} | 2,611 | 56 | 0.502301 | 1.146216 | 0.436943 | 3.270833 | 51.020833 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Veteran Homelessness Act of
2010''.
SEC. 2. INCREASE IN AMOUNT AUTHORIZED TO BE APPROPRIATED FOR
COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS.
Section 2013 of title 38, United States Code, is amended--
(1) by striking ``fiscal year 2007'' and inserting ``fiscal
year 2010''; and
(2) by striking ``$150,000,000'' and inserting
``$200,000,000''.
SEC. 3. IMPROVEMENT OF PAYMENTS FOR PROVIDING SERVICES TO HOMELESS
VETERANS.
(a) Improvement of Payments.--Section 2012 of title 38, United
States Code, is amended--
(1) by striking ``per diem'' wherever it appears;
(2) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) by striking ``daily cost of care'' and
inserting ``annual cost of furnishing
services''; and
(ii) by striking the second sentence;
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) The Secretary shall annually adjust the rate of payment under
subparagraph (A) to reflect anticipated changes in the cost of
furnishing services and to take into account the cost of providing
services in a particular geographic area. The Secretary may set a
maximum amount payable to a grant recipient under this section.'';
(C) in subparagraph (C), by striking ``other
sources of income'' and all that follows through the
period at the end and inserting ``the cost of services
provided by the grant recipient as the Secretary may
require to assist the Secretary in making the
determination under subparagraph (A)'';
(D) by striking subparagraph (D) and inserting the
following new subparagraph (D):
``(D) In making the determination under subparagraph (A), the
Secretary may consider the availability of other sources of income,
including payments to the grant recipient or eligible entity for
furnishing services to homeless veterans under programs other than
under this subchapter, payments or grants from other departments or
agencies of the United States, from departments or agencies of State or
local governments, or from private entities or organizations.''; and
(E) by adding at the end the following new
subparagraph:
``(E) The Secretary shall authorize payments under this subsection
to each grant recipient on an annual basis but shall make a payment to
each grant recipient for each calendar quarter in an amount equal to a
portion of the annual amount authorized for such recipient. Upon the
expiration of a calendar quarter, each grant recipient shall provide to
the Secretary a statement of the amount spent by the recipient during
that calendar quarter, and if the amount spent is less than the amount
provided for that calendar quarter, repay to the Secretary the balance.
If the amount spent by a grant recipient for such purpose for a
calendar quarter exceeds the amount provided to the recipient for that
quarter, the Secretary shall make an additional payment to the
recipient in an amount equal to the amount by which the amount so spent
exceeded the amount so provided, as long as the total amount provided
to such recipient in a calendar year does not exceed the amount of the
annual payment for that recipient.'';
(3) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) Payments under this subsection to a grant recipient or
eligible entity may be used to match, or in combination with, other
payments or grants for which the recipient or entity is eligible.'';
and
(4) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(b) Clerical Amendments.--
(1) Section heading.--The section heading for such section
is amended to read as follows:
``Sec. 2012. Payments for furnishing services to homeless veterans''.
(2) Subsection heading.--The heading for subsection (a) of
such section is amended by striking ``Per Diem''.
(3) Table of sections.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2012 and inserting the following
new item:
``2012. Payments for furnishing services to homeless veterans.''.
SEC. 4. SUPPORTED HOUSING PROGRAM OUTREACH.
(a) In General.--Chapter 20 of title 38, United States Code, is
further amended by adding at the end of subchapter III the following
new section:
``Sec. 2024. Supported housing program outreach
``(a) Landlord Outreach.--(1) The Secretary shall ensure that each
medical center of the Department that provides treatment and services
under the supported housing program under section 8(o)(19) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) employs or
provides (through coordination with a public housing agency, homeless
service provider, or other appropriate organization) one or more
specialists, which may include peer specialists who were formerly
homeless veterans, for handling housing issues in conjunction with the
program under this subsection.
``(2) Such specialists shall conduct outreach to landlords to
encourage and facilitate participation in the supportive housing
program, mediate disputes between veterans receiving assistance under
such program and landlords, establish and maintain a list of dwelling
units available for rental with assistance under such program, and
carry out other appropriate activities.
``(b) Homelessness Prevention and Rapid Re-Housing Assistance.--The
Secretary shall coordinate with the Secretary of Housing and Urban
Development to provide assistance to homeless veterans in accessing the
Homelessness Prevention and Rapid Re-Housing Program administered by
the Secretary of Housing and Urban Development for assistance for basic
essentials, security deposits for rental dwelling units, and advance
payments of the first month's rent for such units.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter III the following new item:
``2024. Supported housing program outreach.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF VETERANS
AFFAIRS PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR
SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES
IN PERMANENT HOUSING.
Section 2044(e) of title 38, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraphs:
``(D) $50,000,000 for fiscal year 2012.
``(E) $75,000,000 for fiscal year 2013.
``(F) $100,000,000 for each subsequent fiscal year.''; and
(2) in paragraph (3), by striking ``each of the fiscal year
2009 through 2011'' and inserting ``each fiscal year''.
SEC. 6. PROMOTION OF AWARENESS OF DEPARTMENT OF VETERANS AFFAIRS
PROGRAMS TO ASSIST HOMELESS VETERANS AMONG HOMELESS WOMEN
VETERANS AND HOMELESS VETERANS WITH CHILDREN.
Section 532 of title 38, United States Code, is amended by
inserting after ``homeless veterans'' the following: ``(with a special
emphasis on promoting awareness of such assistance among homeless women
veterans and homeless veterans with children)''.
Passed the House of Representatives March 22, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | End Veteran Homelessness Act of 2010 - Extends through FY2010, and increases the amount of, the authorization of appropriations for Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans.
Revises provisions concerning payments for providing services for homeless veterans to direct the Secretary of Veterans Affairs to annually adjust the rate of such payment to reflect anticipated changes in the cost of furnishing services and to take into account the cost of providing services in a particular geographic area. Directs the Secretary to make such payments quarterly, while requiring quarterly statements from recipients on amounts expended.
Requires the Secretary to ensure that each VA medical center that provides treatment and services under the supported housing program of the United States Housing Act of 1937 employs or provides one or more specialists to handle program issues and to conduct outreach to landlords to encourage and facilitate program participation. Directs the Secretary to coordinate with the Secretary of Housing and Urban Development (HUD) to provide assistance to homeless veterans in accessing HUD's Homelessness Prevention and Rapid Re-Housing Program.
Authorizes appropriations for FY2012 and thereafter for VA financial assistance for supportive services for very low-income veteran families occupying permanent housing.
Authorizes, in connection with VA authority to advertise in the national media concerning available VA benefits, a special emphasis to be placed on promoting awareness of assistance for homeless women veterans and homeless veterans with children. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to make certain improvements in the services provided for homeless veterans under the laws administered by the Secretary of Veterans Affairs."} | 1,714 | 295 | 0.57665 | 1.598024 | 0.812684 | 3.85 | 5.869231 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Transform America
Transaction Fee Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An effective stimulus plan meets the criteria of job
creation, fiscal responsibility, fairness, targeting of unmet
needs, tax reform and revenue sharing.
(2) The current tax structure creates economic distortions
that limit growth and job creation.
(3) The estimated cost of compliance to taxpayers is five
billion hours and approximately $200 billion.
(4) The tax code produces inefficiency in revenue raising
that forces the nation to struggle unnecessarily under the
burden of unequal and inadequate systems of public education
and health care, a crumbling physical and social services
infrastructure, and a crushing national debt.
(5) Implementing a transaction fee will provide the
structure to maintain current expenditures on defense-related
activities without sacrificing expenditures on additional
important national priorities.
(6) Restructuring the tax code will promote economic
prosperity.
(7) Replacing existing Federal taxes with a fee on
transactions eliminates systemic inefficiency that plagues the
current tax code.
(8) Economic analyses have estimated a transaction fee
would allow businesses to undertake projects that are not
profitable in the current tax system, and workers would be more
willing to supply labor.
(9) Responsible tax reform is necessary for all to enjoy
financial security, economic prosperity, educational
opportunities, and affordable health care.
(10) Therefore, the Department of the Treasury shall
prepare a comprehensive analytical report to achieve these
stated goals.
SEC. 3. STUDY ON THE IMPLEMENTATION OF A TRANSACTION FEE.
(a) In General.--The Secretary of the Treasury shall conduct an in-
depth study on the implementation of a transaction fee in the United
States. In particular, such study shall include a comprehensive
analytical report of the proposal outlined in subsection (b) (as well
as an implementation/action plan) to replace all existing Federal taxes
with a per transaction fee based on the value of the transaction.
(b) Transaction Fee Proposal.--
(1) In general.--The fee under the proposal would apply to
all non-cash transactions (including checks, credit cards,
transfers of stocks, bonds, and other financial instruments)
and all high-dollar cash transactions.
(2) Potential exclusions.--The fee would not apply to--
(A) cash transactions of less than $500,
(B) salaries and wages by employers to employees,
and
(C) transactions involving individual savings
instruments through financial institutions.
(3) Cash withdrawals from financial institutions.--The fee
under the proposal would apply to cash withdrawals from
financial institutions and be set at a rate that is either
double or higher than the standard transaction fee.
(4) Fee rate.--
(A) In general.--The fee rate is set at a level
sufficient to generate revenues equal to revenues under
the Internal Revenue Code of 1986.
(B) Other potential uses of fee.--The fee rate
could be structured to cover 1 or more of the
following:
(i) A national debt reduction plan
requiring elimination of the current national
debt of $7.7 trillion over a period of 10
years, with equal annual payments.
(ii) A Federal revenue sharing program
providing funding to States to support 50
percent of the K-16 education costs of each
State which agrees to adopt an equitable public
school finance system.
(iii) A plan to meet the promised levels of
certain provisions listed under the National
Security Intelligence Reform Act of 2004
(Public Law 108-458), including those sections
related to air cargo security (subtitle C of
title IV of such Act), detention bed space
(section 5204 of such Act), and border patrol
agents (section 5202 of such Act); to create a
dedicated funding stream for port security and
improvements at levels recommended by the
United States Coast Guard; and to increase
expenditures for first responder grant programs
funded under the Department of Homeland
Security.
(iv) A Federal program providing quality
health care insurance coverage (for the current
estimated 45 million uninsured Americans).
(v) An increase in the military basic pay
rate to a level comparable with that of Federal
civilian pay, considering, but not being
limited to, the following criteria: age,
education, skills, years of service, and
responsibilities.
(vi) A Federal revenue sharing program
supporting community and economic development
investments in new markets (rural and urban
areas) at a level equal to 10 percent of
current Federal tax revenues.
(vii) A plan to increase the pay for
National Guard and Reserve soldiers to that of
active duty military for periods of extended
deployments abroad.
(viii) A Social Security and Medicare
solvency plan ensuring that revenues continue
to exceed expected outlays.
(5) Progressivity.--The base standard transaction fee shall
not be greater than 1 percent for all noncash transactions
under $500. If more revenues are needed to meet the
requirements of paragraph (4), the Secretary of the Treasury
would calculate the minimum level of progressivity required to
cover these costs. This progressivity factor may include--
(A) a higher transaction fee for all transactions
above $500, and
(B) a progressive schedule of rates to tiered
ranges of transactions above $500.
(6) General provisions.--
(A) Liability for fee.--Persons become liable for
the fee at the moment the person exercises control over
a piece of property or service, regardless of the
payment method.
(B) Collection.--The fees will be collected by the
seller or financial institution servicing the
transaction.
(c) Report of Study.--
(1) In general.--The results of the study shall be
submitted to the Congress by the Secretary of the Treasury in a
comprehensive analytical report, detailing--
(A) the methodology employed in the calculation of
the fee rate,
(B) the factors considered in assessing feasibility
of the proposed revenue generating system and the
weight applied to each, and
(C) the portion of the transaction fee attributable
to each of the programs identified in subsection
(b)(4)(B) and the methodology used to calculate each.
(2) Other requirements.--The study shall (in the following
order)--
(A) compute the fee needed to meet current revenue
generation,
(B) compute the fee needed to meet revenue
neutrality and generate additional revenue to support
the program described in subsection (b)(4)(B)(i)
(relating to national debt reduction plan),
(C) compute the fee needed to meet revenue
neutrality and generate additional revenue to support
all the programs described in subsection (b)(4)(B), and
(D) determine the utility of pegging changes in the
transaction fee schedule of rates to the rate of
inflation.
(3) Comparative analysis.--The study shall include a
comparative analysis of the existing revenue-raising system
versus the proposed fee-based system on economic behavior. The
study shall include an analysis of effect of the 2 systems on--
(A) job creation,
(B) economic growth,
(C) consumption,
(D) investments, and
(E) savings levels.
(4) Types of transactions.--The study shall include a
broad-based examination of all types and categories of
transactions, including information on frequency and value of
transactions in each category.
(5) Impact of exemptions.--The study shall examine the
impact of the transaction fee exemption for all cash
transactions under $500.
(6) Program operations.--The study shall provide
instructions on program operations, including--
(A) transaction fee collection,
(B) transaction fee implementation, and
(C) transaction fee compliance, enforcement, and
administrative costs.
(7) Distortions.--The study shall include an analysis,
prepared by the Secretary of the Treasury in consultation with
the Secretaries of Commerce and Labor, offering methods of
preventing and relieving potential distortions among economic
sectors created by the implementation of the transaction fee.
The study shall also include an analysis of the feasibility of
temporarily (for a period of not longer than 1 year) reducing
the fee rate (as otherwise determined in subsection (b)(4))
applicable to an economic sector if such sector is experiencing
pronounced economic distress.
(8) Fee as tool of fiscal policy.--The study shall assess
the transaction fee as a tool of Federal fiscal policy,
including an impact analysis on the elimination or retention of
existing tax expenditures, incentives, penalties, and credits.
The study should also research and comment on options for
rebating citizens currently not subject to Federal income taxes
or other current aspects of the Federal tax code including, but
not limited to--
(A) the earned income credit,
(B) the alternative minimum tax,
(C) the child tax credit, and
(D) the deduction for mortgage interest.
(9) Impact of fee by income levels.--The study shall
include an assessment of the impact of the transaction fee by
quartile income levels.
(10) Implementation plan.--The study shall include a
detailed action plan on how best to implement a transaction fee
in the United States and shall include information on timeline,
agency reform, potential pertinent regulatory issues, and type
of congressional action needed.
(11) Internal revenue service.--The study shall--
(A) assume the transition and grandfathering of all
existing personnel of the Internal Revenue Service,
(B) examine elements of the current Internal
Revenue Service needed to administer the transaction
fee, and
(C) examine the feasibility of modifying the
overall mission and jurisdiction of the Internal
Revenue Service from one focused on tax law application
to one focused on uncovering waste, fraud, and abuse
throughout the Federal Government.
(d) Due Date.--The report of the study shall be submitted to the
Congress not later than 1 year after the date of the enactment of this
Act. | Comprehensive Transform America Transaction Fee Act of 2005 - Directs the Secretary of the Treasury to conduct an in-depth study on the implementation of a transaction fee in the United States to replace all existing Federal taxes. Sets forth guidelines for such study, including: (1) an identification of the transactions to which such fee would apply; (2) exclusions from such fee; (3) the rate of such fee; (4) potential uses for revenue from such fee; (5) progressivity standards; and (6) general matters, including point of liability for such fee and responsibility for collection.
Requires the Secretary to report to Congress on the results of such study within one year after the enactment of this Act with a comprehensive analysis of various aspects of the transaction fee, including revenue generation, impact on the national economy, and implementation. | {"src": "billsum_train", "title": "To require a study and comprehensive analytical report on transforming America by reforming the Federal tax code through elimination of all Federal taxes on individuals and corporations and replacing the Federal tax code with a transaction fee-based system."} | 2,066 | 171 | 0.558604 | 1.799069 | 0.900351 | 2.848485 | 12.393939 | 0.921212 |
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) Analysis of Impacts of Actions on Employment and Economic
Activity.--
(1) Analysis.--Prior to issuing a regulation, policy
statement, guidance, or other requirement, implementing any new
or substantially altered program, or issuing or denying any
permit, the Administrator shall analyze the impact,
disaggregated by State, of such regulation, policy statement,
guidance, requirement, program, or permit on employment levels
and economic activity.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall utilize the best available economic
models.
(B) Annual gao report.--Not later than December
31st of each year, the Comptroller General of the
United States shall submit to Congress a report on the
economic models used by the Administrator to carry out
this subsection.
(3) Availability of information.--With respect to any
regulation, policy statement, guidance, requirement, program,
or permit, the Administrator shall--
(A) post the analysis under paragraph (1) as a link
on the main page of the public Web site of the
Environmental Protection Agency; and
(B) request that the Governor of any State
experiencing more than a de minimis negative impact
post such analysis in the Capitol of such State.
(4) Clean water act and other permits.--Analysis under
paragraph (1) shall 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 (33 U.S.C. 1251 et seq.).
(b) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (a)(1) that a regulation, policy statement,
guidance, requirement, program, or permit will have more than a
de minimis negative impact on employment levels or economic
activity in a State, then the Administrator shall hold a public
hearing in each such State at least 30 days prior to--
(A) the effective date of the regulation, policy
statement, guidance, requirement, or program; or
(B) the denial or issuance of the permit.
(2) Time, location, and selection.--A public hearing
required by paragraph (1) shall be held at a convenient time
and location for impacted residents. In selecting a location
for such a public hearing, 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
such State may bring an action in any United States
district court in such State to compel compliance with
such paragraphs.
(B) Relief.--If a party prevails in an action
against the Administrator under subparagraph (A), then
the district court--
(i) shall enjoin the regulation, policy
statement, guidance, requirement, program, or
permit that is the subject of the action; and
(ii) may award reasonable attorneys fees
and costs.
(C) Appeal.--Upon appeal of an injunction issued
under subparagraph (B), the court of appeals--
(i) shall require the submission of briefs
not later than 30 days after the filing of such
appeal;
(ii) may not stay the injunction prior to
hearing oral arguments; and
(iii) shall make its final decision not
later than 90 days after the filing of such
appeal.
(c) Notification.--If the Administrator concludes under subsection
(a)(1) that a regulation, policy statement, guidance, requirement,
program, or permit will have more than a de minimis negative impact on
employment levels or economic activity in any State, then the
Administrator shall give notice of such impact to the State's
Congressional delegation, Governor, and Legislature at least 45 days
prior to--
(1) the effective date of the regulation, policy statement,
guidance, requirement, or program; or
(2) the denial or issuance of the permit.
(d) 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 the following:
(A) With respect to employment levels, a loss of
more than 100 jobs. Any 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.
(B) With respect to economic activity, a decrease
in economic activity of more than $1,000,000 over any
calendar year. 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. | Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA), prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, to analyze its impact on employment levels and economic activity, disaggregated by state. 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; and (3) give notice of such impact in a state to such state's congressional delegation, governor, and legislature at least 45 days 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) with respect to employment levels, a loss of more than 100 jobs; and (2) with respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. | {"src": "billsum_train", "title": "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, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, and for other purposes."} | 1,112 | 298 | 0.738242 | 2.270247 | 0.843913 | 5.247191 | 3.906367 | 0.940075 |
SECTION 1. DESIGNATION OF INCOME TAX PAYMENTS TO HOMELESS VETERANS
ASSISTANCE FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO HOMELESS VETERANS
ASSISTANCE FUND
``Sec. 6098. Designation to Homeless Veterans Assistance Fund.
``SEC. 6098. DESIGNATION TO HOMELESS VETERANS ASSISTANCE FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $3
or more may designate that $3 shall be paid over to the Homeless
Veterans Assistance Fund in accordance with the provisions of section
9511. In the case of a joint return of husband and wife having an
adjusted income tax liability of $6 or more, each spouse may designate
that $3 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.''.
(b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98
of such Code (relating to establishment of trust funds) is amended by
adding at the end the following new section:
``SEC. 9511. HOMELESS VETERANS ASSISTANCE FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Homeless Veterans
Assistance Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Homeless Veterans Assistance Fund amounts equivalent to the amounts
designated under section 6098.
``(c) Expenditures.--
``(1) In general.--Amounts in the Homeless Veterans
Assistance Fund shall be available, as provided in
appropriation Acts, to supplement funds appropriated to the
Department of Veterans Affairs and the Department of Labor
Veterans Employment and Training Service for the purpose of
providing services to homeless veterans.
``(2) Allocation of distribution.--Funds made available
under paragraph (1) shall be allocated in proportion to the
funding for homeless veterans programs administered by the
Department of Veterans Affairs and the Department of Labor
Veterans Employment and Training Service.
``(3) Expenditure of funds.--The Department of Veterans
Affairs and the Department of Labor Veterans Employment and
Training Service may obligate funds to support any homeless
veteran program authorized under title 38, United States Code.
``(d) President's Annual Budget Information.--Beginning with the
President's annual budget submission for fiscal year 2011 and every
year thereafter, the Department of Veterans Affairs and Department of
Labor shall include a description of the use of funds from the Homeless
Veterans Assistance Fund from the previous fiscal year and the proposed
use of such funds for the next fiscal year.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``PART IX--Designation of Income Tax Payments to Homeless Veterans
Assistance Fund''.
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Homeless Veterans Assistance Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to establish in the Treasury the Homeless Veterans Assistance Fund and to allow individual taxpayers to designate on their tax returns $3.00 of income taxes ($6.00 in the case of joint returns) to be paid over to such Fund to provide assistance to homeless veterans.
Requires that the President's annual budget submission for FY2011 and subsequent years contain a description of the use of funds from the Homeless Veterans Assistance Fund. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow taxpayers to designate a portion of their income tax payment to provide assistance to homeless veterans, and for other purposes."} | 1,117 | 96 | 0.552199 | 1.510956 | 0.635018 | 3.25 | 11.690476 | 0.845238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Institutes for Mental
Disease Are Decisive in Delivering Inpatient Treatment for Individuals
but Opportunities for Needed Access are Limited without Information
Needed about Facility Obligations Act'' or the ``Medicaid IMD
ADDITIONAL INFO Act''.
SEC. 2. MACPAC EXPLORATORY STUDY AND REPORT ON INSTITUTIONS FOR MENTAL
DISEASES REQUIREMENTS AND PRACTICES UNDER MEDICAID.
(a) In General.--Not later than January 1, 2020, the Medicaid and
CHIP Payment and Access Commission established under section 1900 of
the Social Security Act (42 U.S.C. 1396) shall conduct an exploratory
study, using data from a representative sample of States, and submit to
Congress a report on at least the following information, with respect
to services furnished to individuals enrolled under State plans under
the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et
seq.) (or waivers of such plans) who are patients in institutions for
mental diseases and for which payment is made through fee-for-service
or managed care arrangements under such State plans (or waivers):
(1) A description of such institutions for mental diseases
in each such State, including at a minimum--
(A) the number of such institutions in the State;
(B) the facility type of such institutions in the
State; and
(C) any coverage limitations under each such State
plan (or waiver) on scope, duration, or frequency of
such services.
(2) With respect to each such institution for mental
diseases in each such State, a description of--
(A) such services provided at such institution;
(B) the process, including any timeframe, used by
such institution to clinically assess and reassess such
individuals; and
(C) the discharge process used by such institution,
including any care continuum of relevant services or
facilities provided or used in such process.
(3) A description of--
(A) any Federal waiver that each such State has for
such institutions and the Federal statutory authority
for such waiver; and
(B) any other Medicaid funding sources used by each
such State for funding such institutions, such as
supplemental payments.
(4) A summary of State requirements (such as certification,
licensure, and accreditation) applied by each such State to
such institutions in order for such institutions to receive
payment under the State plan (or waiver) and how each such
State determines if such requirements have been met.
(5) A summary of State standards (such as quality
standards, clinical standards, and facility standards) that
such institutions must meet to receive payment under such State
plans (or waivers) and how each such State determines if such
standards have been met.
(6) Recommendations for actions by Congress and the Centers
for Medicare & Medicaid Services. such as how State Medicaid
programs may improve care and improve standards and including a
recommendation for how the Centers for Medicare & Medicaid
Services can improve data collection from such programs to
address any gaps in information.
(b) Stakeholder Input.--In carrying out subsection (a), the
Medicaid and CHIP Payment and Access Commission shall seek input from
State Medicaid directors and stakeholders, including at a minimum the
Substance Abuse and Mental Health Services Administration, Centers for
Medicare & Medicaid Services, State Medicaid officials, State mental
health authorities, Medicaid beneficiary advocates, health care
providers, and Medicaid managed care organizations.
(c) Definitions.--In this section:
(1) Representative sample of states.--The term
``representative sample of States'' means a non-probability
sample in which at least two States are selected based on the
knowledge and professional judgment of the selector.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and any commonwealth or territory of
the United States.
(3) Institution for mental diseases.--The term
``institution for mental diseases'' has the meaning given such
term in section 435.1009 of title 42,
Code of Federal Regulations, or any successor regulation.
Passed the House of Representatives June 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act or the Medicaid IMD ADDITIONAL INFO Act (Sec. 2) This bill requires the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission to report on information relating to services for Medicaid enrollees who are patients in institutions for mental diseases (IMDs), including: (1) the number and type of IMDs in each sampled state and associated coverage limitations, (2) services and processes provided at such IMDs, (3) applicable federal waivers and other Medicaid funding sources for such IMDs, (4) state requirements for such IMDs to receive funding, and (5) recommendations to improve standards and data collection for IMDs. | {"src": "billsum_train", "title": "Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act"} | 937 | 181 | 0.618147 | 1.812333 | 0.782077 | 3.019868 | 5.675497 | 0.887417 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ecstasy Prevention Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The illegal importation and use of 3,4-methylenedioxy
methamphetamine (referred to in this Act as ``MDMA'' or
``Ecstasy'') has increased more than 400 percent during the
past 3 years, as evidenced by Ecstasy seizures by the United
States Customs Service.
(2) Some research has indicated that the use of Ecstasy can
cause long-lasting and perhaps permanent damage to the
serotonin system of the brain, and can cause long-term problems
with learning and memory.
(3) Due to the popularity and marketability of Ecstasy, and
the skyrocketing use, seizures, and deaths, greater emphasis
needs to be placed on--
(A) the education of young people on the negative
health effects of Ecstasy (and other club drugs) since
the reputation of Ecstasy as a ``safe drug'' is its
most dangerous component;
(B) the education of State and local law
enforcement agencies and health care professionals and
personnel regarding the growing problem of Ecstasy use
and trafficking;
(C) adequate funding for the National Institutes of
Health to support and report on research that documents
the health effects of Ecstasy use; and
(D) State and local government initiatives.
SEC. 3. GRANTS FOR ECSTASY ABUSE PREVENTION.
Section 506B(c) of title V of the Public Health Service Act is
amended by adding at the end the following:
``(3) Effective programs.--
``(A) In general.--In addition to the priority
under paragraph (2), the Administrator shall give
priority to communities that have taken measures to
combat club drug use, including passing ordinances
restricting rave clubs, increasing law enforcement on
Ecstasy, and seizing lands under nuisance abatement
laws to make new restrictions on an establishment's
use.
``(B) State priority.--A priority grant may be made
to a State under this paragraph on a pass-through basis
to an eligible community.''.
SEC. 4. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH INTENSITY DRUG
TRAFFICKING AREAS.
(a) Program.--
(1) In general.--The Director of the Office of National
Drug Control Policy shall use amounts available under this
section to combat the trafficking of MDMA in areas designated
by the Director as high intensity drug trafficking areas.
(2) Activities.--In meeting the requirement in paragraph
(1), the Director shall transfer funds to assist anti-Ecstasy
law enforcement initiatives in high intensity drug trafficking
areas, including assistance for investigative costs,
intelligence enhancements, technology improvements, and
training.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section--
(A) $15,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for each of the
fiscal years 2003 through 2005.
(2) No supplanting.--Any Federal funds received under this
section shall be used to supplement, not supplant, non-Federal
funds that would otherwise be used to carry out activities
funded under this section.
(c) Apportionment of Funds.--The Director shall apportion amounts
appropriated for a fiscal year pursuant to the authorization of
appropriations in subsection (b) for activities under subsection (a)
among and within areas designated by the Director and based on the
threat assessments submitted by individual high intensity drug
trafficking areas.
SEC. 5. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
(a) In General.--In conducting the national media campaign under
section 102 of the Drug-Free Media Campaign Act of 1998, the Director
of the Office of National Drug Control Policy shall ensure that such
campaign addresses the reduction and prevention of abuse of MDMA and
club and emerging drugs among young people in the United States.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $7,000,000 for fiscal year 2002; and
(2) such sums as are necessary for each of the fiscal years
2003 through 2005.
SEC. 6. MDMA DRUG TEST.
There are authorized to be appropriated to the Office of National
Drug Control Policy such sums as are necessary to commission a drug
test for MDMA which would meet the standards for the Federal Workplace.
SEC. 7. NATIONAL INSTITUTE ON DRUG ABUSE REPORT.
(a) Research.--The Director of the National Institute on Drug Abuse
(referred to in this section as the ``Director'') shall conduct
research--
(1) that evaluates the effects that MDMA use can have on an
individual's health, such as--
(A) physiological effects such as changes in
ability to regulate one's body temperature, stimulation
of the cardiovascular system, muscle tension, teeth
clenching, nausea, blurred vision, rapid eye movement,
tremors, and other such conditions, some of which can
result in heart failure or heat stroke;
(B) psychological effects such as mood and mind
altering and panic attacks which may come from altering
various neurotransmitter levels such as serotonin in
the brain;
(C) short-term effects like confusion, depression,
sleep problems, severe anxiety, paranoia,
hallucinations, and amnesia; and
(D) long-term effects on the brain with regard to
memory and other cognitive functions, and other medical
consequences; and
(2) documenting those research findings and conclusions
with respect to MDMA that are scientifically valid and identify
the medical consequences on an individual's health.
(b) Final Report.--Not later than January 1, 2003, the Director
shall submit a report to the Congress.
(c) Report Public.--The report required by this section shall be
made public.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 to carry out this section.
SEC. 8. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE.
(a) Establishment.--
(1) In general.--The Director of the Office of National
Drug Control Policy shall establish a Task Force on Ecstasy/
MDMA and Emerging Club Drugs (referred to in this section as
the ``task force'') which shall--
(A) design, implement, and evaluate the education,
prevention, and treatment practices and strategies of
the Federal Government with respect to Ecstasy, MDMA,
and emerging club drugs; and
(B) specifically study the club drug problem and
report its findings to Congress.
(2) Membership.--The task force shall--
(A) be under the jurisdiction of the Director of
the Office of National Drug Control Policy, who shall
designate a chairperson; and
(B) include as members law enforcement, substance
abuse prevention, judicial, and public health
professionals as well as representatives from Federal,
State, and local agencies.
(b) Responsibilities.--The responsibilities of the task force shall
be--
(1) to evaluate the current practices and strategies of the
Federal Government in education, prevention, and treatment for
Ecstasy, MDMA, and other emerging club drugs and recommend
appropriate and beneficial models for education, prevention,
and treatment;
(2) to identify appropriate government components and
resources to implement task force recommendations; and
(3) to make recommendations to the President and Congress
to implement proposed improvements in accordance with the
National Drug Control Strategy and its budget allocations.
(c) Meetings.--The task force shall meet at least once every 6
months.
(d) Termination.--The task force shall terminate 3 years after the
date of enactment of this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 to carry out this section. | Ecstasy Prevention Act of 2001 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to give priority in the award of certain grants to States on a pass-through basis to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy (3,4-methylenedioxy methamphetamine or MDMA), and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use.Requires the Director of the Office of National Drug Control Policy to: (1) use amounts available under this Act to combat the trafficking of Ecstasy in designated high intensity drug trafficking areas; and (2) ensure that the national media campaign under the Drug-Free Media Campaign Act of 1998 addresses the reduction and prevention of abuse of Ecstasy and club and emerging drugs among young people in the United States.Provides for: (1) funding for an Ecstasy drug test which would meet Federal workplace standards; and (2) a mandatory research study by the Director of the National Institute on Drug Abuse that evaluates the effects that Ecstasy use can have on an individual's health.Requires the Director of the Office of National Drug Control Policy to establish an interagency Task Force on Ecstasy/MDMA and Emerging Club Drugs. | {"src": "billsum_train", "title": "A bill to combat the trafficking, distribution, and abuse of Ecstasy (and other club drugs) in the United States."} | 1,767 | 303 | 0.661669 | 1.982064 | 0.966316 | 4.770161 | 6.342742 | 0.955645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Law Technical Corrections
Act of 1997''.
SEC. 2. DEFINITIONS.
Section 101 of title 11, United States Code, is amended--
(1) by striking ``In this title--'' and inserting ``In this
title:'',
(2) in paragraph (51B) by inserting ``family farms or''
after ``other than'',
(3) in paragraph (35)(B) by striking ``paragraphs (21B) and
(33)(A)'' and inserting ``paragraphs (23) and (35)'',
(4) in each paragraph by inserting ``The term'' after the
paragraph designation,
(5) in paragraphs (35A) and (38) by striking ``; and'' at
the end and inserting a period,
(6) in paragraph (54) by inserting ``, creation of a
lien,'' after ``security interest'',
(7) in paragraphs (1) through (35), in paragraphs (36) and
(37), and in paragraphs (40) through (55), by striking the
semicolon at the end and insert a period, and
(8) by redesignating paragraphs (4) through (55) in
numerical sequence.
SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS.
Section 104 of title 11, United States Code, is amended by
inserting ``522(f)(3),'' after ``522(d),'' each place it appears.
SEC. 4. EXTENSION OF TIME.
Section 108(c)(2) of title 11, United States Code, is amended by
striking ``922'' and all that follows through ``or'', and inserting
``922, 1201, or''.
SEC. 5. PENALTY FOR PERSONS WHO NEGLIGENTLY OR FRAUDULENTLY PREPARE
BANKRUPTCY PETITIONS.
Section 110(j)(3) of title 11, United States Code, is amended by
striking ``attorney's'' and inserting ``attorneys' ''.
SEC. 6. ELIGIBILITY TO SERVE AS TRUSTEE.
Paragraphs (1) and (2) of section 321(a) of title 11, United States
Code, are amended by striking ``7, 12,'' and inserting ``12''.
SEC. 7. EMPLOYMENT OF PROFESSIONAL PERSONS.
(a) Authority of Trustee.--Section 327 of title 11, United States
Code, is amended--
(1) in subsection (b) by striking ``section 721,,'' and
inserting ``721,'',
(2) in subsection (c) by striking ``chapter 7'' and all
that follows through ``or'' the first place it appears, and
inserting ``chapter 7, 12, or'', and
(3) in subsection (d) by striking ``act as attorney or
accountant'' and inserting ``render professional services of
the kind described in subsection (a)''.
(b) Limitation on Compensation.--Section 328(b) of title 11, United
States Code, is amended--
(1) by striking ``serve as an attorney or accountant'' and
inserting ``render professional services'',
(2) by striking ``such attorney or accountant'' and
inserting ``a professional person who renders such services'',
(3) by striking ``attorney or accountant'' and inserting
``such professional person'', and
(4) by striking ``an attorney or accountant'' and inserting
``such a professional person''.
SEC. 6. LIMITATION ON COMPENSATION OF PROFESSIONAL PERSONS.
Section 328(a) of title 11, United States Code, is amended in
subsection (a) by inserting ``on a fixed or percentage fee basis,''
after ``hourly basis,''.
SEC. 7. COMPENSATION TO OFFICERS.
Section 330(a) of title 11, United States Code, is amended--
(1) in paragraph (1) by inserting ``, or the debtor's
attorney'' after ``1103'', and
(2) in paragraph (3) by striking ``(3)(A) In'' and
inserting ``(3) In''.
SEC. 8. SPECIAL TAX PROVISIONS.
Section 346(g)(1)(C) of title 11, United States Code, is amended by
striking ``, except'' and all that follows through ``1986''.
SEC. 9. EFFECT OF CONVERSION.
Section 348(f)(2) of title 11, United States Code, is amended by
inserting ``of the estate'' after ``property'' the first place it
appears.
SEC. 10. AUTOMATIC STAY.
Section 362 of title 11, United States Code, is amended--
(1) in subsection (b)(3) by inserting ``or is taken with
respect to a security interest that is created by a transfer to
which section 547(c)(3) of this title applies'' before the
semicolon at the end, and
(2) in subsection (h) by striking ``individual'' and
inserting ``entity''.
SEC. 11. EXECUTORY CONTRACTS AND UNEXPIRED LEASES.
Section 365 of title 11, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C) by striking ``or'' at the
end, and
(B) by striking subparagraph (D) and inserting the
following:
``(D) the satisfaction of any penalty rate in any executory
contract or unexpired lease; or
``(E) the satisfaction of any provision relating to a
default arising from any failure by the debtor to perform
nonmonetary obligations under any executory contract or
unexpired lease other than an unexpired lease of personal
property.'',
(2) in subsection (c)--
(A) in paragraph (2) by adding ``or'' at the end,
(B) in paragraph (3) by striking ``or'' at the end
and inserting a period, and
(C) by striking paragraph (4),
(3) in subsection (d) by striking paragraphs (5) through
(9), and
(4) in subsection (f)(1) by striking ``; except that'' and
all that follows through the end of the paragraph and inserting
a period.
SEC. 12. AMENDMENT TO TABLE OF SECTIONS.
The table of sections for chapter 5 by amending the item relating
to section 556 to read as follows:
``556. Contractual right to liquidate a commodities contract or forward
contract.''.
SEC. 13. ALLOWANCE OF ADMINISTRATIVE EXPENSES.
Section 503(b)(4) of title 11, United States Code, is amended by
inserting ``subparagraph (A), (B), (C), (D), or (E) of'' before
``paragraph (3)''.
SEC. 14. PRIORITIES.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3)(B) by striking the semicolon at the
end and inserting a period, and
(2) in paragraph (7) by inserting ``unsecured'' after
``allowed''.
SEC. 15. EXEMPTIONS.
Section 522 of title 11, United States Code, is amended--
(1) in subsection (f)(1)(A)(ii)(II)--
(A) by striking ``includes a liability designated
as'' and inserting ``is for a liability that is
designated as, and is actually in the nature of,'', and
(B) by striking ``support.'' and inserting
``support'', and
(2) in subsection (g)(2) by striking ``subsection (f)(2)''
and inserting ``subsection (f)(1)(B)''.
SEC. 16. EXCEPTIONS TO DISCHARGE.
Section 523 of title 11, United States Code, is amended--
(1) in subsection (a)(3) by striking ``or (6)'' each place
it appears and inserting ``(6), or (15)'',
(2) as amended by section 304(e) of Public Law 103-394 (108
Stat. 4133), in paragraph (15)--
(A) by inserting ``or'' after the semicolon at the
end, and
(B) by transferring such paragraph so as to insert
it after paragraph (14) of subsection (a),
(3) in subsection (a)(15), as so redesignated by paragraph
(2), by inserting ``to a spouse, former spouse, or child of the
debtor and'' after ``(15)'',
(4) in subsection (a)(17)--
(A) by striking ``by a court'' and inserting ``on a
prisoner by a Federal court'', and
(B) by striking ``section 1915 (b) or (f)'' and
inserting ``subsection (b) or (f)(2) of section 1915'',
and
(5) in subsection (e) by striking ``a insured'' and
inserting ``an insured''.
SEC. 17. EFFECT OF DISCHARGE.
Section 524(a)(3) of title 11, United States Code, is amended by
striking ``section 523'' and all that follows through ``or that'', and
inserting ``section 523, 1228(a)(1), or 1328(a)(1) of this title, or
that''.
SEC. 18. PROTECTION AGAINST DISCRIMINATORY TREATMENT.
Section 525(c) of title 11, United States Code, is amended--
(1) in paragraph (1) by inserting ``student'' before
``grant'' the second place it appears, and
(2) in paragraph (2) by striking ``the program operated
under part B, D, or E of'' and inserting ``any program operated
under''.
SEC. 19. PROPERTY OF THE ESTATE.
Section 541(b)(4)(B)(ii) of title 11, United States Code (as added
by section 208(b) of the Bankruptcy Reform Act of 1994), is amended by
inserting ``365 or'' before ``542''.
SEC. 20. LIMITATIONS ON AVOIDING POWERS.
Section 546 of title 11, United States Code, is amended by
redesignating the second subsection (g) as subsection (h).
SEC. 21. LIABILITY OF TRANSFEREE OF AVOIDED TRANSFER.
(a) In General.--Section 550(c) of title 11, United States Code, is
amended--
(1) in paragraph (1) by striking ``avoided under section
547(b)'' and inserting ``avoidable under section 547'', and
(2) in the matter following paragraph (2), by striking
``recover under subsection (a) from a transferee that is not an
insider'' and inserting ``avoid under section 547 such
transfer, to the extent that such transfer was made for the
benefit of a transferee that was not an insider at the time of
such transfer, or recover under subsection (a) from a
transferee that was not an insider at the time of such
transfer''.
(b) Conforming Amendment.--Section 547(b) of title 11, United
States Code, is amended by inserting ``or in section 550(c) of this
title'' after ``subsection (c) of this section''.
SEC. 22. SETOFF.
Section 553(b)(1) of title 11, United States Code, is amended by
striking ``362(b)(14)'' and inserting ``362(b)(17)''.
SEC. 23. DISPOSITION OF PROPERTY OF THE ESTATE.
Section 726(b) of title 11, United States Code, is amended by
striking ``1009,''.
SEC. 24. GENERAL PROVISIONS.
Section 901(a) of title 11, United States Code, is amended by
inserting ``1123(d),'' after ``1123(b),''.
SEC. 25. APPOINTMENT OF ELECTED TRUSTEE.
Section 1104(b) of title 11, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'', and
(2) by adding at the end the following new paragraph:
``(2)(A) If an eligible, disinterested trustee is elected at a
meeting of creditors under paragraph (1), the United States trustee
shall file a report certifying that election. Upon the filing of a
report under the preceding sentence--
``(i) the trustee elected under paragraph (1) shall be
considered to have been selected and appointed for purposes of
this section, and
``(ii) the service of any trustee appointed under
subsection (d) shall terminate.
``(B) In the case of any dispute arising out of an election under
subparagraph (A), the court shall resolve the dispute.''.
SEC. 26. ABANDONMENT OF RAILROAD LINE.
Section 1170(e)(1) of title 11, United States Code, is amended by
striking ``section 11347'' and inserting ``section 11326(a)''.
SEC. 27. CONTENTS OF PLAN.
Section 1172(c)(1) of title 11, United States Code, is amended by
striking ``section 11347'' and inserting ``section 11326(a)''.
SEC. 28. PAYMENTS.
Section 1226(b)(2) of title 11, United States Code, is amended--
(1) by striking ``1202(c) of this title'' and inserting
``586(b) of title 28'', and
(2) by striking ``1202(d) of this title'' and inserting
``586(e)(1)(B) of title 28''.
SEC. 29. DISCHARGE.
Subsections (a) and (c) of section 1228 of title 11, United States
Code, are amended by striking ``1222(b)(10)'' each place it appears and
inserting ``1222(b)(9)''.
SEC. 30. CONTENTS OF PLAN.
Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b) by striking ``(c)'' and inserting
``(d)'', and
(2) in subsection (e) by striking the comma after
``default'' the second place it appears.
SEC. 31. DISCHARGE.
Section 1328(a) of title 11, United States Code, is amended by
striking all after ``except any debt--'' and inserting the following:
``(1) provided for under section 1322(b)(5) of this title;
``(2) of the kind specified in paragraph (5), (8), or (9)
of section 523(a) of this title; or
``(3) for restitution, or a criminal fine, included in a
sentence on the debtor's conviction of a crime.''.
SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS.
Section 1334(d) of title 28, United States Code, is amended--
(1) by striking ``made under this subsection'' and
inserting ``made under subsection (c)'', and
(2) by striking ``This subsection'' and inserting
``Subsection (c) and this subsection''.
SEC. 33. BANKRUPTCY REVIEW COMMISSION.
Section 604 of the Bankruptcy Reform Act of 1994 (108 Stat. 4147)
is amended--
(1) by striking subsection (g), and
(2) by redesignating subsection (h) as subsection (g).
SEC. 34. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE.
Section 156(a) of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``(1) the term'' before ``
`bankruptcy'', and
(B) by striking the period at the end and inserting
``; and'', and
(2) in the second undesignated paragraph--
(A) by inserting ``(2) the term'' before ``
`document'', and
(B) by striking ``this title'' and inserting
``title 11''.
SEC. 35. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on or after the date of the enactment of this Act. | Bankruptcy Law Technical Corrections Act of 1997 - Amends Federal bankruptcy law regarding: (1) definitions affecting family farms and creation of a lien; (2) periodic adjustments of dollar amounts; (3) extensions of time; (4) removal of Chapter 7 (liquidation) cases from the eligibility guidelines governing service as a trustee; (5) compensation for professional persons and the debtor's attorney; (6) the non-applicability of an automatic stay to the creation of a security interest by transfer that is non-avoidable by the trustee; and (7) assumption by the bankruptcy trustee of certain executory contracts with specified defaults, and of unexpired leases of aircraft facilities.
Revises guidelines governing: (1) debtor avoidance of certain judicial liens; (2) exceptions to a discharge from debt and the effect of such discharge; (3) the liability of a transferee of an avoided transfer; (4) appointment of an elected trustee or examiner; and (5) payment for standing trustees pursuant to the judicial code.
Amends the Bankruptcy Reform Act of 1994 to repeal the authorization for a 90-day continuation of membership on the National Bankruptcy Review Commission of certain Commission members who leave government office or, if they were not government officers or employees, become such. | {"src": "billsum_train", "title": "Bankruptcy Law Technical Corrections Act of 1997"} | 3,911 | 283 | 0.418718 | 1.260459 | 0.612516 | 1.616 | 13.536 | 0.792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Consumers Relief Act of
2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered energy-related rule.--The term ``covered
energy-related rule'' means a rule of the Environmental
Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for that
regulation by States or other governmental entities;
and
(B) is estimated by the Administrator or the
Director of the Office of Management and Budget to
impose direct costs and indirect costs, in the
aggregate, of more than $1,000,000,000.
(3) Direct costs.--The term ``direct costs'' has the
meaning given the term in chapter 8 of the document of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(4) Indirect costs.--The term ``indirect costs'' has the
meaning given the term in chapter 8 of the document of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(5) Rule.--The term ``rule'' has the meaning given the term
in section 551 of title 5, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES
THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE
ECONOMY.
Notwithstanding any other provision of law, the Administrator shall
not promulgate as final any covered energy-related rule if the
Secretary determines under section 4(d) that the rule will result in
significant adverse effects to the economy.
SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL
CERTAIN ENERGY-RELATED RULES.
(a) In General.--Before promulgating as final any covered energy-
related rule, the Administrator shall carry out the activities
described in subsections (c) through (d).
(b) Report to Congress.--For each covered energy-related rule, the
Administrator shall submit to Congress a report (and transmit a copy to
the Secretary) containing--
(1) a copy of the rule;
(2) a concise general statement relating to the rule;
(3) an estimate of the total costs of the rule, including
the direct costs and indirect costs of the rule;
(4) an estimate of--
(A) the total benefits of the rule; and
(B) when those benefits are expected to be
realized;
(5) a description of the modeling, the assumptions, and the
limitations due to uncertainty, speculation, or lack of
information associated with the estimates under paragraph (4);
(6) an estimate of the increases in energy prices,
including potential increases in gasoline or electricity prices
for consumers, that may result from implementation or
enforcement of the rule; and
(7) a detailed description of the employment effects,
including potential job losses and shifts in employment, that
may result from implementation or enforcement of the rule.
(c) Initial Determination on Increases and Impacts.--The Secretary,
in consultation with the Federal Energy Regulatory Commission and the
Administrator of the Energy Information Administration, shall prepare
an independent analysis to determine whether the covered energy-related
rule will cause--
(1) any increase in energy prices for consumers, including
low-income households, small businesses, and manufacturers;
(2) any impact on fuel diversity of the electricity
generation portfolio of the United States or on national,
regional, or local electric reliability;
(3) any adverse effect on energy supply, distribution, or
use due to the economic or technical infeasibility of
implementing the rule; or
(4) any other adverse effect on energy supply,
distribution, or use (including a shortfall in supply and
increased use of foreign supplies).
(d) Subsequent Determination on Adverse Effects to the Economy.--If
the Secretary determines, under subsection (c), that the rule will
result in an increase, impact, or effect described in that subsection,
then the Secretary, in consultation with the Administrator, the
Secretary of Commerce, the Secretary of Labor, and the Administrator of
the Small Business Administration, shall--
(1) determine whether the rule will result in significant
adverse effects to the economy, taking into consideration--
(A) the costs and benefits of the rule and
limitations in calculating those costs and benefits due
to uncertainty, speculation, or lack of information;
and
(B) the positive and negative impacts of the rule
on economic indicators, including those related to
gross domestic product, unemployment, wages, consumer
prices, and business and manufacturing activity; and
(2) publish the results of that determination in the
Federal Register. | Energy Consumers Relief Act of 2013 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy (or that provides for such regulation by state or local governments) and that is estimated by the Administrator or the Director of the Office of Management and Budget (OMB) to impose aggregate costs of more than $1 billion if the Secretary of Energy (DOE) determines that the rule will result in significant adverse effects to the economy. Requires the Administrator, for each such rule, to submit a report that contains: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. Requires the Secretary: (1) to prepare an independent analysis to determine whether such rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) upon making such a determination, to determine whether the rule will result in significant adverse effects to the economy and publish such determination in the Federal Register. | {"src": "billsum_train", "title": "Energy Consumers Relief Act of 2013"} | 1,078 | 284 | 0.659211 | 1.822456 | 0.781012 | 4.297398 | 3.750929 | 0.929368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Civilian and Uniformed
Services Long-Term Care Insurance Act of 1999''.
SEC. 2. LONG-TERM CARE INSURANCE.
Subpart G of part III of title 5, United States Code, is amended by
adding after chapter 89 the following:
``Chapter 90--Long-Term Care Insurance
``Sec.
``9001. Definitions.
``9002. Eligibility to obtain coverage.
``9003. Contracting authority.
``9004. Long-term care benefits.
``9005. Financing.
``9006. Regulations.
``Sec. 9001. Definitions
``For purposes of this chapter, the term--
``(1) `activities of daily living' includes--
``(A) eating;
``(B) toileting;
``(C) transferring;
``(D) bathing;
``(E) dressing; and
``(F) continence;
``(2) `annuitant' has the meaning such term would have
under section 8901(3) if, for purposes of such paragraph, the
term `employee' were considered to have the meaning under
paragraph (7) of this section;
``(3) `appropriate Secretary' means--
``(A) except as otherwise provided in this
paragraph, the Secretary of Defense;
``(B) with respect to the United States Coast Guard
when it is not operating as a service of the Navy, the
Secretary of Transportation;
``(C) with respect to the commissioned corps of the
National Oceanic and Atmospheric Administration, the
Secretary of Commerce;
``(D) with respect to the commissioned corps of the
Public Health Service, the Secretary of Health and
Human Services; and
``(E) with respect to members of the Foreign
Service, the Secretary of State;
``(4) `assisted living facility' has the meaning given such
term under section 232 of the National Housing Act (12 U.S.C.
1715w);
``(5) `carrier' means a voluntary association, corporation,
partnership, or other nongovernmental organization that is
lawfully engaged in providing, paying for, or reimbursing the
cost of, qualified long-term care services under group
insurance policies or contracts, or similar group arrangements,
in consideration of premiums or other periodic charges payable
to the carrier;
``(6) `eligible individual' means--
``(A) an employee who has completed 6 months of
continuous service as an employee under other than a
temporary appointment limited to 6 months or less;
``(B) an annuitant;
``(C) a member of the uniformed services on active
duty for a period of more than 30 days or full-time
National Guard duty (as defined under section 101(d)(5)
of title 10) who satisfies such eligibility
requirements as the Office prescribes under section
9006(c);
``(D) a member of the uniformed services entitled
to retired or retainer pay (other than under chapter
1223 of title 10) who satisfies such eligibility
requirements as the Office prescribes under section
9006(c);
``(E) a member of the Foreign Service who--
``(i) is described under section 103(1),
(2), (3), (4), or (5) of the Foreign Service
Act of 1980 (22 U.S.C. 3903(1), (2), (3), (4),
or (5); and
``(ii) satisfies such eligibility
requirements as the Office prescribes under
sanction 9006(c);
``(F) a member of the Foreign Service entitled to
an annuity under the Foreign Service Retirement and
Disability System or the Foreign Service Pension System
who satisfies such eligibility requirements as the
Office prescribes under section 9006(c); or
``(G) a qualified relative of a sponsoring
individual;
``(7) `employee' means--
``(A) an employee as defined under section 8901(1)
(A) through (H); and
``(B) an individual described under section
2105(e);
``(8) `home and community care' has the meaning given such
term under section 1929 of the Social Security Act (42 U.S.C.
1396t(a));
``(9) `long-term care benefits plan' means a group
insurance policy or contract, or similar group arrangement,
provided by a carrier for the purpose of providing, paying for,
or reimbursing expenses for qualified long-term care services;
``(10) `nursing home' has the meaning given such term under
section 1908 of the Social Security Act (42 U.S.C.
1396g(e)(1));
``(11) `Office' means the Office of Personnel Management;
``(12) `qualified long-term care services' has the meaning
given such term under section 7702B of the Internal Revenue
Code of 1986;
``(13) `qualified relative', as used with respect to a
sponsoring individual, means--
``(A) the spouse of such sponsoring individual;
``(B) a parent or parent-in-law of such sponsoring
individual; and
``(C) any other person bearing a relationship to
such sponsoring individual specified by the Office in
regulations; and
``(14) `sponsoring individual' refers to an individual
described under paragraph (6)(A), (B), (C), or (D).
``Sec. 9002. Eligibility to obtain coverage
``(a) Any eligible individual may obtain long-term care insurance
coverage under this chapter for such individual.
``(b)(1) As a condition for obtaining long-term care insurance
coverage under this chapter based on an individual's status as a
qualified relative, certification from the applicant's sponsoring
individual shall be required as to--
``(A) such sponsoring individual's status, as described
under section 9001(6)(A), (B), (C), or (D) (as applicable), as
of the time of the qualified relative's application for
coverage; and
``(B) the existence of the claimed relationship as of that
time.
``(2) Any certification under paragraph (1) shall be submitted at
such time and in such form and manner as the Office shall by regulation
prescribe.
``(c) Nothing in this chapter shall be considered to require that
long-term care insurance coverage be made available in the case of any
individual who would be immediately benefit eligible.
``Sec. 9003. Contracting authority
``(a) Without regard to section 3709 of the Revised Statutes or
other statute requiring competitive bidding, the Office may contract
with qualified carriers to provide group long-term care insurance under
this chapter, except that the Office may not have contracts in effect
under this section with more than 3 qualified carriers.
``(b) To be considered a qualified carrier under this chapter, a
company shall be licensed to issue group long-term care insurance in
all the States and the District of Columbia.
``(c)(1) Each contract under this section shall contain a detailed
statement of the benefits offered (including any maximums, limitations,
exclusions, and other definitions of benefits), the rates charged
(including any limitations or other conditions on any subsequent
adjustment), and such other terms and conditions as may be mutually
agreed to by the Office and the carrier involved, consistent with the
requirements of this chapter.
``(2) The rates charged under any contract under this section shall
reasonably reflect the cost of the benefits provided under such
contract.
``(d) The benefits and coverage made available to individuals under
any contract under this section shall be guaranteed to be renewable and
may not be canceled by the carrier except for nonpayment of charges.
``(e) Each contract under this section shall require the carrier to
agree to--
``(1) pay or provide benefits in an individual case if the
Office (or a duly designated third-party administrator) finds
that the individual involved is entitled to such payment or
benefit under the contract; and
``(2) participate in administrative procedures designed to
bring about the expeditious resolution of disputes arising
under such contract, including, in appropriate circumstances, 1
or more alternative means of dispute resolution.
``(f)(1)(A) Subject to subparagraph (B), each contract under this
section shall be for a term of 5 years, but may be made automatically
renewable from term to term in the absence of notice of termination by
either party.
``(B) The rights and responsibilities of the enrolled individual,
the insurer, and the Office (or duly designated third-party
administrator) under any such contract shall continue until the
termination of coverage of the enrolled individual.
``(2) Group long-term care insurance coverage obtained by an
individual under this chapter shall terminate only upon the occurrence
of--
``(A) the death of the insured;
``(B) exhaustion of benefits, as determined under the
contract;
``(C) insolvency of the insurer, as determined under the
contract; or
``(D) any event justifying a cancellation under subsection
(d).
``(3) Subject to paragraph (2), each contract under this section
shall include such provisions as may be necessary to--
``(A) effectively preserve all parties' rights and
responsibilities under such contract notwithstanding the
termination of such contract (whether due to nonrenewal under
paragraph (1) or otherwise); and
``(B) ensure that, once an individual becomes duly
enrolled, long-term care insurance coverage obtained by such
individual under that enrollment shall not be terminated due to
any change in status (as described under section 9001(6)), such
as separation from Government service or the uniformed
services, or ceasing to meet the requirements for being
considered a qualified relative (whether due to divorce or
otherwise).
``Sec. 9004. Long-term care benefits
``(a) Benefits under this chapter shall be provided under qualified
long-term care insurance contracts, within the meaning of section 7702B
of the Internal Revenue Code of 1986.
``(b) Each contract under section 9003, in addition to any matter
otherwise required under this chapter, shall provide for--
``(1) adequate consumer protections (including through
establishment of sufficient reserves or reinsurance);
``(2) adequate protections in the event of carrier
bankruptcy (or other similar event);
``(3) availability of benefits upon appropriate
certification as to an individual's--
``(A) inability (without substantial assistance
from another individual) to perform at least 2
activities of daily living for a period of at least 90
days due to a loss of functional capacity;
``(B) having a level of disability similar (as
determined under regulations prescribed by the
Secretary of the Treasury in consultation with the
Secretary of Health and Human Services) to the level of
disability described in subparagraph (A); or
``(C) requiring substantial supervision to protect
such individual from threats to health and safety due
to severe cognitive impairment;
``(4) choice of cash or service benefits (such as the
expense-incurred method or the indemnity method);
``(5) inflation protection (whether through simple or
compounded adjustment of benefits); and
``(6) portability of benefits (consistent with section 9003
(d) and (f)).
``(c) To the maximum extent practicable, at least 1 of the policies
being offered under this chapter shall, in addition to any matter
otherwise required under this chapter, provide for--
``(1) length-of-benefit options;
``(2) options relating to the provision of coverage in a
variety of settings, including nursing homes, assisted living
facilities, and home and community care;
``(3) options relating to elimination periods;
``(4) options relating to nonforfeiture benefits; and
``(5) availability of benefits upon appropriate
certification of medical necessity (as defined by the Office in
consultation with the Secretary of Health and Human Services)
not satisfying the requirements of subsection (b)(3).
``(d)(1) The Office shall take all practicable measures to ensure
that, at least 1 of the long-term care benefits plans available under
this chapter shall be a Governmentwide long-term care benefits plan.
``(2) Neither subsection (c)(5) nor the exception under subsection
(e) shall apply with respect to any Governmentwide plan under this
subsection.
``(e) Nothing in this chapter shall be considered to permit or
require the inclusion, in any contract, of provisions inconsistent with
section 7702B of the Internal Revenue Code of 1986 or any other
provision of such Code (except to the extent necessary to carry out
subsection (c)(5)).
``(f) If a State (or the District of Columbia) imposes any
requirement which is more stringent than the requirement imposed by
subsection (b)(1), the requirement imposed by subsection (b)(1) shall
be treated as met if the more stringent requirement of the State (or
the District of Columbia) is met.
``Sec. 9005. Financing
``(a) Except as provided in subsection (b)(2), each individual
having long-term care insurance coverage under this chapter shall be
responsible for 100 percent of the charges for such coverage.
``(b)(1) The amount necessary to pay the charges for enrollment
shall--
``(A) in the case of an employee, be withheld from the pay
of such employee;
``(B) in the case of an annuitant, be withheld from the
annuity of such annuitant;
``(C) in the case of a member of the uniformed services
described under section 9001(6)(C), be withheld from the basic
pay of such member; and
``(D) in the case of a member of the uniformed services
described in section 9001(6)(D), be withheld from the retired
pay or retainer pay payable to such member.
``(2) Withholdings to pay the charges for enrollment of a qualified
relative may, upon election of the sponsoring individual involved, be
withheld under paragraph (1) in the same manner as if enrollment were
for such sponsoring individual.
``(3) All amounts withheld under paragraph (1) or (2) shall be paid
directly to the carrier.
``(c)(1) Any enrollee whose pay, annuity, or retired or retainer
pay (as referred to in subsection (b)(1)) is insufficient to cover the
withholding required for enrollment (or who is not receiving any
regular amounts from the Government, as referred to in subsection
(b)(1), from which any such withholdings may be made) shall pay an
amount described under paragraph (2) (or, in the case of an enrollee
not receiving any regular amounts, the full amount of those charges)
directly to the carrier.
``(2) The amount referred to under paragraph (1) is the amount
equal to the difference between the amount of withholding required for
the enrollment and the amount actually withheld.
``(d) Each carrier participating under this chapter shall maintain
all amounts received under this chapter separate from all other funds.
``(e) Contracts under this chapter shall include appropriate
provisions under which each carrier shall reimburse the Office or other
administering entity for the administrative costs incurred by the
Office or such entity under this chapter (such as for dispute
resolution) which are allocable to such carrier.
``Sec. 9006. Regulations
``(a) The Office shall prescribe regulations necessary to carry out
this chapter.
``(b)(1) Subject to paragraph (2), the regulations of the Office
shall prescribe the time at which and the manner and conditions under
which an individual may obtain long-term care insurance under this
chapter.
``(2) The regulations prescribed under this section shall provide
for an open enrollment period at least once each year (similar to the
open enrollment period provided under section 8905(f)).
``(c) Any regulations necessary to effect the application and
operation of this chapter with respect to an eligible individual or a
qualified relative of such individual shall be prescribed by the Office
in consultation with the appropriate Secretary.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act, except that no coverage may become effective
before the first calendar year beginning after the expiration of the
18-month period beginning on the date of enactment of this Act. | Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999 - Amends Federal civil service provisions to establish a program to provide for long-term care insurance for certain Federal employees and annuitants, current and retired members of the uniformed services, qualified relatives of such individuals, certain members of the Foreign Service, and members of the Foreign Service entitled to an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System.
Authorizes the Office of Personnel Management (OPM), without regard to statutes requiring competitive bidding, to contract with up to three qualified carriers to provide group long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled, except for nonpayment of charges. Provides for five-year, automatically renewable insurance contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits. Requires OPM to ensure that at least one of the benefits plans is a Government-wide plan.
Makes insured individuals responsible for 100 percent of the charges of coverage and allows sponsoring individuals to have amounts withheld from pay for coverage for qualified relatives.
Provides for an open enrollment period at least annually. | {"src": "billsum_train", "title": "Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999"} | 3,597 | 272 | 0.513128 | 1.426509 | 0.764545 | 3.259414 | 14.870293 | 0.857741 |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Home Lead Safety
Tax Credit Act of 2016''.
(b) Findings.--Congress finds that:
(1) Lead is a metal that can produce a wide range of health
effects in humans when ingested. Children are more vulnerable
to lead poisoning than adults.
(2) Lead poisoning is a serious, entirely preventable
threat to a child's intelligence, behavior, and learning. In
severe cases, lead poisoning can result in death.
(3) According to the Department of Housing and Urban
Development, approximately 23 million housing units nationwide
have at least one lead paint hazard.
(4) In fiscal year 2015, funding for Federal lead abatement
programs, such as the Lead Hazard Control Grant Program, only
provided for lead abatement or ``interim control measures'' for
18,600 homes.
(5) Childhood lead poisoning can be dramatically reduced by
the abatement or complete removal of all lead-based hazards.
Empirical studies also have shown substantial reductions in
lead poisoning when the affected properties have undergone
``interim control measures'' that are less costly than
abatement.
(c) Purpose.--The purpose of this section is to encourage the safe
removal of lead hazards from homes and thereby decrease the number of
children who suffer reduced intelligence, learning difficulties,
behavioral problems, and other health consequences due to lead
poisoning.
SEC. 2. HOME LEAD HAZARD REDUCTION ACTIVITY TAX CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. HOME LEAD HAZARD REDUCTION ACTIVITY.
``(a) Allowance of Credit.--
``(1) In general.--Subject to paragraph (2), there shall be
allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to 50 percent of the lead
hazard reduction activity cost paid or incurred by the taxpayer
during the taxable year for each eligible dwelling unit.
``(2) Election to apply costs to prior year.--For purposes
of this section, a taxpayer may elect to treat any lead hazard
reduction activity cost paid or incurred by the taxpayer during
the taxable year as having been paid or incurred during the
preceding taxable year.
``(b) Limitations.--
``(1) In general.--Subject to paragraph (3), the amount of
the credit allowed under subsection (a) for any eligible
dwelling unit for any taxable year shall not exceed--
``(A) $3,000 in the case of lead hazard reduction
activity cost including lead abatement measures
described in clauses (i), (ii), (iv), and (v) of
subsection (c)(1)(A), or
``(B) $1,000 in the case of lead hazard reduction
activity cost including interim lead control measures
described in clauses (i), (iii), (iv), and (v) of
subsection (c)(1)(A).
``(2) Other tax credits.--In the case of any credit against
State or local tax liabilities which is allowable under the
laws of any State or political subdivision thereof to a
taxpayer with respect to any costs paid or incurred by the
taxpayer which would otherwise qualify as lead hazard reduction
activity costs under this section (referred to in this
paragraph as the `State or local tax credit amount'), the
amount of the credit allowed under subsection (a) for any
eligible dwelling unit for any taxable year (determined after
application of paragraph (1)) shall not exceed an amount equal
to the difference between--
``(A) the lead hazard reduction activity cost paid
or incurred by the taxpayer during the taxable year for
such unit, and
``(B) the State or local tax credit amount.
``(3) Limitation per residence.--The cumulative amount of
the credit allowed under subsection (a) for an eligible
dwelling unit for all taxable years shall not exceed $4,000.
``(c) Definitions and Special Rules.--For purposes of this section:
``(1) Lead hazard reduction activity cost.--
``(A) In general.--The term `lead hazard reduction
activity cost' means, with respect to any eligible
dwelling unit--
``(i) the cost for a certified risk
assessor to conduct an assessment to determine
the presence of a lead-based hazard (as such
terms are defined by the Secretary, in
consultation with the Administrator of the
Environmental Protection Agency),
``(ii) the cost for performing lead
abatement measures by a certified lead
abatement supervisor (as such term is defined
by the Secretary, in consultation with the
Administrator of the Environmental Protection
Agency), including the removal of paint, dust,
or pipes, the permanent enclosure or
encapsulation of lead-based paint or pipes, the
replacement of painted surfaces, windows, or
fixtures, or the removal or permanent covering
of soil when lead-based hazards are present,
``(iii) the cost for performing interim
lead control measures to reduce exposure or
likely exposure to lead-based hazards,
including specialized cleaning, repairs,
maintenance, painting, temporary containment,
ongoing monitoring of lead-based hazards, and
the establishment and operation of management
and resident education programs, but only if
such measures are evaluated and completed by a
certified lead abatement supervisor using
accepted methods, are conducted by a qualified
contractor, and have an expected useful life of
more than 10 years,
``(iv) the cost for a certified lead
abatement supervisor, those working under the
supervision of such supervisor, or a qualified
contractor to perform all preparation, cleanup,
disposal, and clearance testing activities
associated with the lead abatement measures or
interim lead control measures, and
``(v) costs incurred by or on behalf of any
occupant of such dwelling unit for any
relocation which is necessary to achieve
occupant protection (as such term is defined by
the Secretary, in consultation with the
Administrator of the Environmental Protection
Agency).
``(B) Limitation.--The term `lead hazard reduction
activity cost' does not include any cost to the extent
such cost is funded by any grant, contract, or
otherwise by another person or any governmental agency.
``(2) Eligible dwelling unit.--
``(A) In general.--The term `eligible dwelling
unit' means, with respect to any taxable year, any
dwelling unit--
``(i) placed in service before 1978,
``(ii) located in the United States, and
``(iii) the residents of which during the
preceding taxable year have a cumulative
adjusted gross income of less than $110,000.
``(B) Dwelling unit.--The term `dwelling unit' has
the meaning given such term by section 280A(f)(1).
``(3) Qualified contractor.--The term `qualified
contractor' means any contractor who has successfully completed
a training course on lead safe work practices which has been
approved by the Department of Housing and Urban Development and
the Environmental Protection Agency.
``(4) Documentation required for credit allowance.--No
credit shall be allowed under subsection (a) with respect to
any eligible dwelling unit for any taxable year unless, after
lead hazard reduction activity is complete, a certified
inspector (as such term is defined by the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency) or certified risk assessor provides written
documentation to the taxpayer that includes--
``(A) evidence that--
``(i) the eligible dwelling unit meets the
lead hazard reduction criteria defined by the
Secretary, in consultation with the
Administrator of the Environmental Protection
Agency, or
``(ii) the eligible dwelling unit meets
lead hazard evaluation criteria established
under an authorized State or local program, and
``(B) documentation showing that the lead hazard
reduction activity meets the requirements of this
section.
``(5) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(6) No double benefit.--Any deduction allowable for costs
taken into account in computing the amount of the credit for
lead-based abatement shall be reduced by the amount of such
credit attributable to such costs.
``(d) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2016, each of the dollar amounts in
subsections (b) and (c)(2)(A)(iii) shall be increased by an amount
equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2015' for
`calendar year 1992' in subparagraph (B) thereof. Any increase
determined under the preceding sentence shall be rounded to the
nearest multiple of $100.''.
(b) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``, 36C'' after ``36B''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting before the item relating to section 37
the following new item:
``Sec. 36C. Home lead hazard reduction activity.''.
(c) Effective Date.--The amendments made by this section shall
apply to lead hazard reduction activity costs incurred after December
31, 2015, in taxable years ending after that date. | Home Lead Safety Tax Credit Act of 2016 This bill allows owners of eligible dwelling units a new tax credit for up to 50% of the lead hazard reduction activity costs for each such unit in a taxable year. An "eligible dwelling unit" is any unit located in the United States that was placed in service before 1978 and the residents of which during the preceding taxable year have a cumulative adjusted gross income of less than $110,000. The bill: (1) specifies the types of lead hazard reduction activity costs eligible for the credit, including risk assessment and abatement costs; and (2) limits the amount of the credit in any taxable year to $3,000 for specified abatement measures and $1,000 for interim lead control measures. | {"src": "billsum_train", "title": "Home Lead Safety Tax Credit Act of 2016"} | 2,172 | 159 | 0.63877 | 1.712513 | 0.702614 | 3.049296 | 14.197183 | 0.894366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National School Lunch Protection Act
of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Through the National School Lunch Program (NSLP) and
the School Breakfast Program (SBP), school food service has
played an integral role in the health and nutrition of American
children, and remains one of the key safety-nets in place to
alleviate childhood hunger and malnutrition domestically. In
2009, the NSLP served more than 31,000,000 students every day,
while the SBP fed over 11,000,000 students.
(2) The NSLP and SBP are shared responsibilities between
the Federal, State, and local governments.
(3) In 2009 the Federal Government spent more than
$12,000,000,000 to support the NSLP and the SBP, to ensure
students across the country received at least one healthy meal
every school day.
(4) Faced with growing student participation and increased
costs, school food service programs across the country are
facing unprecedented budget crises.
(5) According to a recent study by the School Nutrition
Association, 52 percent of school food service programs are
charged indirect costs by local educational agencies. Indirect
costs are costs incurred for a common purpose that benefit more
than one programmatic objective.
(6) According to the study, there is an overall lack of
consistency amongst local educational agencies nationwide about
what method should be used to identify and calculate indirect
costs, and what constitute appropriate direct cost charges to
school food authorities.
(7) School food service must operate on a nonprofit basis,
balance cost with revenue, and ensure all revenue generated is
used to support or improve the food service.
(b) Purposes.--The purposes of this Act are to--
(1) ensure Federal funds are being appropriately spent to
benefit the health and nutrition of American children;
(2) study the impact of indirect and direct costs charged
to the NSLP and SBP programs;
(3) study the types and amounts of indirect and direct
costs charged and recovered by local educational agencies; and
(4) encourage the Secretary to issue regulations to ensure
the effectiveness of Federal support for the NSLP and SBP.
SEC. 3. COST STUDY AND FUNDING.
(a) Guidance on Allowable Costs to School Food Authorities.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture shall issue guidance to school food
authorities participating in the school lunch program established under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) and the school breakfast program established under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) covering program rules
pertaining to allowable costs that may be charged to the nonprofit
school food service accounts of such authorities including, indirect
and direct costs.
(b) Indirect and Direct Costs Study.--The Secretary of Agriculture
shall--
(1) conduct a study to assess the extent to which school
food authorities participating in the school lunch program
established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) pay indirect and direct costs, including
assessments of--
(A) the allocation of indirect and direct costs to
such school food authorities;
(B) the methodologies used to establish indirect
cost rates for such school food authorities;
(C) the types and amounts of indirect and direct
costs charged and recovered by local educational
agencies;
(D) the impact of indirect and direct costs charged
to the nonprofit school food service accounts of such
school food authorities;
(E) whether the indirect and direct costs charged
or recovered are consistent with requirements for the
allocation of costs and school food service operations;
and
(F) the types and amounts of indirect and direct
costs that could be charged or recovered under
requirements for the allocation of costs and school
food service operations but are not charged or
recovered; and
(2) after completing the study required under paragraph
(1), issue additional guidance relating to the types of costs
that are reasonable and necessary to provide meals under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) and section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
(c) Regulations.--After conducting the study under subsection
(b)(1) and identifying costs under subsection (b)(2), the Secretary of
Agriculture may promulgate regulations to address--
(1) any identified deficiencies in the allocation of
indirect and direct costs charged to school food authorities
participating in the lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1773); and
(2) the authority of school food authorities to reimburse
only those costs identified by the Secretary as reasonable and
necessary under subsection (b)(2).
(d) Report.--Not later than October 1, 2013, the Secretary of
Agriculture shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the results of the
study conducted under subsection (b)(2).
(e) Funding.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $2,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
(f) Budgetary Effects.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of 2010,
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage. | National School Lunch Protection Act of 2010 - Directs the Secretary of Agriculture to issue guidance to school food authorities participating in the school lunch and breakfast programs covering program rules pertaining to the costs that may be charged to the nonprofit school food service accounts of such authorities, including indirect and direct costs.
Requires the Secretary to assess the extent to which school food authorities pay such indirect and direct costs, and then issue additional guidance relating to the types of costs that are reasonable and necessary.
Authorizes the Secretary, after the completion of such assessment, to promulgate regulations addressing: (1) any identified deficiencies in the allocation of such indirect and direct costs to school food authorities; and (2) the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to issue guidance to school food authorities on indirect costs, and for other purposes."} | 1,349 | 161 | 0.540776 | 1.538128 | 0.841287 | 5.357143 | 8.357143 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers' Cancer Research Funding
Act of 1997''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
CANCER RESEARCH FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
CANCER RESEARCH FUND
``Sec. 6098. Designation to Breast and
Prostate Cancer Research Fund.
``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $5
or more may designate that $5 shall be paid over to the Breast and
Prostate Cancer Research Fund in accordance with the provisions of
section 9512. In the case of a joint return of husband and wife having
an adjusted income tax liability of $10 or more, each spouse may
designate that $5 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.''
(b) Breast and Prostate Cancer Research Fund.--Subchapter A of
chapter 98 of such Code (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Breast and
Prostate Cancer Research Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Breast and Prostate Cancer Research Fund amounts equivalent to the
amounts designated under section 6098.
``(c) Expenditures.--Amounts in the Breast and Prostate Cancer
Research Fund shall be available, as provided in appropriation Acts,
for purposes of making qualified research grants, to the extent that
such amounts exceed the aggregate of all Federal administrative costs
attributable to the implementation of section 6098, subsections (a) and
(b) of this section, and (with respect to such fund) section 9602. Such
amounts shall be used to supplement, not supplant, existing funding for
research with respect to breast and prostate cancer.
``(d) Qualified Research Grants.--
``(1) In general.--For purposes of subsection (c), the term
`qualified research grant' means a grant, to a qualified person
selected by the National Cancer Institute of the National
Institutes of Health by qualified peer review, for the purpose
of conducting research with respect to breast or prostate
cancer. Such a grant shall be administered by such National
Cancer Institute and the amount of such grant shall be
determined by such Institute.
``(2) Qualified peer review.--For purposes of paragraph
(1), the term `qualified peer review' means peer review
described in sections 492 and 492A of the Public Health Service
Act.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of income tax
payments to Breast and Prostate
Cancer Research Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Breast and Prostate Cancer
Research Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Taxpayers' Cancer Research Funding Act of 1997 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act. | {"src": "billsum_train", "title": "Taxpayers' Cancer Research Funding Act of 1997"} | 1,190 | 58 | 0.537728 | 1.303457 | 1.010433 | 2.979592 | 21.346939 | 0.816327 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Research and
Competitiveness Act of 2014''.
SEC. 2. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.
(a) In General.--Subsection (a) of section 41 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) In General.--For purposes of section 38, the research credit
determined under this section for the taxable year shall be an amount
equal to the sum of--
``(1) 20 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of the
average qualified research expenses for the 3 taxable years
preceding the taxable year for which the credit is being
determined,
``(2) 20 percent of so much of the basic research payments
for the taxable year as exceeds 50 percent of the average basic
research payments for the 3 taxable years preceding the taxable
year for which the credit is being determined, plus
``(3) 20 percent of the amounts paid or incurred by the
taxpayer in carrying on any trade or business of the taxpayer
during the taxable year (including as contributions) to an
energy research consortium for energy research.''.
(b) Repeal of Termination.--Section 41 of such Code is amended by
striking subsection (h).
(c) Conforming Amendments.--
(1) Subsection (c) of section 41 of such Code is amended to
read as follows:
``(c) Determination of Average Research Expenses for Prior Years.--
``(1) Special rule in case of no qualified research
expenditures in any of 3 preceding taxable years.--In any case
in which the taxpayer has no qualified research expenses in any
one of the 3 taxable years preceding the taxable year for which
the credit is being determined, the amount determined under
subsection (a)(1) for such taxable year shall be equal to 10
percent of the qualified research expenses for the taxable
year.
``(2) Consistent treatment of expenses.--
``(A) In general.--Notwithstanding whether the
period for filing a claim for credit or refund has
expired for any taxable year taken into account in
determining the average qualified research expenses, or
average basic research payments, taken into account
under subsection (a), the qualified research expenses
and basic research payments taken into account in
determining such averages shall be determined on a
basis consistent with the determination of qualified
research expenses and basic research payments,
respectively, for the credit year.
``(B) Prevention of distortions.--The Secretary may
prescribe regulations to prevent distortions in
calculating a taxpayer's qualified research expenses or
basic research payments caused by a change in
accounting methods used by such taxpayer between the
current year and a year taken into account in
determining the average qualified research expenses or
average basic research payments taken into account
under subsection (a).''.
(2) Section 41(e) of such Code is amended--
(A) by striking all that precedes paragraph (6) and
inserting the following:
``(e) Basic Research Payments.--For purposes of this section--
``(1) In general.--The term `basic research payment' means,
with respect to any taxable year, any amount paid in cash
during such taxable year by a corporation to any qualified
organization for basic research but only if--
``(A) such payment is pursuant to a written
agreement between such corporation and such qualified
organization, and
``(B) such basic research is to be performed by
such qualified organization.
``(2) Exception to requirement that research be performed
by the organization.--In the case of a qualified organization
described in subparagraph (C) or (D) of paragraph (3),
subparagraph (B) of paragraph (1) shall not apply.'',
(B) by redesignating paragraphs (6) and (7) as
paragraphs (3) and (4), respectively, and
(C) in paragraph (4) as so redesignated, by
striking subparagraphs (B) and (C) and by redesignating
subparagraphs (D) and (E) as subparagraphs (B) and (C),
respectively.
(3) Section 41(f)(3) of such Code is amended--
(A)(i) by striking ``, and the gross receipts'' in
subparagraph (A)(i) and all that follows through
``determined under clause (iii)'',
(ii) by striking clause (iii) of subparagraph (A)
and redesignating clauses (iv), (v), and (vi), thereof,
as clauses (iii), (iv), and (v), respectively,
(iii) by striking ``and (iv)'' each place it
appears in subparagraph (A)(iv) (as so redesignated)
and inserting ``and (iii)'',
(iv) by striking subclause (IV) of subparagraph
(A)(iv) (as so redesignated), by striking ``, and'' at
the end of subparagraph (A)(iv)(III) (as so
redesignated) and inserting a period, and by adding
``and'' at the end of subparagraph (A)(iv)(II) (as so
redesignated),
(v) by striking ``(A)(vi)'' in subparagraph (B) and
inserting ``(A)(v)'', and
(vi) by striking ``(A)(iv)(II)'' in subparagraph
(B)(i)(II) and inserting ``(A)(iii)(II)'',
(B) by striking ``, and the gross receipts of the
predecessor,'' in subparagraph (A)(iv)(II) (as so
redesignated),
(C) by striking ``, and the gross receipts of,'' in
subparagraph (B),
(D) by striking ``, or gross receipts of,'' in
subparagraph (B)(i)(I), and
(E) by striking subparagraph (C).
(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, 2013.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to amounts paid or incurred after December 31,
2013.
SEC. 3. PAYGO SCORECARD.
(a) Paygo Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate Paygo Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
Passed the House of Representatives May 9, 2014.
Attest:
KAREN L. HAAS,
Clerk. | American Research and Competitiveness Act of 2014 - Amends the Internal Revenue Code to establish a permanent research tax credit that allows for: (1) 20% of the qualified or basic research expenses that exceed 50% of the average qualified or basic research expenses for the 3 preceding taxable years, and (2) 20% of amounts paid to an energy research consortium for energy research. Reduces such credit rate to 10% if a taxpayer has no qualified research expenses in any one of the 3 preceding taxable years. Prohibits the entry of the budgetary effects of this Act on any PAYGO scorecard. | {"src": "billsum_train", "title": "American Research and Competitiveness Act of 2014"} | 1,589 | 125 | 0.559448 | 1.560391 | 0.647568 | 2.763158 | 12.263158 | 0.868421 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Independent
Commission on the 2004 Coup d'Etat in the Republic of Haiti (in this
Act referred to as the ``Commission'').
SEC. 2. DUTIES.
(a) Duties.--The Commission shall examine and evaluate the role of
the United States Government in the February 2004 coup d'etat in the
Republic of Haiti. In carrying out the preceding sentence, the
Commission shall examine and evaluate the following:
(1) The extent to which the United States Government
impeded the democratic process in Haiti, including the extent
to which actions and policies of the United States Government
contributed to the overthrow of the democratically-elected
Government of Haiti.
(2) The circumstances under which Haitian President Jean-
Bertrand Aristide resigned his office and went into exile in
the Central African Republic, including the role of the United
States Government in such resignation and exile.
(3) In the events leading up to the coup d'etat, the extent
to which the United States Government fulfilled its obligations
under article 17 of the Organization of American States (OAS)
Inter-American Democratic Charter requiring that each OAS
member country come to the aid of another OAS government under
attack.
(4) The extent to which the United States Government
impeded efforts by the international community, particularly
efforts by Caribbean Community (CARICOM) countries, to prevent
the overthrow of the democratically-elected Government of
Haiti.
(5) The role of the United States Government in influencing
decisions regarding Haiti at the United Nations Security
Council and in discussions between Haiti and other countries
that were willing to assist in the preservation of the
democratically-elected Government of Haiti by sending security
forces to Haiti.
(6) The extent to which United States assistance was
provided or United States personnel were used to support,
directly or indirectly, the forces opposed to the government of
President Aristide, including the extent to which United States
bilateral assistance was channeled through nongovernmental
organizations that were directly or indirectly associated with
political groups actively involved in fomenting hostilities or
violence toward the government of President Aristide.
(7) The involvement of the Central Intelligence Agency,
directly or indirectly, in operations that contributed to the
overthrow of the democratically-elected Government of Haiti.
(8) The impact of the International Republican Institute,
the National Democratic Institute for International Affairs,
and other organizations funded by the United States Agency for
International Development on the political process in Haiti.
(9) The political and economic impact on Haiti of the
decision by the United States Government to discontinue all
United States bilateral assistance to Haiti and United States
efforts to block loans and support for Haiti from international
financial institutions.
(10) The broader implications for Haiti and the Caribbean
region of the events culminating in the coup d'etat.
(b) Scope of Duties.--In carrying out the duties described in
subsection (a), the Commission may examine the actions and
representations of the current Administration as well as prior
Administrations.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 3 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualification Requirement; Deadline for Appointment;
Meetings.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(2) Deadline for appointment.--All members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(3) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(c) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members of the
Commission.
(d) Quorum; Vacancies.--6 members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Sessions.--
(1) In general.--The Commission shall, for the purpose of
carrying out this Act, hold public hearings and meetings to the
extent appropriate, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(2) Additional requirements.--
(A) Public hearings.--Any public hearings of the
Commission shall be conducted in a manner consistent
with the protection of information provided to or
developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(B) Public versions of reports.--The Commission
shall release public versions of the reports required
under section 8.
(b) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter under
investigation by the Commission.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey a subpoena issued under paragraph (1), the
Commission may apply to a United States district court for an
order requiring that person to appear before the Commission to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(c) Contract Authority.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties of this Act.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency information necessary to
enable it to carry out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency shall provide that
information to the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's duties.
(2) Other departments and agencies.--In addition to the
assistance described in paragraph (1), departments and agencies
of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized by
law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 5. STAFF OF COMMISSION.
(a) Appointment and Compensation.--The Chairperson of the
Commission, in consultation with the Vice Chairperson of the
Commission, in accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such other
personnel as may be necessary to enable the Commission to carry out its
duties, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such Act relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
(a) In General.--Subject to subsection (b), the appropriate Federal
agencies or departments shall cooperate with the Commission in
expeditiously providing to the Commission members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(b) Exception.--No person shall be provided with access to
classified information under this Act without the appropriate required
security clearance access.
SEC. 8. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to Congress and the
President interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress and the
President a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Form of Report.--Each report prepared under this section shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 9. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 8(b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
final report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $5,000,000 for fiscal year 2005.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until the date on which the Commission terminates
pursuant to section 9(a). | Establishes in the legislative branch the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti.
Directs the Commission to examine the United States' role in the February 2004 coup d'etat in the Republic of Haiti, including: (1) the extent to which the United States impeded the democratic process in Haiti, including the extent to which U.S. actions and policies contributed to the overthrow of the democratically-elected Government of Haiti; (2) the circumstances of Haitian President Jean-Bertrand Aristide's resignation and exile; (3) the extent to which the United States fulfilled its obligations under the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack; (4) the extent to which the United States impeded international efforts, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the Government of Haiti; (5) the United States' role in influencing United Nations Security Council decisions regarding Haiti and in discussions between Haiti and other countries that were willing to send security forces to assist the Government of Haiti; (6) the extent to which U.S. assistance or personnel, including the Central Intelligence Agency, was used to support the opposition forces; (7) the impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti; (8) the impact on Haiti of the U.S. decision to discontinue bilateral assistance and U.S. efforts to block international financial assistance; and (9) the broader implications for Haiti and the Caribbean region of the events culminating in the coup d'etat.
Terminates the Commission 60 days after submission of its final report. | {"src": "billsum_train", "title": "To establish the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti."} | 2,561 | 386 | 0.793493 | 2.652972 | 0.991697 | 5.784661 | 6.896755 | 0.964602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boundary Waters Canoe Area
Wilderness Expansion, Protection, and Access Act of 1997''.
SEC. 2. MOTORIZED PORTAGES.
Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1650)
is amended by striking subsection (g) and inserting the following:
``(g) Motorized Portages.--
``(1) In general.--Subject to paragraph (2), nothing in
this Act shall prevent the operation of a motorized vehicle and
associated equipment that is necessary to assist in the
transport of a boat across Prairie Portage from the Moose Lake
chain to Basswood Lake, and from Lake Vermilion to Trout Lake
across the Trout Lake Portage.
``(2) Clean and efficient vehicles.--A vehicle operated as
permitted under paragraph (1)--
``(A) may not exceed the dimensions of a \3/4\ ton
pickup truck; and
``(B) shall be a clean-emission and energy-
efficient vehicle, as determined by the Secretary.
``(3) New technology.--The Secretary may require the use of
vehicles under paragraph (1) that utilize appropriate cost-
effective new technology allowing for a cleaner and quieter
motorized vehicle as soon as practicable, as determined by the
Secretary.
``(4) Removal of tow boats.--Not later than 30 days after
the date on which the operation of motorized vehicles begins
under paragraph (1), the Secretary shall terminate any special
use permit for a tow boat in Basswood Lake or South Farm Lake.
``(5) Increase in motorboat permits.--The Secretary shall
allow an appropriate increase in the number of motorboat
permits for September on Basswood Lake to take into account the
removal of commercial tow boats on Basswood Lake.
``(6) No additional facilities.--Nothing in this subsection
permits the building of an overnight facility, building, road,
or amenity at a portage site.
``(7) No subsidy.--The costs of operating a motorized
vehicle under this subsection shall be borne by a
concessionaire without subsidy from any government.
``(8) Continued operation.--If there is no operation of a
motorized vehicle under this subsection by a concessionaire for
a significant portion of the ice-free season for 3 consecutive
years, this subsection shall cease to have effect.''.
SEC. 3. LAND ADDITIONS TO THE WILDERNESS.
Section 3 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1649)
is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 3.'';
and
(2) by adding at the end the following:
``(b) Additional Land.--
``(1) In general.--The wilderness shall include the land
designated on the map entitled `Boundary Waters Canoe Area--
Expansion Proposal', dated July 29, 1997, comprising
approximately 21,700 acres.
``(2) On file.--The map referred to in paragraph (1) shall
be on file and available for public inspection in the offices
of the Chief of the Forest Service and the Supervisor of the
Superior National Forest.
``(3) Detailed legal description and map.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall publish in the Federal Register a detailed legal
description and map showing the new boundaries of the
wilderness.
``(B) Filing with congress.--The Secretary shall
file the legal description and map described in
subparagraph (A) with the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee
on Resources of the House of Representatives.
``(C) Force of law.--The legal description and map
described in subparagraph (A) shall have the same force
and effect as if included in this Act.
``(D) Clerical and typographical errors.--The
Secretary may correct clerical and typographical errors
in the legal description and map described in
subparagraph (A) at any time.
``(4) Timber access roads.--Any timber access road in the
land described in paragraph (1) that is in existence on the
date of enactment of this subsection that is needed for
operations under a timber sale contract in existence on that
date shall remain open only until such time as the operations
are completed and the timber sale contract expires.
``(5) Land exchanges.--Not later that 2 years after the
date of enactment of this subsection, the Secretary shall
identify and convey to the State or a county, in exchange for
land owned by the State or county in the wilderness area
described in paragraph (1), Federal land of approximately
comparable value, taking into consideration factors such as the
timber species, the volume of timber, and the accessibility of
timber on the land.''.
SEC. 4. MOTORBOATS ON CANOE LAKE.
Section 4(c)(2) of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat.
1650) is amended by striking ``; Canoe, Cook County''.
SEC. 5. USE OF PISTON BULLY.
Section 4(i) of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat.
1652) is amended by adding at the end the following: ``The Secretary
shall allow the use of a piston bully or similar device to groom the
portion of the maintained ski trail on the east end of Flour Lake.''.
SEC. 6. PERMIT RESERVATION SYSTEM.
Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1652)
is amended by adding at the end the following:
``(j) Permit Reservation System.--It is the sense of Congress that
the Secretary should take steps, if feasible, to move the permit
reservation system for the wilderness to northeastern Minnesota. In
taking such steps, the Secretary should give preference to a contractor
located in a county in which part of the wilderness lies.''.
SEC. 7. ANNUAL GRANTS.
Section 16 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat.
1658) is amended by adding at the end the following:
``(c) Annual Grants.--Of the amounts made available under section
21, the Secretary shall make a portion available each year to the State
of Minnesota to be used by the Department of Natural Resources to be
used to pay the costs of providing employees and equipment in the
wilderness (in addition to the employees and equipment being provided
before the date of enactment of this subsection) for activities such
as--
``(1) campsite restoration;
``(2) trail and campsite maintenance;
``(3) law enforcement;
``(4) monitoring of the management plan described in
section 20;
``(5) user education; and
``(6) other appropriate activities, as determined by the
Secretary.''.
SEC. 8. AIRSPACE RESERVATION.
The provisions of Executive Order No. 10092 (14 Fed. Reg. 7637)
shall be applicable to the areas depicted as wilderness on the map
referred to in the amendments made by section 3.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 21 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat.
1659) is amended to read as follows:
``SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
``In addition to any other funds authorized to be appropriated for
the wilderness, there are authorized to be appropriated to carry out
this Act--
``(1) $3,500,000 for fiscal year 1998; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on January
1, 1998. | Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997 - Amends Federal law to revise provisions regarding motorized portage in the Boundary Waters Canoe Area Wilderness, Minnesota. Provides that nothing shall prevent the operation of a motorized vehicle and associated equipment necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. Prohibits such vehicles from exceeding the dimensions of a three-quarter ton pickup truck and requires them to be clean-emission and energy efficient.
Requires the Secretary of Agriculture to terminate special use permits for tow boats in Basswood or South Farm Lakes. Increases the number of motorboat permits for September on Basswood Lake to take into account the removal of tow boats. Requires the costs of operating motorized vehicles to be borne by a concessionaire without government subsidies.
Makes provisions regarding motorized portage ineffective if there is no operation of such vehicles for a significant part of the ice-free season for three consecutive years.
Adds lands to the Wilderness.
Prohibits the use of motorboats on Canoe Lake in Cook County.
Requires the Secretary to make funds available annually to the Minnesota Department of Natural Resources for activities such as campsite restoration, trail and campsite maintenance, law enforcement, management plan monitoring, and user education.
Makes a specified executive order regarding an airspace reservation applicable to lands added to the Wilderness under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997"} | 1,788 | 367 | 0.69162 | 2.18319 | 0.978218 | 3.765734 | 5.618881 | 0.877622 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TARP and ARRA Reporting and Waste
Prevention Act''.
SEC. 2. REPORTING REQUIREMENT.
(a) In General.--Every public or private entity shall, no later
than 30 days after receiving or redistributing any funds distributed
under title I of the Emergency Economic Stabilization Act of 2008 or
the American Recovery and Reinvestment Act of 2009, submit a report to
the Secretary of the Treasury detailing such receipt or redistribution.
(b) Report Details.--Each report required by subsection (a) shall
include, with respect to the funds received or redistributed, and to
the extent the information is available--
(1) the amount of such funds;
(2) for funds being redistributed, the public or private
entity receiving such funds;
(3) the specific provision or provisions of title I of the
Emergency Economic Stabilization Act of 2008 or the American
Recovery and Reinvestment Act of 2009 under which such funds
were authorized;
(4) the specific purpose for which such funds are being
received or redistributed, including--
(A) what geographic area such funds are intended
for; and
(B) the specific details on how such funds will be
used;
(5) copies of any contracts entered into by the public or
private entity for projects or services that will be funded in
whole or in part by such funds; and
(6) such other information as the Secretary of the Treasury
may require.
(c) Separate Report on Contracts.--Any public or private entity
that enters into a contract described in subsection (b)(5) shall, no
later than 30 days after the date such contract is entered into, and
every 30 days thereafter until all performance under the contract has
been completed, submit a report to the Secretary of the Treasury
detailing--
(1) the amount of funds distributed under title I of the
Emergency Economic Stabilization Act of 2008 or the American
Recovery and Reinvestment Act of 2009 that have been expended
by such public or private entity in furtherance of the
contract;
(2) the specific details of how such funds were expended
and how such expenditures furthered the fulfillment of the
contract terms;
(3) how many jobs were created by the expenditure of such
funds and the average cost to the public or private entity of
creating such jobs; and
(4) in which geographic areas such funds were expended.
(d) Treatment of Commingled Funds.--For purposes of this section,
any funds that are commingled with funds distributed under title I of
the Emergency Economic Stabilization Act of 2008 or the American
Recovery and Reinvestment Act of 2009, such that the source of any
particular funds within the commingled funds cannot be identified,
shall be treated as funds distributed under title I of the Emergency
Economic Stabilization Act of 2008 or the American Recovery and
Reinvestment Act of 2009.
(e) Regulations.--A report required under subsection (a) shall be
made in such manner and form as the Secretary of the Treasury may
prescribe by regulation. Such regulation shall be issued no later than
30 days after the date of the enactment of this Act.
(f) No Reporting for Certain Tax Benefits.--No report shall be
required under subsection (a) for funds received by a public or private
entity under any provision of title I of division B of the American
Recovery and Reinvestment Act of 2009.
(g) Requirement for Giving Notice When Redistributing Funds.--Any
public or private entity that redistributes any funds distributed under
title I of the Emergency Economic Stabilization Act of 2008 or the
American Recovery and Reinvestment Act of 2009 to another public or
private entity must give such public or private entity notice--
(1) that such funds are a redistribution of funds
distributed under title I of the Emergency Economic
Stabilization Act of 2008 or the American Recovery and
Reinvestment Act of 2009; and
(2) that such public or private entity may be required to
submit a report upon the receipt or redistribution of such
funds pursuant to section 2(a) of the TARP and ARRA Reporting
and Waste Prevention Act.
(h) Penalty for Non-Compliance by a Private Entity.--
(1) In general.--A private entity that fails to submit a
report required under subsection (a) may not enter into any
contract to provide property or services to any Federal agency
or department, and may not receive any grants, loans, or other
funds from any Federal agency or department, if--
(A) the failure to submit such report was
intentional; and
(B) The heads of the private entity knew, within
the 30-day window for submitting such report, that such
report was required to be submitted under this section.
(2) Heads of the private entity defined.--For purposes of
this subsection, the term ``heads of the private entity''
means, if applicable--
(A) the board of directors of the private entity;
(B) the officers of the private entity; and
(C) the partners of the private entity.
(i) Definitions.--For purposes of this section:
(1) Public or private entity.--The term ``public or private
entity'' means--
(A) any Federal agency or department;
(B) any agency or department of a State government;
(C) any agency or department of a political
subdivision of a State; and
(D) any private entity, other than an individual.
(2) Redistributed.--With respect to funds distributed under
title I of the Emergency Economic Stabilization Act of 2008 or
the American Recovery and Reinvestment Act of 2009, the term
``redistributed'' means the distribution of such funds by a
public or private entity to another public or private entity.
Notwithstanding the previous sentence, the term
``redistribution'' shall not include--
(A) distributions made to purchase equipment or
other supplies; or
(B) distributions made for services that are merely
incidental to the purchase of equipment or other
supplies.
(j) Effective Date.--This section shall take effect, with respect
to the reporting requirement of subsections (a) and (c), 60 days after
the date of the enactment of this Act.
SEC. 3. FEDERAL DATABASE.
(a) Establishment.--The Secretary of the Treasury shall establish a
database to hold all information reported to the Secretary under
section 2.
(b) Availability.--The Secretary shall, in coordination with the
Recovery Accountability and Transparency Board, make the information in
the database available to the public on the website recovery.gov, and
in a manner that allows members of the public to easily access such
information.
SEC. 4. WASTE, FRAUD, AND ABUSE HOTLINE.
(a) In General.--The Secretary of the Treasury shall establish,
publicize, and operate a national toll-free telephone number to serve
as a hotline for members of the public to report waste, fraud, or abuse
related to funds distributed under title I of the Emergency Economic
Stabilization Act of 2008 or the American Recovery and Reinvestment Act
of 2009.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, and quarterly thereafter, the Secretary of the Treasury
shall issue a report to the Congress containing--
(1) a description of the Secretary's compliance with
subsection (a); and
(2) a description of the actions the Secretary is taking to
address instances of waste, fraud, or abuse reported to the
hotline.
(c) Whistleblower Protection.--
(1) In general.--No company, or any officer, employee,
contractor, subcontractor, or agent of such company, may
discharge, demote, suspend, threaten, harass, or in any other
manner discriminate against an employee in the terms and
conditions of employment because of any lawful act done by the
employee--
(A) to provide information, cause information to be
provided, or otherwise assist in an investigation
regarding any conduct which the employee reasonably
believes constitutes waste, fraud, or abuse related to
funds distributed under title I of the Emergency
Economic Stabilization Act of 2008 or the American
Recovery and Reinvestment Act of 2009, where such
waste, fraud, or abuse was reported to the hotline
established under subsection (a); or
(B) to file, cause to be filed, testify,
participate in, or otherwise assist in a proceeding
filed or about to be filed (with any knowledge of the
employer) relating to alleged waste, fraud, or abuse
related to funds distributed under title I of the
Emergency Economic Stabilization Act of 2008 or the
American Recovery and Reinvestment Act of 2009, where
such alleged waste, fraud, or abuse was reported to the
hotline established under subsection (a).
(2) Enforcement action.--
(A) In general.--A person who alleges discharge or
other discrimination by any person in violation of
paragraph (1) may seek relief under paragraph (3), by--
(i) filing a complaint with the Secretary
of Labor; or
(ii) if the Secretary has not issued a
final decision within 180 days of the filing of
the complaint and there is no showing that such
delay is due to the bad faith of the claimant,
bringing an action at law or equity for de novo
review in the appropriate district court of the
United States, which shall have jurisdiction
over such an action without regard to the
amount in controversy.
(B) Procedure.--
(i) In general.--An action under
subparagraph (A)(i) shall be governed under the
rules and procedures set forth in section
42121(b) of title 49, United States Code.
(ii) Notification exception.--Notification
made under section 42121(b)(1) of title 49,
United States Code, shall be made to the person
named in the complaint and to the employer.
(iii) Burdens of proof.--An action brought
under subparagraph (A)(ii) shall be governed by
the legal burdens of proof set forth in section
42121(b) of title 49, United States Code.
(iv) Statute of limitations.--An action
under subparagraph (A) shall be commenced not
later than 90 days after the date on which the
violation occurs.
(3) Remedies.--
(A) In general.--An employee prevailing in any
action under paragraph (2)(A) shall be entitled to all
relief necessary to make the employee whole.
(B) Compensatory damages.--Relief for any action
under subparagraph (A) shall include--
(i) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
(ii) the amount of back pay, with interest;
and
(iii) compensation for any special damages
sustained as a result of the discrimination,
including litigation costs, expert witness
fees, and reasonable attorney fees.
(4) Rights retained by employee.--Nothing in this
subsection shall be deemed to diminish the rights, privileges,
or remedies of any employee under any Federal or State law, or
under any collective bargaining agreement.
SEC. 5. RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD REQUESTS OF
INSPECTOR GENERALS FOR AUDITS OR INSPECTIONS.
Section 1527(b) of the American Recovery and Reinvestment Act of
2009 is amended by striking ``and the inspector general rejects'' and
all that follows through the end of the subsection and inserting ``,
the Board shall make such request available to the public on the
website recovery.gov.''. | TARP and ARRA Reporting and Waste Prevention Act - Requires each public or private entity to provide a detailed report to the Secretary of the Treasury upon either: (1) receipt or redistribution of any funds under title I (Troubled Asset Relief Program [TARP]) of the Emergency Economic Stabilization Act of 2008 (EESA) or the American Recovery and Reinvestment Act of 2009 (ARRA); or (2) entering into a contract for projects or services funded by TARP or ARRA.
Requires a public or private entity that redistributes any TARP or ARRA funds to another public or private entity to give the redistributee notice that: (1) such funds are a redistribution of either TARP funds or ARRA funds; and (2) the redistributee may be required to report to the Secretary.
Instructs the Secretary to: (1) establish a database to hold all such reported information; (2) make the database information available to the public on the website recovery.gov; and (3) establish a national toll-free telephone hotline number for the public to report waste, fraud, or abuse related to either TARP or ARRA funds.
Sets forth whistleblower protections.
Amends ARRA to require the Recovery Accountability and Transparency Board, if it requests that an inspector general conduct or refrain from conducting an audit investigation, to make such request available to the public on the website recovery.gov. | {"src": "billsum_train", "title": "To establish reporting requirements each time funds from Troubled Assets Relief Program or the American Recovery and Reinvestment Act of 2009 are received or redistributed, and to establish a waste, fraud, and abuse hotline for such funds, and for other purposes."} | 2,523 | 323 | 0.614021 | 1.997723 | 0.658771 | 3.390152 | 8.806818 | 0.905303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wetlands and Green Space
Preservation Assistance Act of 1993''.
SEC. 2. SPECIAL VALUATION FOR SENSITIVE ENVIRONMENTAL AREAS.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
adding immediately after section 2032A the following new section:
``SEC. 2032B. VALUATION OF SENSITIVE ENVIRONMENTAL AREAS.
``(a) Value Based on Environmental Use.--If--
``(1) the decedent was (at the time of his death) a citizen
or resident of the United States, and
``(2) the executor elects the application of this section,
then, for purposes of this chapter, the value of any interest in any
sensitive environmental area in the gross estate of the decedent shall
be its environmental use value.
``(b) Definitions; Special Rules.--For purposes of this section--
``(1) In general.--The term `sensitive environmental area'
means--
``(A) any wetlands area (as defined by section 3(5)
of the Emergency Wetlands Revenues Act of 1986 (16
U.S.C. 3902(5)), or
``(B) any other area of undeveloped natural
condition or open space.
``(2) Environmental use value.--The term `environmental use
value' means the value of the interest in a sensitive
environmental area, subject to an environmental preservation
easement.
``(3) Environmental preservation easement.--
``(A) In general.--The term `environmental
preservation easement' means, with respect to any
sensitive environmental area included in the gross
estate of the decedent, a preservation easement granted
for a period of 10 years beginning on the date of death
of the decedent.
``(B) Grantor.--Any environmental preservation
easement may be granted by--
``(i) the decedent (including by lifetime
transfer), or
``(ii) the executor with the consent of the
qualified heirs of the decedent.
``(C) Charitable deduction limitation.--No
deduction shall be allowed under sections 170 or 2055
for a grant of an environmental preservation easement
under subparagraph (B)(ii) of this paragraph.
``(4) Qualified heir.--The term `qualified heir' means,
with respect to any interest in any sensitive environmental
area--
``(A) the estate of the decedent, or
``(B) any person who acquires such interest (or to
whom such interest passes) from the decedent.
``(c) Recapture of Tax on Failure to Maintain Easement.--
``(1) Imposition of additional estate tax.--If, after the
death of the decedent, a qualified heir of the decedent fails
to maintain an environmental preservation easement in a
sensitive environmental area, then there is hereby imposed an
additional estate tax.
``(2) Amount of additional tax.--
``(A) In general.--The amount of the additional tax
imposed by paragraph (1) with respect to any interest
in any sensitive environmental area shall be the amount
equal to the greater of--
``(i) the adjusted tax difference
attributable to such interest, or
``(ii) the excess of the amount realized
with respect to the interest (or, in any case
other than a sale or exchange at arm's length,
the fair market value of the interest) over the
environmental use value of the interest.
``(B) Adjusted tax difference attributable to
interest.--For purposes of subparagraph (A), the
adjusted tax difference attributable to an interest is
the amount which bears the same ratio to the adjusted
tax difference with respect to the estate (determined
under subparagraph (C)) as--
``(i) the excess of the value of such
interest for purposes of this chapter
(determined without regard to its environmental
use value) over the environmental use value of
such interest, bears to
``(ii) a similar excess determined for all
sensitive environmental areas in such estate.
``(C) Adjusted tax difference with respect to the
estate.--For purposes of subparagraph (B), the term
`adjusted tax difference with respect to the estate'
means the excess of what would have been the estate tax
liability, but for subsection (a), over the estate tax
liability. For purposes of this subparagraph, the term
`estate tax liability' means the tax imposed by section
2001 reduced by the credits allowable against such tax.
``(3) Due date.--The additional tax imposed by this
subsection shall become due and payable on the day which is 6
months after the date of the failure referred to in paragraph
(1).
``(4) Liability for tax: furnishing of bond.--The qualified
heir receiving an interest for which an election under
subsection (a) has been made shall be personally liable for the
additional tax imposed by this subsection with respect to his
interest unless such heir has furnished bond which meets the
requirements of paragraph (5).
``(5) Bond in lieu of personal liability.--If a qualified
heir makes written application to the Secretary for
determination of the maximum amount of the additional tax which
may be imposed by this subsection with respect to such heir's
interest, the Secretary (as soon as possible, and in any event
within 1 year after the making of such application) shall
notify such heir of such maximum amount. The qualified heir, on
furnishing a bond in such amount and for such period as may be
required, shall be discharged from personal liability for any
additional tax imposed by this subsection and shall be entitled
to a receipt or writing showing such discharge.
``(d) Election.--The election under this section shall be made not
later than the time prescribed by section 607(a) for filing the return
of tax imposed by section 2001 (including extension thereof), and shall
be made in such manner as the Secretary shall by regulations prescribe.
Such election once made shall be irrevocable.
``(e) Statute of Limitations.--If there is a failure to maintain an
environmental preservation easement in a sensitive environmental area
as described in subsection (c), then--
``(1) the statutory period for the assessment of any
additional tax under subsection (c) attributable to such
failure shall not expire before the expiration of 3 years from
the date the Secretary is notified (in such manner as the
Secretary may by regulations prescribe) of such failure, and
``(2) such additional tax may be assessed before the
expiration of such 3-year period notwithstanding the provisions
of any other law or rule of law which would otherwise prevent
such assessment.''
(b) Conforming Amendments.--
(1) Subsection (l) of section 170 of such Code (relating to
disallowance of charitable deductions in certain cases) is
amended by adding at the end thereof the following new
paragraph:
``For disallowance of deductions for certain contributions
of environmental preservation easements, see section
2032B(b)(3)(C).''
(2) Paragraph (3) of section 1014(a) of such Code (relating
to basis of property acquired from a decedent) is amended by
inserting ``or section 2032B'' after ``section 2032A''.
(3) Subsection (c) of section 1016 of such Code (relating
to increase in basis of property on which additional estate tax
is imposed) is amended--
(A) by inserting ``or section 2032B(c)(1)'' after
``section 2032A(c)(1)'' each place it appears in
paragraphs (1), (3), and (5)(B),
(B) by inserting ``or section 2032B'' after
``2032A'' in paragraph (1)(A),
(C) by striking ``section 2032A(a)'' in paragraph
(1)(B) and inserting ``subsection (a) of the section
under which such additional estate tax is imposed''.
(4) Section 1040 of such Code (relating to transfer of
certain farm, etc., real property) is amended--
(A) by inserting ``or section 2032B(b)(4)'' after
``section 2032A(e)(1)'' in subsection (a),
(B) by inserting ``or section 2032B'' after ``under
section 2032A'' each place it appears therein,
(C) by striking ``to section 2032A'' and inserting
``to sections 2032A and 2032B'' in subsection (a), and
(D) by striking ``farm, etc., real'' in the heading
and inserting ``special valuation''.
(5) Subparagraph (C) of section 1223(12) of such Code
(relating to holding period of property) is amended by
inserting ``or section 2032B(b)(4)''.
(6) Subsection (f) of section 2013 of such Code (relating
to treatment of additional estate tax imposed) is amended--
(A) by inserting ``or section 2032B(c)'' after
``section 2032A(c)'' each place it appears,
(B) by inserting ``or section 2032B'' after ``If
section 2032A'',
(C) by striking ``as if section 2032A'' in
paragraph (2) and inserting ``as if sections 2032A and
2032B'', and
(D) by inserting ``or Section 2032B'' after
``Section 2032A'' in the caption thereof.
(7) Subsection (e) of section 2055 of such Code (relating
to disallowance of deduction for transfers for public,
charitable, and religious uses in certain cases) is amended by
adding at the end thereof the following new paragraph:
``(5) No deduction shall be allowed under this section for
a transfer described under paragraph (3)(B) of section
2032B(b).''
(8) Section 2624(b) of such Code (relating to valuation in
generation-skipping transfers) is amended by striking ``2032
and 2032A'' and inserting ``2032, 2032A, and 2032B''.
(9) Section 2663(1) of such Code (relating to regulations
for generation-skipping transfers) is amended by striking
``section 2032A(c)'' and inserting ``sections 2032A(c) and
2032B(c)''.
(10) The table of sections for part III of subchapter A of
chapter 11 of such Code is amended by inserting immediately
after the item relating to section 2032A the following:
``Sec. 2032B. Special valuation for
sensitive environmental
areas.''.
(11) The table of sections for part III of subchapter O of
chapter 1 of such Code is amended by striking ``farm, etc.,
real'' in the item relating to section 1040 and inserting
``special valuation''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Wetlands and Green Space Preservation Assistance Act of 1993 - Amends the Internal Revenue Code to provide for determining the environmental use value of sensitive environmental areas for estate tax purposes. Requires the estate to grant an environmental preservation easement for a period of ten years after the death of the decedent. Imposes an additional estate tax if an heir fails to maintain the easement. | {"src": "billsum_train", "title": "Wetlands and Green Space Preservation Assistance Act of 1993"} | 2,512 | 87 | 0.597721 | 1.444271 | 1.318726 | 2.542857 | 32.042857 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robocall Enforcement Improvements
Act of 2014''.
SEC. 2. ENFORCEMENT AUTHORITY RELATING TO NON-LICENSEE ROBOCALLERS.
(a) Authority To Impose Forfeitures Without First Issuing
Citations.--Section 503(b)(5) of the Communications Act of 1934 (47
U.S.C. 503(b)(5)) is amended in the second sentence--
(1) by striking ``or in the case of'' and inserting ``in
the case of''; and
(2) by inserting before the period at the end the
following: ``, or if the person involved is engaging in
violations of section 227(b)(1) of this title''.
(b) Expansion of Statute of Limitations.--Section 503(b)(6)(B) of
the Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended--
(1) by striking ``occurred more than 1 year'' and inserting
the following: ``occurred--
``(i) except as provided in clause (ii),
more than 1 year'';
(2) by striking ``liability.'' and inserting ``liability;
or''; and
(3) by inserting after clause (i), as designated, the
following:
``(ii) in the case of a violation of
section 227(b)(1) of this title, more than 3
years prior to the date of issuance of the
required notice of apparent liability.''.
(c) Increase in Maximum Forfeiture.--Section 503(b)(2) of the
Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
(1) in subparagraph (D), by striking ``or (C)'' and
inserting ``(C), (F), or (G)''; and
(2) by adding at the end the following:
``(G) If the violator does not hold, and is not an applicant for, a
license, permit, certificate, or other authorization issued by the
Commission--
``(i) the amount of any forfeiture penalty determined under
this subsection for a violation of section 227(b)(1) of this
title shall not exceed $25,000 for each violation or each day
of a continuing violation; and
``(ii) there shall be no limit on the total amount assessed
for any continuing violation of section 227(b)(1) of this
title.''.
SEC. 3. AMENDMENTS TO TRUTH IN CALLER ID ACT OF 2009.
(a) Communications From Outside United States.--Section 227(e)(1)
of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by
inserting ``or any person outside the United States if the recipient is
within the United States,'' after ``United States,''.
(b) Clarification of Definition of ``IP-Enabled Voice Service''.--
Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)(C)) is amended by striking ``has the meaning'' and all that
follows and inserting the following: ``means the provision of real-time
voice communications offered to the public, or such class of users as
to be effectively available to the public, transmitted using Internet
protocol, or a successor protocol, (whether part of a bundle of
services or separately) with interconnection capability such that the
service can originate traffic to, or terminate traffic from, the public
switched telephone network, or a successor network.''.
(c) Spoofing Service.--
(1) In general.--Section 227(e) of the Communications Act
of 1934 (47 U.S.C. 227(e)) is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraph (3) as paragraph
(4);
(C) by inserting after paragraph (2) the following:
``(3) Spoofing services.--
``(A) In general.--A provider of a spoofing service
shall take such steps as the Commission may prescribe
to verify that a person does not use the service in
violation of this subsection.
``(B) Recordkeeping and reporting.--The Commission
shall impose reasonable recordkeeping and reporting
obligations on a provider of a spoofing service, and
shall adopt any other regulation that the Commission
determines necessary, to prevent or investigate
violations of this subsection.
``(C) Subpoena authority.--Notwithstanding chapter
121 of title 18, United States Code, for purposes of
enforcing this subsection, the Commission may by
subpoena require a provider of a spoofing service to
disclose to the Commission the caller identification
information transmitted by a subscriber to or customer
of the spoofing service.''; and
(D) in paragraph (8), by adding at the end the
following:
``(D) Spoofing service.--The term `spoofing
service' means a service that substitutes, or permits a
user to substitute, another name or any number
(including a telephone number, pseudo-number, or other
number) for display as the caller identification
information for a call or text message.''.
(2) Conforming amendment.--Section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1)), as amended by
subsection (a), is amended by striking ``paragraph (3)(B)'' and
inserting ``paragraph (4)(B)''.
(d) Text Messaging Service.--Section 227(e)(8) of the
Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
(1) in subparagraph (A), by inserting ``(including a text
message sent using a text messaging service)'' before the
period at the end;
(2) in the first sentence of subparagraph (B), by inserting
``(including a text message sent using a text messaging
service)'' before the period at the end; and
(3) by adding at the end the following:
``(D) Text message.--The term `text message'--
``(i) means a real-time or near real-time
message consisting of text, images, sounds, or
other information that is transmitted from or
received by a device that is identified as the
transmitting or receiving device by means of a
telephone number;
``(ii) includes a short message service
(commonly referred to as `SMS') message, an
enhanced message service (commonly referred to
as `EMS') message, and a multimedia message
service (commonly referred to as `MMS')
message; and
``(iii) does not include a real-time, 2-way
voice or video communication.
``(E) Text messaging service.--The term `text
messaging service' means a service that permits the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
telecommunications service or an IP-enabled voice
service.''.
(e) Savings Clause.--Section 227(e) of the Communications Act of
1934 (47 U.S.C. 227(e)) is amended by adding at the end the following:
``(10) Savings clause.--Nothing in this subsection shall be
construed to--
``(A) modify or limit the authority of the
Commission under the Telephone Consumer Protection Act
of 1991 (Public Law 102-243; 105 Stat. 2394), the
amendments made by that Act, or the CAN-SPAM Act of
2003 (15 U.S.C. 7701 et seq.), as of the day before the
date of enactment of the Robocall Enforcement
Improvements Act of 2014, to interpret the term `call'
to include a text message; or
``(B) modify, limit, or otherwise affect any rule
or order adopted by the Commission in connection with
the Telephone Consumer Protection Act of 1991, the
amendments made by that Act, or the CAN-SPAM Act of
2003.''.
(f) Regulations.--
(1) In general.--Section 227(e)(3)(A) of the Communications
Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking
``Not later than 6 months after the date of enactment of the
Truth in Caller ID Act of 2009, the Commission'' and inserting
``The Commission''.
(2) Deadline.--Not later than 18 months after the date of
enactment of this Act, the Federal Communications Commission
shall prescribe regulations to implement the amendments made by
this section.
(g) Effective Date.--The amendments made by this section shall take
effect on the date that is 6 months after the date on which the Federal
Communications Commission prescribes regulations to implement the
amendments made by this section.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) telecommunications carriers have the legal authority to
offer consumers services that block or filter robocalls; and
(2) the Federal Government, including the Federal
Communications Commission and the Federal Trade Commission,
should encourage telecommunications carriers to develop and
implement the services described in paragraph (1). | Robocall Enforcement Improvements Act of 2014 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to impose forfeiture penalties without first sending a citation regarding the charged violation against persons not licensed by the FCC who violate prohibitions on the use of automated telephone equipment. (Currently, if existing exceptions do not apply, forfeiture penalties may not be imposed unless the person is sent a citation prior to a notice of apparent liability and that person subsequently engages in the same type of conduct described in the citation.) Expands the statute of limitations period and increases the maximum forfeiture penalty applicable to non-licensed automated telephone equipment violations. Expands prohibitions on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Directs providers of spoofing services to take such steps as the FCC may prescribe to verify that users do not engage in caller identification information violations. Defines "spoofing service" as a service that substitutes, or permits a user to substitute, another name or any number for display as the caller identification information for a call or text message. Requires the FCC to impose recordkeeping and reporting obligations on spoofing service providers. Authorizes the FCC to subpoena caller identification information transmitted by a subscriber to or customer of the spoofing service. Expands the definition "caller identification information" to include text messages. Expresses the sense of Congress that: (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls, and (2) the federal government should encourage telecommunications carriers to develop and implement such services. | {"src": "billsum_train", "title": "Robocall Enforcement Improvements Act of 2014"} | 2,169 | 390 | 0.516238 | 1.690886 | 0.629897 | 3.184818 | 5.990099 | 0.788779 |
SECTION 1. CONGRESSIONAL STATEMENT OF POLICY.
It is the sense of the Congress that the President should make
freedom of religion one of the major objectives of United States
foreign policy with respect to China. As part of this policy, the
Department of State should raise in every relevant bilateral and
multilateral forum the issue of individuals imprisoned, detained,
confined, or otherwise harassed by the Chinese Government on religious
grounds. In its communications with the Chinese Government, the
Department of State should provide specific names of individuals of
concern and request a complete and timely response from the Chinese
Government regarding the individuals' whereabouts and condition, the
charges against them, and sentence imposed. The goal of these official
communications should be the expeditious release of all religious
prisoners in China and Tibet and the end of the Chinese Government's
policy and practice of harassing and repressing religious believers.
SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE PARTICIPATION OF CERTAIN
CHINESE OFFICIALS IN CONFERENCES, EXCHANGES, PROGRAMS,
AND ACTIVITIES.
(a) Prohibition.--Notwithstanding any other provision of law, for
fiscal years after fiscal year 1997, no funds appropriated or otherwise
made available for the Department of State, the United States
Information Agency, and the United States Agency for International
Development may be used for the purpose of providing travel expenses
and per diem for the participation of nationals of the People's
Republic of China described in paragraphs (1) and (2) in conferences,
exchanges, programs, and activities:
(1) The head or political secretary of any of the following
Chinese Government-created or approved organizations:
(A) The Chinese Buddhist Association.
(B) The Chinese Catholic Patriotic Association.
(C) The National Congress of Catholic
Representatives.
(D) The Chinese Catholic Bishops' Conference.
(E) The Chinese Protestant ``Three Self'' Patriotic
Movement.
(F) The China Christian Council.
(G) The Chinese Taoist Association.
(H) The Chinese Islamic Association.
(2) Any military or civilian official or employee of the
Government of the People's Republic of China who carried out or
directed the carrying out of any of the following policies or
practices:
(A) Formulating, drafting, or implementing
repressive religious policies.
(B) Imprisoning, detaining, or harassing
individuals on religious grounds.
(C) Promoting or participating in policies or
practices which hinder religious activities or the free
expression of religious beliefs.
(b) Certification.--
(1) Each Federal agency subject to the prohibition of
subsection (a) shall certify in writing to the appropriate
congressional committees no later than 120 days after the date
of enactment of this Act, and every 90 days thereafter, that it
did not pay, either directly or through a contractor or
grantee, for travel expenses or per diem of any national of the
People's Republic of China described in subsection (a).
(2) Each certification under paragraph (1) shall be
supported by the following information:
(A) The name of each employee of any agency of the
Government of the People's Republic of China whose
travel expenses or per diem were paid by funds of the
reporting agency of the United States Government.
(B) The procedures employed by the reporting agency
of the United States Government to ascertain whether
each individual under subparagraph (A) did or did not
participate in activities described in subsection
(a)(2).
(C) The reporting agency's basis for concluding
that each individual under subparagraph (A) did not
participate in such activities.
(c) Definition of Appropriate Congressional Committees.--For
purposes of this section the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives.
SEC. 3. CERTAIN OFFICIALS OF THE PEOPLE'S REPUBLIC OF CHINA INELIGIBLE
TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION.
(a) Requirement.--Notwithstanding any other provision of law, any
national of the People's Republic of China described in section 2(a)(2)
(except the head of state, the head of government, and cabinet level
ministers) shall be ineligible to receive visas and shall be excluded
from admission into the United States.
(b) Waiver.--The President may waive the requirement in subsection
(a) with respect to an individual described in such subsection if the
President--
(1) determines that it is vital to the national interest to
do so; and
(2) provides written notification to the appropriate
congressional committees (as defined in section 2(c))
containing a justification for the waiver.
SEC. 4. SUNSET PROVISION.
Sections 2 and 3 shall cease to have effect 4 years after the date
of the enactment of this Act.
Passed the House of Representatives November 6, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Expresses the sense of the Congress that the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to China. Prohibits the use of funds made available to the Department of State, the United States Information Agency, and the United States Agency for International Development to provide travel expenses for certain Chinese officials participating in international conferences, exchanges, programs, and activities. Requires each agency to certify to appropriate congressional committees that it did not pay such expenses. Makes such officials ineligible to receive visas for admission into the United States. Permits the President to waive such requirement if he determines it vital to the national interest and provides a written justification to the appropriate congressional committees. | {"src": "billsum_train", "title": "To prohibit the use of United States funds to provide for the participation of certain Chinese officials in international conferences, programs, and activities and to provide that certain Chinese officials shall be ineligible to receive visas and excluded from admission to the United States."} | 1,094 | 161 | 0.521868 | 1.603179 | 0.661629 | 4.414815 | 7.42963 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorectal Cancer Mortality
Prevention Act of 2004''.
SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR DETECTION AND
CONTROL OF COLORECTAL CANCER.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
inserting after title XXVIII the following new title:
``TITLE XXIX--PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL
CANCERS
``SEC. 2901. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may make grants to
States on the basis of an established competitive review process for
the purpose of carrying out programs--
``(1) to screen for colorectal cancer as a preventive
health measure;
``(2) to provide appropriate referrals for medical
treatment of individuals screened pursuant to paragraph (1) and
to ensure, to the extent practicable, the provision of
appropriate follow-up services;
``(3) to develop and disseminate public information and
education programs for the detection and control of colorectal
cancer;
``(4) to improve the education, training, and skills of
health professionals (including allied health professionals) in
the detection and control of colorectal cancer;
``(5) to establish mechanisms through which the States can
monitor the quality of screening procedures for colorectal
cancer, including the interpretation of such procedures; and
``(6) to evaluate activities conducted under paragraphs (1)
through (5) through appropriate surveillance or program-
monitoring activities.
``(b) Grant and Contract Authority of States.--A State receiving a
grant under subsection (a) may expend the grant to carry out the
purpose described in such subsection through grants to, and contracts
with, public or nonprofit private entities.
``SEC. 2902. REQUIREMENT OF MATCHING FUNDS.
``(a) In General.--The Secretary may not make a grant under section
2901 unless the State involved agrees, with respect to the costs to be
incurred by the State in carrying out the purpose described in such
section, to make available non-Federal contributions (in cash or in
kind under subsection (b)) toward such costs in an amount that is not
less than $1 for each $3 of Federal funds provided in the grant. Such
contributions may be made directly or through donations from public or
private entities.
``(b) Determination of Amount of Non-Federal Contribution.--
``(1) In general.--Non-Federal contributions required in
subsection (a) may be in cash or in kind, fairly evaluated,
including equipment or services (and excluding indirect or
overhead costs). Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(2) Maintenance of effort.--In making a determination of
the amount of non-Federal contributions for purposes of
subsection (a), the Secretary may include only non-Federal
contributions in excess of the average amount of non-Federal
contributions made by the State involved toward the purpose
described in section 2901 for the 2-year period preceding the
first fiscal year for which the State is applying to receive a
grant under such section.
``(3) Inclusion of relevant non-federal contributions for
medicaid.--In making a determination of the amount of non-
Federal contributions for purposes of subsection (a), the
Secretary shall, subject to paragraphs (1) and (2) of this
subsection, include any non-Federal amounts expended pursuant
to title XIX of the Social Security Act by the State involved
toward the purpose described in paragraphs (1) and (2) of
section 2901(a).
``SEC. 2903. REQUIREMENTS WITH RESPECT TO TYPE AND QUALITY OF SERVICES.
``(a) Requirement of Provision of All Services by Date Certain.--
The Secretary may not make a grant under section 2901 unless the State
involved agrees--
``(1) to ensure that, initially and throughout the period
during which amounts are received pursuant to the grant, not
less than 60 percent of the grant is expended to provide each
of the services or activities described in paragraphs (1) and
(2) of section 2901(a), including making available screening
procedures for colorectal cancer;
``(2) to ensure that, by the end of any second fiscal year
of payments pursuant to the grant, each of the services or
activities described in section 2901(a) is provided; and
``(3) to ensure that not more than 40 percent of the grant
is expended to provide the services or activities described in
paragraphs (3) through (6) of such section.
``(b) Quality Assurance Regarding Screening for Colorectal
Cancer.--The Secretary may not make a grant under section 2901 unless
the State involved--
``(1) assures the quality of any screening procedure for
colorectal cancer conducted pursuant to such section; and
``(2) assures that, with respect to the first colorectal
cancer screening performed on an individual for which payment
is made pursuant to section 2901(a), there are satisfactory
assurances that the results of the screening will be placed in
permanent medical records maintained with respect to the
individual.
``(c) Issuance by Secretary of Guidelines With Respect to Quality
of Colorectal Services.--
``(1) In general.--The Secretary shall issue guidelines for
assuring the quality of any colorectal screening procedure
conducted pursuant to section 2901(a).
``(2) Applicability with respect to grants.--The Secretary
may not make a grant under section 2901 unless the State
involved agrees that the State will, with respect to any
colorectal screening procedure conducted pursuant to such
section, ensure that the procedure is conducted in accordance
with the guidelines issued by the Secretary under paragraph
(1).
``SEC. 2904. ADDITIONAL REQUIRED AGREEMENTS.
``(a) Priority for Low-Income Individuals.--The Secretary may not
make a grant under section 2901 unless the State involved agrees that
low-income individuals will be given priority in the provision of
services and activities pursuant to paragraphs (1) and (2) of section
2901(a).
``(b) Limitation on Imposition of Fees for Services.--The Secretary
may not make a grant under section 2901 unless the State involved
agrees that, if a charge is imposed for the provision of services or
activities under the grant, such charge--
``(1) will be made according to a schedule of charges that
is made available to the public;
``(2) will be adjusted to reflect the income of the
individuals involved; and
``(3) will not be imposed on any individual with an income
of less than 100 percent of the official poverty line, as
established by the Director of the Office of Management and
Budget and revised by the Secretary in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981.
``(c) Statewide Provision of Services.--
``(1) In general.--The Secretary may not make a grant under
section 2901 unless the State involved agrees that services and
activities under the grant will be made available throughout
the State, including availability to members of any Indian
tribe or tribal organization (as such terms are defined in
section 4 of the Indian Self-Determination and Education
Assistance Act).
``(2) Waiver.--The Secretary may waive the requirement
established in paragraph (1) for a State if the Secretary
determines that compliance by the State with the requirement
would result in an inefficient allocation of resources with
respect to carrying out the purpose described in section
2901(a).
``(d) Relationship to Items and Services Under Other Programs.--The
Secretary may not make a grant under section 2901 unless the State
involved agrees that the grant will not be expended to make payment for
any item or service to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such item or
service--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program; or
``(2) by an entity that provides health services on a
prepaid basis.
``(e) Coordination With Other Colorectal Cancer Programs.--The
Secretary may not make a grant under section 2901 unless the State
involved agrees that the services and activities funded through the
grant will be coordinated with other Federal, State, and local
colorectal cancer programs.
``(f) Limitation on Administrative Expenses.--The Secretary may not
make a grant under section 2901 unless the State involved agrees that
not more than 10 percent of the grant will be expended for
administrative expenses with respect to the grant.
``(g) Restrictions on Use of Grant.--The Secretary may not make a
grant under section 2901 unless the State involved agrees that the
grant will not be expended to provide inpatient hospital services (as
that term is defined by the Secretary for purposes of this subsection).
``(h) Records and Audits.--The Secretary may not make a grant under
section 2901 unless the State involved agrees that--
``(1) the State will establish such fiscal control and fund
accounting procedures as may be necessary to ensure the proper
disbursement of, and accounting for, amounts received by the
State under such section; and
``(2) upon request, the State will provide records
maintained pursuant to paragraph (1) to the Secretary or the
Comptroller General of the United States for purposes of
auditing the expenditures by the State of the grant.
``(i) Reports to Secretary.--The Secretary may not make a grant
under section 2901 unless the State involved agrees to submit to the
Secretary such reports as the Secretary may require with respect to the
grant.
``SEC. 2905. DESCRIPTION OF INTENDED USES OF GRANT.
``The Secretary may not make a grant under section 2901 unless--
``(1) the State involved submits to the Secretary a
description of the purposes for which the State intends to
expend the grant;
``(2) the description identifies the populations, areas,
and localities in the State with a need for the services or
activities described in section 2901(a);
``(3) the description provides information relating to the
services and activities to be provided, including a description
of the manner in which the services and activities will be
coordinated with any similar services or activities of public
or nonprofit entities; and
``(4) the description provides assurances that the grant
funds be used in the most cost-effective manner.
``SEC. 2906. REQUIREMENT OF SUBMISSION OF APPLICATION.
``The Secretary may not make a grant under section 2901 unless an
application for the grant is submitted to the Secretary, the
application contains the description of intended uses required in
section 2905, and the application is in such form, is made in such
manner, and contains such agreements, assurances, and information as
the Secretary determines to be necessary to carry out this title.
``SEC. 2907. TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND
SERVICES IN LIEU OF GRANT FUNDS.
``(a) Technical Assistance.--The Secretary may provide training and
technical assistance with respect to the planning, development, and
operation of any program or service carried out pursuant to section
2901. The Secretary may provide such technical assistance directly or
through grants to, or contracts with, public and private entities.
``(b) Provision of Supplies and Services in Lieu of Grant Funds.--
``(1) In general.--Upon the request of a State receiving a
grant under section 2901, the Secretary may, subject to
paragraph (2), provide supplies, equipment, and services for
the purpose of aiding the State in carrying out such section
and, for such purpose, may detail to the State any officer or
employee of the Department of Health and Human Services.
``(2) Corresponding reduction in payments.--With respect to
a request described in paragraph (1), the Secretary shall
reduce the amount of payments under the grant under section
2901 to the State involved by an amount equal to the costs of
detailing personnel (including pay, allowances, and travel
expenses) and the fair market value of any supplies, equipment,
or services provided by the Secretary. The Secretary shall, for
the payment of expenses incurred in complying with such
request, expend the amounts withheld.
``SEC. 2908. EVALUATIONS AND REPORTS.
``(a) Evaluations.--The Secretary shall, directly or through
contracts with public or private entities, provide for annual
evaluations of programs carried out pursuant to section 2901.
``(b) Report to Congress.--The Secretary shall, not later than 1
year after the date on which amounts are first appropriated to carry
out section 2909(a), and annually thereafter, submit to the appropriate
congressional committees a report summarizing evaluations carried out
pursuant to subsection (a) during the preceding fiscal year and making
such recommendations for administrative and legislative initiatives
with respect to this title as the Secretary determines to be
appropriate.
``SEC. 2909. FUNDING.
``(a) Authorization of Appropriations.--For the purpose of carrying
out this title, there is authorized to be appropriated $25,000,000 for
each of the fiscal years 2005 through 2008.
``(b) Set-Aside for Technical Assistance and Provision of Supplies
and Services.--Of the amounts appropriated under subsection (a) for a
fiscal year, the Secretary shall reserve not more than 10 percent for
carrying out section 2907.''. | Colorectal Cancer Mortality Prevention Act of 2004 - Amends the Public Health Service Act to provide matching grants to States to carry out programs to: (1) screen for colorectal cancer as a preventive health measure; (2) provide referrals for medical treatment to individuals screened and ensure appropriate follow-up services; (3) develop and disseminate information and education programs for the detection and control of colorectal cancer; (4) improve the education, training, and skills of health professions in the detection and control of colorectal cancer; (5) establish mechanisms to monitor the quality of screening procedures for colorectal cancer; and (6) evaluate such activities through surveillance or program-monitoring.
Requires States to meet specified matching fund requirements and other criteria to receive a grant, including ensuring that 60 percent of grant money is spent on screening and medical treatment, assuring the quality of screening procedures, giving priority to low-income individuals, and limiting the fees charged.
Allows the Secretary to provide training, technical assistance, supplies, equipment, and services to aid the State in carrying out such a program. Requires the Secretary to: (1) issue guidelines for assuring the quality of any colorectal screening procedures carried out under this Act; and (2) evaluate the programs annually. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a program of grants for the detection and control of colorectal cancer."} | 3,083 | 280 | 0.732893 | 2.245061 | 0.8169 | 3.434959 | 11.48374 | 0.939024 |
SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nurse and Health
Care Worker Protection Act of 2015''.
(b) Findings.--Congress finds the following:
(1) In 2014, registered nurses ranked sixth among all
occupations for the number of cases of musculoskeletal
disorders resulting in days away from work, with 11,360 total
cases. Nursing assistants reported 20,020 cases in 2014, the
second highest of any profession. The leading cause of these
health care employees' injuries is patient lifting,
transferring, and repositioning injuries, which constitute a
significant risk to the health and welfare of those employees
under the Occupational Safety and Health Act of 1970.
(2) The physical demands of the nursing profession lead
many nurses to leave the profession. Fifty-two percent of
nurses complain of chronic back pain and 38 percent suffer from
pain severe enough to require leave from work. Many nurses and
other health care workers suffering back injury do not return
to work. These consequences constitute a material impairment of
health for these employees under the Occupational Safety and
Health Act of 1970.
(3) Patients are not at optimum levels of safety while
being lifted, transferred, or repositioned manually.
Appropriate mechanical lifts can substantially reduce skin
tears and pressure ulcers suffered by patients and the
frequency of patients being dropped, thus allowing patients a
safer means to progress through their care and avoid disabling
injuries due to unsafe practices.
(4) The development of assistive patient handling
technology, equipment, and devices has essentially rendered the
act of strict manual patient handling outdated and typically
unnecessary as a function of nursing care.
(5) A growing number of health care facilities that have
incorporated patient handling technology and practices have
reported positive results. Injuries among nursing staff and
health care workers have dramatically declined at health care
facilities implementing safe patient handling technology,
equipment, devices, and practices. As a result, the number of
lost work days due to injury and staff turnover has declined.
Studies have also shown that assistive patient handling
technology successfully reduces workers' compensation costs for
musculoskeletal disorders.
(6) A number of States have implemented safe patient
handling, mobility and injury prevention standards. The success
of these programs at the facility and State level demonstrates
the technological and economical feasibility of such standards.
(7) Establishing a safe patient handling, mobility, and
injury prevention standard for direct-care registered nurses
and other health care workers is a critical component
reasonably necessary for protecting the health and safety of
nurses and other health care workers, addressing the nursing
shortage, and increasing patient safety.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; findings; table of contents.
Sec. 2. Safe patient handling, mobility, and injury prevention
standard.
Sec. 3. Application of safe patient handling, mobility, and injury
prevention standard to facilities receiving
Medicare and Medicaid funds.
Sec. 4. Nonpreemption.
Sec. 5. Definitions.
SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION
STANDARD.
(a) Rulemaking.--Notwithstanding any other provision of law, not
later than 1 year after the date of enactment of this Act, the
Secretary of Labor shall, pursuant to section 6 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim
final standard on safe patient handling, mobility, and injury
prevention (in this section such standard is referred to as the ``safe
patient handling, mobility, and injury prevention standard'') to
prevent musculoskeletal disorders for direct-care registered nurses and
all other health care workers handling patients. The interim final
standard shall remain in effect until it is replaced by a final safe
patient handling, mobility, and injury prevention standard.
(b) Requirements.--The safe patient handling, mobility, and injury
prevention standard shall require the use of engineering and safety
controls to perform handling of patients and to reduce the incidence of
injuries from manual handling of patients by direct-care registered
nurses and all other health care workers, through the development of a
comprehensive program, to include the use of mechanical technology and
devices to the greatest degree feasible. Where the use of mechanical
technology and devices is not feasible, the standards shall require the
use of alternative controls and measures to minimize the risk of injury
to nurses and health care workers resulting from the manual handling of
patients. The standard shall apply to all health care employers, shall
generally align with interprofessional national safe patient handling,
mobility, and injury prevention standards, and shall include the
following:
(1) Program development.--A requirement that each health
care employer shall develop and implement a safe patient
handling, mobility, and injury prevention program within 6
months of the date of promulgation of the interim final
standard, which program shall include hazard identification,
risk assessments, and control measures in relation to patient
care duties and patient handling.
(2) Technology and equipment purchase and management.--A
requirement that, within 2 years of the date of issuance by the
Secretary of an interim final standard, each health care
employer shall purchase, use, maintain, and make accessible to
health care workers, such safe patient handling equipment,
technology, and accessories as the Secretary determines
appropriate.
(3) Health care worker participation.--A requirement that
each health care employer shall obtain input from health care
workers, to include direct care registered nurses, health care
workers, their representatives, and their collective bargaining
agents, in developing and implementing the safe patient
handling, mobility, and injury prevention program, including
training and education and the purchase of technology and
equipment and necessary accessories.
(4) Data tracking and review.--A requirement that each
health care employer shall establish a review program to
analyze data relevant to the implementation of the employers'
safe patient handling, mobility, and injury prevention program,
and shall account for circumstances where safe patient handling
technology or equipment were not utilized in accordance with
the health care employers' safe patient handling, mobility, and
injury prevention standard. Each health care employer shall
upon request, make available their findings and data used in
such review, to health care workers, their representatives,
their collective bargaining agents, and the Secretary or other
Federal agency. Each health care employer shall maintain the
data and findings from their review for at least 5 years
(5) Incorporation of technology into facilities.--A
requirement that each health care employer shall consider the
feasibility of incorporating safe patient handling technology
as part of process of new facility design and construction, or
facility remodeling.
(6) Education and training.--A requirement that each health
care employer shall train health care workers on safe patient
handling, mobility, and injury prevention policies, technology,
equipment, and devices, initially, and on a continuing annual
basis, and as necessary. Such training shall prepare health
care workers, to identify, assess, and control musculoskeletal
hazards of a general nature, and those specific to particular
patient care areas, and shall be conducted by an individual
with knowledge in the subject matter, and delivered, at least
in part, in an interactive simulated point-of-care training and
hands-on format that reflects the specific demands of a health
care workers' duties.
(7) Notice of safe patient handling and rights under this
act.--A requirement that each health care employer shall post a
uniform notice in a form specified by the Secretary that--
(A) explains the safe patient handling, mobility,
and injury prevention standard;
(B) includes information regarding safe patient
handling, mobility, and injury prevention policies and
training;
(C) explains procedures to report patient handling-
related injuries; and
(D) explains health care workers' rights under this
Act, including any whistleblower protections.
(8) Annual evaluation.--A requirement that each health care
employer shall conduct an annual written evaluation of the
implementation of the safe patient handling, mobility, and
injury prevention program, including handling procedures,
selection of technology, equipment, and engineering controls,
assessment of injuries, and new safe patient handling,
mobility, and injury prevention technology and devices that
have been developed. The evaluation shall be conducted with the
involvement of nurses, other health care workers, their
representatives, and their collective bargaining agents, and
their input shall be documented in the evaluation. Health care
employers shall take corrective action as recommended in the
written evaluation.
(9) Right to refuse unsafe assignment.--A requirement that
each health care employer shall provide procedures under which
a health care worker or employee may refuse to perform the
employee's duties if the employee has a reasonable apprehension
that performing such duties would violate the safe patient
handling, mobility, and injury prevention standard, and would
result in injury or impairment of health to the health care
worker, other health care workers, or patients. Where
practicable, the health care worker must have communicated the
health or safety concern to the health care employer and have
not been able to obtain a correction of the violation.
(c) Inspections.--The Secretary of Labor shall conduct unscheduled
inspections under section 8 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with
the safe patient handling, mobility, and injury prevention standard.
SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY
PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND
MEDICAID FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)(V), by inserting ``and safe
patient handling, mobility, and injury prevention standard (as
initially promulgated under section 2 of the Nurse and Health
Care Worker Protection Act of 2015)'' before the period at the
end; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and the
safe patient handling, mobility, and injury prevention
standard'' after ``Bloodborne Pathogens standard''; and
(B) in subparagraph (B), by inserting ``or the safe
patient handling, mobility, and injury prevention
standard'' after ``Bloodborne Pathogens standard''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to health care facilities 1 year after date of issuance of the
final safe patient handling, mobility, and injury prevention standard
required under section 2.
SEC. 4. NONPREEMPTION.
(a) Effect on Other Laws.--Nothing in this Act shall be construed
to--
(1) preempt any law, rule, or regulation of a State or
political subdivision of a State, unless such law, rule, or
regulation is in conflict with this Act or a regulation or
order issued under this Act;
(2) impair or diminish in any way the authority of any
State to enact and enforce any law which provides equivalent or
greater protections for employees engaging in conduct protected
under this Act;
(3) curtail or limit in any way the right of people with
disabilities under the Americans with Disabilities Act (42
12101 et seq.) or section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) to those reasonable modifications needed to
receive equal access to health care, including the requirement
that health care employees give priority consideration to the
lifting, movement, or transfer needs and preferences of people
with disabilities; or
(4) curtail or limit in any way consideration as an
expenditure to acquire or modify equipment for use by or to
benefit individuals with disabilities that is specified in
section 44 of the Internal Revenue Code of 1986, which is
available to eligible small businesses.
(b) Rights Retained by Health Care Workers.--Nothing in this Act
shall be construed to diminish the rights, privileges, or remedies of
any health care worker or employee under any Federal or State law, or
under any collective bargaining agreement.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Direct-care registered nurse.--The term ``direct-care
registered nurse'' means an individual who has been granted a
license by at least one State to practice as a registered nurse
and who provides bedside care or outpatient services for one or
more patients or residents.
(2) Employee.--The term ``employee'' means any individual
employed by a health care employer, to include health care
workers, as well as employees who do not qualify as health care
workers, including independent contractors.
(3) Employment.--The term ``employment'' includes the
provision of services under a contract or other arrangement.
(4) Handling.--The term ``handling'' includes actions such
as lifting, transferring, repositioning, mobilizing, moving, or
any other action involving the physical movement, manipulation,
or support of a patient by a health care worker, or any direct
patient care action which presents a risk of musculoskeletal
injury.
(5) Health care employer.--The term ``health care
employer'' means an outpatient health care facility, hospital,
nursing home, home health care agency, social assistance
facility or program, hospice, federally qualified health
center, nurse managed health center, rural health clinic or
rehabilitative center, or any similar health care facility that
employs direct-care registered nurses or other health care
workers.
(6) Health care worker.--The term ``health care worker''
means an individual who has been assigned by a health care
employer to engage in patient handling, including direct-care
registered nurses, independent contractors, or individuals who
perform the duties of health care workers. | Nurse and Health Care Worker Protection Act of 2015 This bill requires the Department of Labor to establish a standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for health care workers. The standard must require the use of engineering and safety controls to handle patients. The standard must require health care employers to: (1) develop and implement a safe patient handling, mobility, and injury prevention program; (2) train their workers on safe patient handling, mobility, and injury prevention; and (3) post a notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Labor must conduct unscheduled inspections to ensure compliance with the standard. This bill amends title XVIII (Medicare) of the Social Security Act to apply the standard to hospitals receiving Medicare funds. | {"src": "billsum_train", "title": "Nurse and Health Care Worker Protection Act of 2015"} | 2,959 | 175 | 0.553367 | 1.728777 | 0.767667 | 3.753086 | 17.407407 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Development Foundation Act
of 2007''.
SEC. 2. RENAMING OF FOUNDATION.
(a) Renaming.--Section 503(a) of the African Development Foundation
Act (22 U.S.C. 290h-1(a)) is amended by striking ``African Development
Foundation'' and inserting ``United States African Development
Foundation''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the African
Development Foundation shall be considered to be a reference to the
United States African Development Foundation.
SEC. 3. FUNCTIONS OF THE FOUNDATION.
(a) Entities Eligible To Receive Grants, Loans, and Loan
Guarantees.--Paragraph (1) of subsection (a) of section 505 of such Act
(22 U.S.C. 290h-3(a)(1)) is amended by inserting after ``other entity''
the following: ``(including small- and medium-sized enterprises)''.
(b) Use of Grant and Loan Funds.--Subparagraph (A) of such
paragraph (22 U.S.C. 290h-3(a)(1)(A)) is amended by striking ``local
development institutions and the support of development efforts
initiated by communities themselves'' and inserting ``local development
institutions, including capital and technical assistance funds that
promote the purposes of this title, and the support of development
efforts initiated by communities themselves or their members''.
(c) Increased Limitation on Funding of Individual Projects.--
Paragraph (2) of such subsection (22 U.S.C. 290h-3(a)(2)) is amended by
striking ``$250,000.'' and inserting ``$400,000. This funding
limitation may be exceeded only in exceptional circumstances and with
the approval of the Board of Directors and notification to Congress.
Approval of the Board of Directors and notification to Congress shall
not be required in the case of an increase of less than $50,000 that is
necessary to maintain the original value of an award in local
currency.''.
(d) Community Project Priorities.--Subsection (b) of such section
(22 U.S.C. 290h-3(b)) is amended--
(1) in the first sentence, by striking ``making grants,
loans, and loan guarantees'' and all that follows through
``development'' and inserting ``making awards under subsection
(a), the Foundation shall give priority to projects which
community groups and small- and medium-sized enterprises
undertake to foster development at the community level''; and
(2) in the second sentence, by striking ``make such grants,
loans, and loan guarantees'' and inserting ``make awards''.
(e) Authority To Make Awards to Non-African Entities.--Such section
is further amended by adding at the end the following new subsection:
``(c) Authority To Make Awards to Non-African Entities.--Upon the
approval of the Board of Directors and notification to Congress, the
Foundation may make an award to a small- or medium-sized enterprise
that is not wholly-owned and controlled by indigenous Africans if it
meets the following requirements:
``(1) Ownership of the entity is predominantly vested in
one or more individuals who are indigenous to Africa and who
are representative and knowledgeable of, and have a history of
responding to, the needs and aspirations of the poor.
``(2) Management and daily business operations of the
entity are controlled by one or more individuals who are
indigenous to and reside in Africa.''.
(f) Authority To Provide Training and Other Technical Assistance.--
Such section, as amended by subsection (e), is further amended by
adding at the end the following new subsection:
``(d) Authority To Provide Training and Other Technical
Assistance.--The Foundation may provide training and other assistance
to entities described in subsection (a) and to entities described in
subsection (c), subject to the requirements of such subsection, in
order to carry out the purposes specified in section 504.''.
SEC. 4. POWERS OF FOUNDATION.
Section 506(a) of such Act (22 U.S.C. 290h-4(a)) is amended--
(1) by redesignating paragraphs (9), (10), (11), and (12)
as paragraphs (10), (12), (13), and (14), respectively;
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) may make advance payments in an African country in
accordance with lease or rental agreements for periods of time
determined by law or custom;''; and
(3) by inserting after paragraph (10), as redesignated by
paragraph (2) of this section, the following new paragraph:
``(11) may maintain bank accounts outside the United States
Treasury and retain any interest earned on such accounts in
furtherance of the purposes of this Act;''.
SEC. 5. MANAGEMENT OF FOUNDATION.
(a) Reimbursement of Transportation Expenses.--Subsection (b) of
section 507 of such Act (22 U.S.C. 290h-5(b)) is amended by inserting
after ``transportation expenses'' the following: ``(in accordance with
the Federal Travel Regulations (chapters 300 through 304 of title 41,
Code of Federal Regulations))''.
(b) Limited Authority To Make Appointments Without Regard to
Certain Civil Service Laws.--Subsection (d) of such section (22 U.S.C.
290h-5(d)) is amended by adding at the end the following new paragraph:
``(3) Subject to the full time equivalent (FTE) ceiling of the
Foundation, the president may, without regard to civil service laws
governing appointments in the competitive service, provide time-limited
appointments lasting up to 4 years to not more than 4 individuals.
Individuals so appointed shall be subject to termination without regard
to chapter 75 of title 5, United States Code.''.
(c) Elimination of Requirement To Establish Advisory Council.--
Subsection (e) of such section is amended--
(1) in paragraph (1), by striking ``shall'' and inserting
``may''; and
(2) in paragraph (2), by striking ``The Board'' and
inserting ``If an advisory council is established under
paragraph (1), the Board''. | African Development Foundation Act of 2007 - Amends the African Development Foundation Act to rename the African Development Foundation as the United States African Development Foundation.
Increases individual project funding limits.
Authorizes the Foundation to make awards to qualifying small- or medium-sized entities that are not wholly owned or controlled African entities.
Authorizes (current law requires) the Foundation's Board of Directors to establish an advisory council. | {"src": "billsum_train", "title": "A bill to amend the African Development Foundation Act to change the name of the Foundation, modify the administrative authorities of the Foundation, and for other purposes."} | 1,419 | 89 | 0.533432 | 1.375938 | 0.83884 | 2.641026 | 16.384615 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Cost Reduction Act of
2012''.
SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE.
(a) Task Force Established.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Education shall establish
the Higher Education Regulatory Reform Task Force.
(b) Membership.--The Higher Education Regulatory Reform Task Force
shall include--
(1) the Secretary of Education or the Secretary's designee;
(2) the head of each other Federal agency (or such head's
designee) that the Secretary of Education determines to be
relevant to the activities of the Higher Education Regulatory
Reform Task Force;
(3) a representative of the Advisory Committee on Student
Financial Assistance established under section 491 of the
Higher Education Act of 1965 (20 U.S.C. 1098);
(4) representatives from the higher education community,
including--
(A) institutions of higher education, with equal
representation of public and private nonprofit
institutions, and two-year and four-year institutions,
and with not less than 25 percent of such
representative institutions carrying out distance
education programs; and
(B) nonprofit organizations representing
institutions of higher education; and
(5) any other entity or individual the Secretary of
Education determines appropriate.
(c) Activities.--
(1) Report required.--Not later than one year after the
date of enactment of this Act, the Secretary of Education shall
submit to Congress and make available on a publicly available
website a report (in this Act referred to as the ``Higher
Education Regulatory Reform Report'') prepared by the Higher
Education Regulatory Reform Task Force on Federal regulatory
requirements for institutions of higher education. In
prioritizing the review and consideration of such regulatory
requirements for the purposes of the Higher Education
Regulatory Reform Report, the Higher Education Regulatory
Reform Task Force shall give highest priority to regulations
related to--
(A) State authorization of distance education;
(B) the Integrated Postsecondary Education Data
System (IPEDS);
(C) the Office of Management and Budget's A-21
Circular;
(D) reporting under the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act;
(E) calculation of default rates under section
435(a) of the Higher Education Act of 1965;
(F) gainful employment;
(G) revenue requirements for institutions of higher
education under section 487(a)(24) and (d) of the
Higher Education Act of 1965; and
(H) the Single Audit Act of 1984 and the Office of
Management and Budget's A-133 Circular.
(2) Contents of report.--The Higher Education Regulatory
Reform Report shall contain the following with respect to
regulatory requirements for institutions of higher education:
(A) A list of rules that are determined to be
outmoded, duplicative, ineffective, or excessively
burdensome.
(B) For each rule listed in accordance with
subparagraph (A), an analysis of how the costs outweigh
the benefits for such rule.
(C) Recommendations to consolidate, modify,
simplify, or repeal such rules to make such rules more
effective or less burdensome.
(D) A description of the justification for and
impact of the recommendations described in subparagraph
(C), as appropriate and available, including supporting
data for such justifications and the financial impact
of such recommendations on institutions of higher
education of varying sizes and types.
(E) Recommendations on the establishment of a
permanent entity to review new regulatory requirements
affecting institutions of higher education.
(3) Notice and comment.--At least 60 days before submission
of the Higher Education Regulatory Reform Report required under
paragraph (1), the Secretary of Education shall publish the
report in the Federal Register for public notice and comment.
The Higher Education Regulatory Reform Task Force may modify
the report in response to any comments received before
submission of the report to Congress.
(d) Definition of Institution of Higher Education.--For the
purposes of this section, the term ``institution of higher education''
has the meaning given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS.
(a) Presentation of Higher Education Regulatory Reform Report to
Congress and Expedited Consideration.--
(1) In general.--The President shall propose, at the time
and in the manner provided in paragraph (2), the carrying out
of all or part of the recommendations contained in the Higher
Education Regulatory Reform Report prepared by the Higher
Education Regulatory Reform Task Force in accordance with
section 2.
(2) Transmittal of special message.--
(A) Message requirements.--Not later than 120 days
after the submission of the Higher Education Regulatory
Reform Report to Congress under section 2(c), the
President shall transmit to Congress a special message
to carry out all or part of the recommendations
contained in such Report. The President shall include
with that special message a bill that would carry out
the recommendations. The President may not transmit
more than one such special message each year.
(B) Bill text.--The President shall include in the
bill required under subparagraph (A), without
amendment, the following text:
``SEC. 2. CONTROLLING RISING COLLEGE COSTS.
``(a) Controlling Rising College Costs.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall promulgate
regulations that--
``(1) require institutions of higher education to control
annual tuition increases; and
``(2) establish penalties for institutions of higher
education that do not comply with the regulations promulgated
under paragraph (1), taking into account the affects of such
penalties on various types of institutions and the specific
circumstances of institutions that may result in such
noncompliance, including failure of States to adhere to
maintenance of effort requirements under section 137 of the
Higher Education Act of 1965 (20 U.S.C. 1015f).
``(b) Inapplicability of Rulemaking Requirements.--Section 482(c)
and section 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c);
1098a) shall not apply to the regulations required by this section.
``(c) Definitions.--For purposes of this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(2) Annual tuition.--The term `tuition' means the average
annual cost of tuition and fees for an institution of higher
education for first-time, full-time undergraduate students
enrolled in the institution.''.
(3) Expedited consideration of president's higher education
regulatory reform bill.--
(A) Higher education regulatory reform bill.--
Within 14 days after the President submits to Congress
a bill under paragraph (2), the majority leader of the
House of Representatives and the majority leader of the
Senate shall each introduce such bill, by request.
(B) Consideration in the house of
representatives.--
(i) Referral and reporting.--Any committee
of the House of Representatives to which such
bill is referred shall report it to the House
without amendment not later than the 14th
legislative day after the date of its
introduction. If a committee fails to report
the bill within that period or the House has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress,
such committee shall be automatically
discharged from further consideration of the
bill and it shall be placed on the appropriate
calendar.
(ii) Proceeding to consideration.--Not
later than 21 legislative days after such bill
is reported or a committee has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider such
bill in the House. Such a motion shall be
highly privileged and not debatable, and shall
be in order only at a time designated by the
Speaker in the legislative schedule within two
legislative days after the day on which the
proponent announces an intention to the House
to offer the motion provided that such notice
may not be given until such bill is reported or
a committee has been discharged from further
consideration thereof. Such a motion shall not
be in order after the House has disposed of a
motion to proceed with respect to that special
message. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. A motion
to reconsider the vote by which the motion is
disposed of shall not be in order.
(iii) Consideration.--If the motion to
proceed is agreed to, the House shall
immediately proceed to consider such bill in
the House without intervening motion. Such bill
shall be considered as read. All points of
order against the bill and against its
consideration are waived. The previous question
shall be considered as ordered on the bill to
its passage without intervening motion except 4
hours of debate equally divided and controlled
by the proponent and an opponent and one motion
to limit debate on the bill. A motion to
reconsider the vote on passage of the bill
shall not be in order.
(C) Consideration in the senate.--
(i) Committee action.--The appropriate
committee of the Senate shall report without
amendment the bill referred to in subparagraph
(A) not later than the seventh session day
after introduction. If a committee fails to
report the bill within that period or the
Senate has adopted a concurrent resolution
providing for adjournment sine die at the end
of a Congress, the Committee shall be
automatically discharged from further
consideration of the bill and it shall be
placed on the appropriate calendar.
(ii) Motion to proceed.--Not later than 3
session days after the bill is reported in the
Senate or the committee has been discharged
thereof, it shall be in order for any Senator
to move to proceed to consider the bill in the
Senate. The motion shall be decided without
debate and the motion to reconsider shall be
deemed to have been laid on the table. Such a
motion shall not be in order after the Senate
has disposed of a prior motion to proceed with
respect to the draft bill.
(iii) Consideration.--If a motion to
proceed to the consideration of the draft bill
is agreed to, the Senate shall immediately
proceed to consideration of the draft bill
without intervening motion, order, or other
business, and the draft bill shall remain the
unfinished business of the Senate until
disposed of. Consideration on the bill in the
Senate under this subsection, and all debatable
motions and appeals in connection therewith,
shall not exceed 10 hours equally divided in
the usual form. All points of order against the
draft bill or its consideration are waived.
Consideration in the Senate on any debatable
motion or appeal in connection with the draft
bill shall be limited to not more than 10
hours. A motion to postpone, or a motion to
proceed to the consideration of other business,
or a motion to recommit the draft bill is not
in order. A motion to reconsider the vote by
which the draft bill is agreed to or disagreed
to is not in order.
(D) Amendments prohibited.--No amendment to, or
motion to strike a provision from, the draft bill
considered under this section shall be in order in
either the House of Representatives or the Senate.
(E) Coordination with action by other house.--If,
before passing the bill, one House receives from the
other a bill--
(i) the bill of the other House shall not
be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no bill had been
received from the other House until the vote on
passage, when the bill received from the other
House shall supplant the bill of the receiving
House.
(F) Limitation.--This paragraph shall apply only to
the bill referred to in subparagraph (A), introduced
pursuant to such subparagraph.
(b) Definition.--For purposes of this section, continuity of a
session of either House of Congress shall be considered as broken only
by an adjournment of that House sine die, and the days on which that
House is not in session because of an adjournment of more than 3 days
to a date certain shall be excluded in the computation of any period. | College Cost Reduction Act of 2012 - Directs the Secretary of Education to establish the Higher Education Regulatory Reform Task Force to prepare a report, that is to be submitted to Congress and made available on a publicly accessible website, on federal regulatory requirements for institutions of higher education (IHEs).
Requires the report to contain: (1) a list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome; (2) an analysis of how the costs of such rules outweigh their benefits; (3) recommendations to consolidate, modify, simplify, or repeal such rules and a description of the justification for and impact of such recommendations; and (4) recommendations on establishing a permanent entity to review new regulatory requirements affecting IHEs.
Requires the President to submit to Congress a legislative proposal for carrying out some or all of the recommendations contained in the report. Includes, as part of that proposal, a requirement that the Secretary promulgate regulations requiring IHEs to control annual tuition increases and penalizing noncompliant schools.
Establishes congressional procedures to expedite consideration of the President's proposal. | {"src": "billsum_train", "title": "To establish the Higher Education Regulatory Reform Task Force, to establish procedures for the presentation and expedited consideration by Congress of the recommendations of the Higher Education Regulatory Reform Task Force, to establish requirements for college cost reduction, and for other purposes."} | 2,687 | 248 | 0.550344 | 1.604221 | 0.77468 | 3.492891 | 12 | 0.876777 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Governance Reform Act of
2009''.
SEC. 2. INDEPENDENCE OF CHAIRMAN OF THE BOARD.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 10A the following new section:
``SEC. 10B. INDEPENDENCE OF CHAIRMAN OF THE BOARD.
``(a) Independence Requirement.--The chairman of the board of
directors of an issuer shall be independent.
``(b) Prohibition on Service as Executive Officer.--An individual
may not serve as an executive officer of an issuer while serving as the
chairman of the board of directors of such issuer.''.
SEC. 3. RISK MANAGEMENT COMMITTEE.
(a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.), as amended, is further amended by inserting after section 10B
the following new section:
``SEC. 10C. RISK MANAGEMENT.
``(a) Risk Management Committee.--
``(1) Independence required.--Each member of the risk
management committee of an issuer shall be independent.
``(2) Duties.--The risk management committee of an issuer
shall periodically review the risk management policies of the
issuer.
``(b) Chief Risk Officer.--Each issuer shall have a chief risk
officer who shall--
``(1) establish, evaluate, and enforce the risk management
policies and procedures of the issuer; and
``(2) report directly to the risk management committee.''.
(b) Definition.--Section 3(a) of the Securities Exchange Act (15
U.S.C. 78c(a)) is amended by adding at the end the following:
``(65) Risk management committee.--The term `risk
management committee' means--
``(A) a committee (or equivalent body) established
by and amongst the board of directors of an issuer for
the purpose of overseeing the risk management policies
and procedures of the issuer; and
``(B) if no such committee exists with respect to
an issuer, the entire board of directors of the
issuer.''.
SEC. 4. COMPENSATION COMMITTEE.
(a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.), as amended, is further amended by inserting after section 10C
the following new section:
``SEC. 10D. COMPENSATION COMMITTEE.
``(a) Independence Required.--Each member of the compensation
committee of an issuer shall be independent.
``(b) Duties.--The compensation committee of an issuer shall
periodically review all compensation practices and structures of the
issuer.''.
(b) Definition.--Section 3(a) of the Securities Exchange Act (15
U.S.C. 78c(a)), as amended, is further amended by adding at the end the
following:
``(66) Compensation committee.--The term `compensation
committee' means--
``(A) a committee (or equivalent body) established
by and amongst the board of directors of an issuer for
the purpose of overseeing and reviewing the
compensation provided by the issuer to the executives
and employees of the issuer; and
``(B) if no such committee exists with respect to
an issuer, the entire board of directors of the
issuer.''.
SEC. 5. SHAREHOLDER VOTE ON EXECUTIVE COMPENSATION.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 14 the following new section:
``SEC. 14A. ANNUAL SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION.
``(a) Separate Resolution Required.--Any proxy or consent or
authorization for an annual or other meeting for which the proxy
solicitation rules of the Commission require compensation disclosure of
the shareholders occurring after the end of the 1-year period beginning
on the date of enactment of this subsection, shall include a separate
resolution subject to shareholder vote to approve the compensation of
executives as disclosed pursuant to the compensation disclosure rules
of the Commission (which disclosure shall include the compensation
discussion and analysis, the compensation tables, and any related
material).
``(b) Rule of Construction.--The shareholder vote referred to in
subsection (a) shall not be binding on the board of directors and shall
not be construed--
``(1) as overruling a decision by such board;
``(2) to create or imply any change to the current
fiduciary duties of such board;
``(3) to create or imply any additional fiduciary duty by
such board; or
``(4) to restrict or limit the ability of shareholders to
make proposals for inclusion in such proxy materials related to
executive compensation.''.
SEC. 6. STUDY ON DIRECTOR CERTIFICATION.
(a) Study Required.--The Securities and Exchange Commission shall
carry out a study on the feasibility of requiring, and the logistics of
implementing, a certification process under which an individual seeking
to become a member of the board of directors of an issuer would have to
first be certified by the Securities and Exchange Commission as having
the experience and expertise necessary to carry out the functions of a
member of the board of directors of such issuer.
(b) Report.--Not later than the end of the 1-year period beginning
on the date of the enactment of this Act, the Securities and Exchange
Commission shall submit a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate containing the conclusions of the study
required under subsection (a).
SEC. 7. REGULATIONS AND PROHIBITION ON LISTING FOR NON-COMPLIANCE.
Not later than the end of the 6-month period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall--
(1) issue regulations to carry out the amendments made by
this Act; and
(2) by rule, direct the national securities exchanges and
national securities associations to prohibit the listing of any
security of an issuer that is not in compliance with the
requirements of any portion of sections 10B, 10C, or 10D of the
Securities Exchange Act of 1934.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect with respect to
issuers after the end of the 1-year period beginning on the date of the
enactment of this Act. | Corporate Governance Reform Act of 2009 - Amends the Securities Exchange Act of 1934 to: (1) require the chairman of the board of directors of an issuer of securities to be independent; (2) prohibit simultaneous service as an executive officer and chairman of the board; (3) require each member of the risk management committee of an issuer to be independent; (4) require such risk management committee to review periodically the issuer's risk management policies; and (5) require each issuer to have a chief risk officer to establish, evaluate, and enforce risk management, and report directly to the risk management committee.
Requires: (1) each member of the compensation committee of an issuer to be independent; and (2) the compensation committee to review periodically all compensation practices and structures.
Requires any proxy, consent, or authorization for a shareholder meeting to include a separate resolution subject to shareholder approval on the compensation of executives, including compensation discussion, analysis, and compensation tables.
Directs the Securities and Exchange Commission (SEC) to study and report to certain congressional committees on the feasibility of requiring SEC certification of an individual as qualified to perform the functions of a member of the board of directors of an issuer. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to add requirements for board of directors committees regarding risk management and compensation policies, to require non-binding shareholder votes on executive compensation, and for other purposes."} | 1,516 | 250 | 0.660206 | 1.847676 | 0.881025 | 3.100418 | 5.414226 | 0.933054 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Insurance Regulation
Preservation Act''.
SEC. 2. SUPERVISION OF INSURANCE SAVINGS AND LOAN HOLDING COMPANIES.
(a) Definitions.--Section 10(a)(1) of the Home Owners' Loan Act (12
U.S.C. 1467a(a)(1)) is amended by inserting at the end the following:
``(K) Domicile.--The term `domicile' means the
State in which an insurance underwriting company or the
holding company for such company is incorporated,
chartered, or organized.
``(L) Business of insurance.--The term `business of
insurance' means any activity that is regulated in
accordance with the relevant State insurance laws and
regulations, including the writing of insurance and the
reinsuring of risks.
``(M) Insurance savings and loan holding company.--
The term `insurance savings and loan holding company'
means--
``(i) a savings and loan holding company
with 75 percent or more of its total
consolidated assets in an insurance
underwriting company (or insurance underwriting
companies), other than assets associated with
insurance for credit risk, during the 4 most
recent consecutive quarters, as calculated in
accordance with Generally Accepted Accounting
Principles or the Statutory Accounting
Principles in accordance with State law;
``(ii) a company that--
``(I) was a savings and loan
holding company as of July 21, 2010,
and through date of enactment of this
clause; and
``(II) was not subject to the Basel
III capital regulation promulgated by
the Board of Governors of the Federal
Reserve System and the Comptroller of
the Currency on October 11, 2013 (78
Fed. Reg. 62018), because the savings
and loan holding company held 25
percent or more of its total
consolidated assets in subsidiaries
that are insurance underwriting
companies (other than assets associated
with insurance for credit risk); or
``(iii) a top-tier savings and loan holding
company that--
``(I) was registered as a savings
and loan holding company before July
21, 2010; and
``(II) is a New York not-for-profit
corporation formed for the purpose of
holding the stock of a New York
insurance company.
``(N) Insurance underwriting company.--The term
`insurance underwriting company' means an insurer that
is subject to regulation by a State insurance authority
of the insurer's domicile.
``(O) State insurance authority.--The term `State
insurance authority' means the State insurance
authority of the State in which an insurance
underwriting company or holding company for such
company is domiciled.
``(P) Top-tier savings and loan holding company.--
The term `top-tier savings and loan holding company'
means the ultimate parent company in a savings and loan
holding company structure.''.
(b) Registration.--Section 10(b)(1) of the Home Owners' Loan Act
(12 U.S.C. 1467a(b)(1)) is amended by inserting at the end the
following new sentence:
``A savings and loan holding company that is an insurance savings
and loan holding company shall register as an insurance savings and
loan holding company.''.
(c) Reports.--Section 10(b)(2) of the Home Owners' Loan Act (12
U.S.C. 1467a(b)(2)) is amended by adding at the end the following new
subparagraph:
``(D) Insurance savings and loan holding
companies.--The Board, to the fullest extent possible,
shall request reports and other information filed by
insurance savings and loan holding companies and any
insurance underwriting company that is a subsidiary of
such company with other Federal authorities and the
State insurance authority for such company before
requesting such reports or information from the
insurance savings and loan holding company or any
insurance underwriting company that is a subsidiary of
such company.
``(E) Rule of construction.--Nothing in this
section may be construed as prohibiting the Board from
requesting reports and other information that is not
otherwise collected and shared with other Federal or
State authorities.''.
(d) Books and Records.--Section 10(b)(3) of the Home Owners' Loan
Act (12 U.S.C. 1467a(b)(3)) is amended--
(1) by striking ``Each'' and inserting the following:
``(A) In general.--Each''; and
(2) by inserting at the end the following new subparagraph:
``(B) Insurance savings and loan holding
companies.--The Board, to the fullest extent possible,
shall align any prescribed recordkeeping requirements
for an insurance savings and loan holding company with
the recordkeeping requirements imposed by the State
insurance authority of such company and any insurance
underwriting company that is a subsidiary of such
company.''.
(e) Examinations.--Section 10(b)(4)(C) of the Home Owners' Loan Act
(12 U.S.C. 1467a(b)(4)(C)) is amended--
(1) in clause (i), by striking the word ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) Insurance savings and loan holding
companies.--
``(I) Coordination.--The Board, to
the fullest extent possible, shall
coordinate examinations of an insurance
savings and loan holding company in
conjunction with the State insurance
authority of such company and any
insurance underwriting company that is
a subsidiary of such company and other
State and Federal authorities in order
to minimize the potential for
duplication and conflict between the
examinations conducted by the Board and
the examinations conducted by other
State and Federal authorities.
``(II) Scope and frequency.--
Following public notice and comment,
the Board shall establish a schedule
for the frequency and the scope of
examinations of insurance savings and
loan holding companies that is
consistent with the supervisory
framework required by paragraph (7).''.
(f) Supervision.--Section 10(b) of the Home Owners' Loan Act (12
U.S.C. 1467a(b)) is amended by inserting at the end the following new
paragraph:
``(7) Insurance savings and loan holding companies.--
``(A) Tailored supervision.--The Board, by rule,
shall establish a supervisory framework for insurance
savings and loan holding companies that--
``(i) is tailored to the unique risks,
operations, and activities of insurance savings
and loan holding companies; and
``(ii) to the fullest extent possible, and
consistent with the safe and sound operation of
insurance savings and loan holding companies,
does not unnecessarily duplicate the
supervision of insurance underwriting companies
by the State insurance authorities for such
companies or insurance underwriting companies
that are subsidiaries of such companies.
``(B) Review of supervisory guidance.--Following
public notice and comment, the Board shall review and
revise supervisory policy letters and guidance
applicable to insurance savings and loan holding
companies to ensure that such letters and guidance are
not inconsistent with the supervisory framework
required by this paragraph.''.
SEC. 3. ASSESSMENTS AND FEES FOR INSURANCE SAVINGS AND LOAN HOLDING
COMPANIES.
Section 11(s) of the Federal Reserve Act (12 U.S.C. 248(s)), which
relates to assessments and fees, is amended by inserting at the end the
following new paragraph:
``(4) Excluded assets.--For purposes of paragraph (2)(B),
the total consolidated assets of an insurance savings and loan
holding company, as defined in section 10(a)(1)(L) of the Home
Owners' Loan Act (12 U.S.C. 1467a(a)(1)(L)), shall not include
assets attributable to the business of insurance conducted by
such company or any affiliate of such company, other than
assets associated with insurance for credit risk.''.
SEC. 4. IMPLEMENTATION.
(a) Implementation of Supervisory Framework.--The Board shall
establish the supervisory framework required by section 10(b)(7) of the
Home Owners' Loan Act (12 U.S.C. 1467a(b)(7)), as added by this Act,
within 24 months of the date of enactment of this Act.
(b) Review of Supervisory Guidance.--The Board shall complete the
review of supervisory policy letters and policy guidance required by
section 10(b)(7) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(7)),
as added by this Act, within 30 months of the date of enactment of this
Act.
(c) Report to Congress.--The Board, no later than 36 months after
the date of enactment of this Act, shall submit a report to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives on the
implementation of this Act.
(d) Board Defined.--As used in this section, the term ``Board''
means the Board of Governors of the Federal Reserve System.
SEC. 5. RELATIONSHIP TO OTHER LAWS.
This Act and the amendments made by this Act shall not limit any
authority over insurance savings and loan holding companies (as defined
under section 10(a)(1) of the Home Owners' Loan Act) that is provided
by a Federal law other than the Home Owners' Loan Act.
SEC. 6. RULEMAKING AUTHORITY.
The Board may issue regulations and orders as may be necessary to--
(1) administer and carry out this Act and the amendments
made by this Act; and
(2) prevent evasions of this Act and the amendments made by
this Act.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act may be
construed to affect the authority of the Board of Governors of the
Federal Reserve System over any subsidiary of an insurance savings and
loan holding company that is not an insurance underwriting company (as
such terms are defined, respectively, under section 10(a)(1) of the
Home Owners' Loan Act).
Passed the House of Representatives September 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | State Insurance Regulation Preservation Act This bill amends the Home Owners' Loan Act to limit the applicability of reporting and filing requirements for insurance savings and loan holding companies (ISLHCs). Such holding companies shall also be exempt from requirements relating to examination and supervision by the Federal Reserve Board (FRB) if they meet certain state and federal capital requirements. Certain FRB regulations as applied to ISLHCs must be tailored to the insurance business and applicable state insurance requirements. | {"src": "billsum_train", "title": "State Insurance Regulation Preservation Act"} | 2,330 | 114 | 0.493627 | 1.369324 | 0.599385 | 1.8 | 23.941176 | 0.741176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigrants to New Americans Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1997, there were an estimated 25,800,000 foreign-
born individuals residing in the United States. That number is
the largest number of such foreign-born individuals in United
States history and represents a 6,000,000, or 30 percent,
increase over the 1990 census figure of 19,800,000 of such
foreign-born individuals. The Bureau of the Census estimates
that the recently arrived immigrant population (including the
refugee population) currently residing in the Nation will
account for 75 percent of the population growth in the United
States over the next 50 years.
(2) For millions of immigrants settling into the Nation's
hamlets, towns, and cities, the dream of ``life, liberty, and
the pursuit of happiness'' has become a reality. The wave of
immigrants, of various nationalities, who have chosen the
United States as their home, has positively influenced the
Nation's image and relationship with other nations. The diverse
cultural heritage of the Nation's immigrants has helped define
the Nation's culture, customs, economy, and communities. By
better understanding the people who have immigrated to the
Nation, individuals in the United States better understand what
it means to be an American.
(3) There is a critical shortage of teachers with the
skills needed to educate immigrant students and their families
in nonconcentrated, nontraditional, immigrant communities as
well as communities with large immigrant populations. The large
influx of immigrant families over the last decade presents a
national dilemma: The number of such families with school-age
children requiring assistance to successfully participate in
elementary schools, secondary schools, and communities in the
United States, is increasing without a corresponding increase
in the number of teachers with skills to accommodate their
needs.
(4) Immigrants arriving in communities across the Nation
generally settle into high-poverty areas, where funding for
programs to provide immigrant students and their families with
the services the students and families need to successfully
participate in elementary schools, secondary schools, and
communities in the United States is inadequate.
(5) The influx of immigrant families settling into many
United States communities is often the result of concerted
efforts by local employers who value immigrant labor. Those
employers realize that helping immigrants to become productive,
prosperous members of a community is beneficial for the local
businesses involved, the immigrants, and the community.
Further, local businesses benefit from the presence of the
immigrant families because the families present businesses with
a committed and effective workforce and help open up new market
opportunities. However, many of the communities into which the
immigrants have settled need assistance in order to give
immigrant students and their families the services the students
and families need to successfully participate in elementary
schools, secondary schools, and communities in the United
States.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a grant program, within the
Department of Education, that provides funding to partnerships of local
educational agencies and community-based organizations for the
development of model programs to provide immigrant students and their
families with the services the students and families need to
successfully participate in elementary schools, secondary schools, and
communities in the United States.
SEC. 4. DEFINITIONS.
(1) Immigrant.--In this Act, the term ``immigrant'' has the
meaning given the term in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) Other terms.--Other terms used in this Act have the
meanings given the terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
SEC. 5. PROGRAM AUTHORIZED.
(a) In General.--The Secretary of Education may award not more than
10 grants in a fiscal year to eligible partnerships for the design and
implementation of model programs to--
(1) assist immigrant students achieve in elementary schools
and secondary schools in the United States by offering such
educational services as English as a second language classes,
literacy programs, programs for introduction to the education
system, and civics education; and
(2) assist parents of immigrant students by offering such
services as parent education and literacy development services
and by coordinating activities with other entities to provide
comprehensive community social services such as health care,
job training, child care, and transportation services.
(b) Eligible Partnerships.--To be eligible to receive a grant under
this Act, a partnership--
(1) shall include--
(A) at least 1 local educational agency; and
(B) at least 1 community-based organization; and
(2) may include another entity such as--
(A) an institution of higher education;
(B) a local or State government agency;
(C) a private sector entity; or
(D) another entity with expertise in working with
immigrants.
(c) Duration.--Each grant awarded under this Act shall be awarded
for a period of not more than 5 years. A partnership may use funds made
available through the grant for not more than 1 year for planning and
program design.
SEC. 6. APPLICATIONS FOR GRANTS.
(a) In General.--Each eligible partnership desiring a grant under
this Act shall submit an application to the Secretary at such time and
in such manner as the Secretary may require.
(b) Required Documentation.--Each application submitted by a
partnership under this section for a proposed program shall include
documentation that--
(1) the partnership has the qualified personnel required to
develop, administer, and implement the proposed program; and
(2) the leadership of each participating school has been
involved in the development and planning of the program in the
school.
(c) Other Application Contents.--Each application submitted by a
partnership under this section for a proposed program shall include--
(1) a list of the organizations entering into the
partnership;
(2) a description of the need for the proposed program,
including data on the number of immigrant students, and the
number of such students with limited English proficiency in the
schools or school districts to be served through the program
and the characteristics of the students described in this
paragraph, including--
(A) the native languages of the students to be
served;
(B) the proficiency of the students in English and
the students' native languages;
(C) achievement data for the students in--
(i) reading or language arts (in English
and in the students' native languages, if
applicable); and
(ii) mathematics; and
(D) the previous schooling experiences of the
students;
(3) a description of the goals of the program;
(4) a description of how the funds made available through
the grant will be used to supplement the basic services
provided to the immigrant students to be served;
(5) a description of activities that will be pursued by the
partnership through the program, including a description of--
(A) how parents, students, and other members of the
community, including members of private organizations
and nonprofit organizations, will be involved in the
design and implementation of the program;
(B) how the activities will further the academic
achievement of immigrant students served through the
program;
(C) methods of teacher training and parent
education that will be used or developed through the
program, including the dissemination of information to
immigrant parents, that is easily understandable in the
language of the parents, about educational programs and
the rights of the parents to participate in educational
decisions involving their children; and
(D) methods of coordinating comprehensive community
social services to assist immigrant families;
(6) a description of how the partnership will evaluate the
progress of the partnership in achieving the goals of the
program;
(7) a description of how the local educational agency will
disseminate information on model programs, materials, and other
information developed under this Act that the local educational
agency determines to be appropriate for use by other local
educational agencies in establishing similar programs to
facilitate the educational achievement of immigrant students;
(8) an assurance that the partnership will annually provide
to the Secretary such information as may be required to
determine the effectiveness of the program; and
(9) any other information that the Secretary may require.
SEC. 7. SELECTION OF GRANTEES.
(a) Criteria.--The Secretary, through a peer review process, shall
select partnerships to receive grants under this Act on the basis of
the quality of the programs proposed in the applications submitted
under section 6, taking into consideration such factors as--
(1) the extent to which the program proposed in such an
application effectively addresses differences in language,
culture, and customs;
(2) the quality of the activities proposed by a
partnership;
(3) the extent of parental, student, and community
involvement;
(4) the extent to which the partnership will ensure the
coordination of comprehensive community social services with
the program;
(5) the quality of the plan for measuring and assessing
success; and
(6) the likelihood that the goals of the program will be
achieved.
(b) Geographic Distribution of Programs.--The Secretary shall
approve applications under this Act in a manner that ensures, to the
extent practicable, that programs assisted under this Act serve
different areas of the Nation, including urban, suburban, and rural
areas, with special attention to areas that are experiencing an influx
of immigrant groups (including refugee groups), and that have limited
prior experience in serving the immigrant community.
SEC. 8. EVALUATION AND PROGRAM DEVELOPMENT.
(a) Requirement.--Each partnership receiving a grant under this Act
shall--
(1) conduct a comprehensive evaluation of the program
assisted under this Act, including an evaluation of the impact
of the program on students, teachers, administrators, parents,
and others; and
(2) prepare and submit to the Secretary a report containing
the results of the evaluation.
(b) Evaluation Report Components.--Each evaluation report submitted
under this section for a program shall include--
(1) data on the partnership's progress in achieving the
goals of the program;
(2) data showing the extent to which all students served by
the program are meeting the State's student performance
standards, including--
(A) data comparing the students served under this
Act with other students, with regard to grade retention
and academic achievement in reading and language arts,
in English and in the native languages of the students
if the program develops native language proficiency,
and in mathematics; and
(B) a description of how the activities carried out
through the program are coordinated and integrated with
the overall school program of the school in which the
program described in this Act is carried out, and with
other Federal, State, or local programs serving limited
English proficient students;
(3) data showing the extent to which families served by the
program have been afforded access to comprehensive community
social services; and
(4) such other information as the Secretary may require.
SEC. 9. ADMINISTRATIVE FUNDS.
A partnership that receives a grant under this Act may use not more
than 5 percent of the grant funds received under this Act for
administrative purposes.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the 4 succeeding fiscal years. | Immigrants to New Americans Act - Authorizes the Secretary of Education to award up to ten grants per fiscal year to local education agency and community organization based partnerships to implement model educational programs to assist immigrant students and their parents. | {"src": "billsum_train", "title": "A bill to ensure that immigrant students and their families receive the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States, and for other purposes."} | 2,418 | 53 | 0.400945 | 1.03047 | 0.422121 | 2.071429 | 56.714286 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Treatment of Investors
Act''.
SEC. 2. SECURITIES INVESTOR PROTECTION ACT OF 1970 AMENDMENTS.
(a) Net Equity Based on Last Statement.--Section 16(11) of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is
amended to read as follows:
``(11) Net equity.--
``(A) In general.--The term `net equity' means the
dollar amount of the account or accounts of a customer,
to be determined by--
``(i) calculating the sum which would have
been owed by the debtor to such customer if the
debtor had liquidated, by sale or purchase on
the filing date--
``(I) all securities positions of
such customer (other than customer name
securities reclaimed by such customer);
and
``(II) all positions in futures
contracts and options on futures
contracts held in a portfolio margining
account carried as a securities account
pursuant to a portfolio margining
program approved by the Commission,
including all property collateralizing
such positions, to the extent that such
property is not otherwise included
herein; minus
``(ii) any indebtedness of such customer to
the debtor on the filing date; plus
``(iii) any payment by such customer of
such indebtedness to the debtor which is made
with the approval of the trustee and within
such period as the trustee may determine (but
in no event more than sixty days after the
publication of notice under section 8(a)).
``(B) Treatment of certain commodity futures
contracts.--A claim for a commodity futures contract
received, acquired, or held in a portfolio margining
account pursuant to a portfolio margining program
approved by the Commission or a claim for a security
futures contract, shall be deemed to be a claim with
respect to such contract as of the filing date, and
such claim shall be treated as a claim for cash.
``(C) Treatment of accounts held by a customer in
separate capacities.--In determining net equity under
this paragraph, accounts held by a customer in separate
capacities shall be deemed to be accounts of separate
customers.
``(D) Reliance on final customer statement.--
``(i) In general.--In determining net
equity under this paragraph, the positions,
options, and contracts of a customer held by
the debtor, and any indebtedness of the
customer to the debtor, shall be determined
based on--
``(I) the information contained in
the last statement received by the
customer from the debtor before the
filing date; and
``(II) any additional specific
confirmations of the customer's
positions, options, contracts, or
indebtedness received after such last
statement but before the filing date.
``(ii) Fraud exception.--The provisions of
this subparagraph shall not apply to any
customer that--
``(I) knew the debtor was involved
in fraudulent activity with respect to
any customer of the debtor; or
``(II) was a person that--
``(aa) was, or was required
to be, registered with the
Securities and Exchange
Commission under the securities
laws (as such term is defined
under section 3(a) of the
Securities Exchange Act of 1934
(15 U.S.C. 78c(a)));
``(bb) knew, or should have
known, that the debtor was
involved in fraudulent activity
with respect to any customer of
the debtor; and
``(cc) did not notify SIPC,
the Commission, or law
enforcement personnel that the
debtor was involved in such
fraudulent activity.''.
(b) Prohibition on Certain Recoveries.--Section 8 of the Securities
Investor Protection Act of 1970 (15 U.S.C. 78fff-2) is amended by
adding at the end the following new subsection:
``(g) Prohibition on Certain Recoveries.--Notwithstanding any other
provision of this Act, a trustee may not recover any property
transferred by the debtor to a customer before the filing date unless,
at the time of such transfer, such customer--
``(1) knew the debtor was involved in fraudulent activity
with respect to any customer of the debtor; or
``(2) was a person that--
``(A) was, or was required to be, registered with
the Securities and Exchange Commission under the
securities laws (as such term is defined under section
3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)));
``(B) knew, or should have known, that the debtor
was involved in fraudulent activity with respect to any
customer of the debtor; and
``(C) did not notify SIPC, the Commission, or law
enforcement personnel that the debtor was involved in
such fraudulent activity.''.
(c) Appointment of Trustees.--
(1) In general.--Section 5(b)(3) of the Securities Investor
Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to
read as follows:
``(3) Appointment of trustee and attorney.--
``(A) In general.--If the court issues a protective
decree under paragraph (1), such court shall forthwith
appoint, as trustee for the liquidation of the business
of the debtor and as attorney for the trustee, such
persons as the court determines best fit to serve as
trustee and as attorney from among the persons selected
by the Commission pursuant to subparagraph (B). The
persons appointed as trustee and as attorney for the
trustee may be associated with the same firm.
``(B) Commission candidates.--With respect to a
debtor and upon the court issuing a protective decree
under paragraph (1), the Commission shall forthwith
provide the court with a list of candidates for the
position of trustee and attorney for the trustee for
such debtor.
``(C) Disinterest requirement.--No person may be
appointed to serve as trustee or attorney for the
trustee if such person is not disinterested within the
meaning of paragraph (6), except that for any specified
purpose other than to represent a trustee in conducting
a liquidation proceeding, the trustee may, with the
approval of SIPC and the court, employ an attorney who
is not disinterested.
``(D) Qualification.--A trustee appointed under
this paragraph shall qualify by filing a bond in the
manner prescribed by section 322 of title 11, United
States Code.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect with respect to trustees and attorneys
appointed after the date of the enactment of this Act.
SEC. 3. EFFECTIVE DATE.
Except as provided under section 2(c)(2), the amendments made by
section 2 shall take effect with respect to a liquidation proceeding
under the Securities Investor Protection Act of 1970 that--
(1) was in progress on the date of the enactment of this
Act; or
(2) is initiated after the date of the enactment of this
Act. | Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity."
Declares also that, in determining net equity, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on: (1) the information contained in the last statement received by the customer from the debtor before the filing date; and (2) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date.
Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers; or (2) as a registrant under the securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in such a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities Exchange Commission (SEC), or law enforcement personnel that the debtor was so involved.
Prohibits a trustee in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same critieria.
Transfers from SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee. | {"src": "billsum_train", "title": "To amend the Securities Investor Protection Act of 1970 to determine a customer's net equity based on the customer's last statement, to prohibit certain recoveries, to change how trustees are appointed, and for other purposes."} | 1,601 | 347 | 0.592691 | 1.759713 | 0.710728 | 4.597315 | 4.848993 | 0.926174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elizabeth Cady Stanton Pregnant and
Parenting Student Services Act of 2005''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) pregnant college students should not have to make a
choice between keeping their baby and staying in school;
(2) the pilot program under this Act will help interested,
eligible institutions of higher education establish pregnancy
and parenting student services offices that will operate
independent of Federal funding no later than 5 years after the
date of the enactment of this Act; and
(3) amounts appropriated to carry out other Federal
programs should be reduced to offset the costs of this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible institution of higher education.--The term
``eligible institution of higher education'' means an
institution of higher education (as such term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that has established and operates, or agrees to
establish and operate upon the receipt of a grant under this
Act, a pregnant and parenting student services office described
in section 7.
(2) Parent; parenting.--The terms ``parent'' and
``parenting'' refer to a parent or legal guardian of a minor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM.
From amounts appropriated under section 9 for a fiscal year, the
Secretary shall establish a pilot program to award grants to eligible
institutions of higher education to enable the eligible institutions to
establish (or maintain) and operate pregnant and parenting student
services offices in accordance with section 7.
SEC. 5. APPLICATION; NUMBER OF GRANTS.
(a) Application.--An eligible institution of higher education that
desires to receive a grant under this Act shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may require
(b) Requests for Additional Information.--The Secretary may require
an eligible institution submitting an application under subsection (a)
to provide additional information if the Secretary determines such
information is necessary to process the application.
(c) Number of Grants.--Subject to the availability of
appropriations under section 9, the Secretary shall award grants under
this Act to no more than 200 eligible institutions.
SEC. 6. MATCHING REQUIREMENT.
An eligible institution of higher education that receives a grant
under this Act shall contribute to the conduct of the pregnant and
parenting student services office supported by the grant an amount from
non-Federal funds equal to the amount of the grant. The non-Federal
share may be in cash or in kind, fairly evaluated, including services,
facilities, supplies, or equipment.
SEC. 7. USE OF FUNDS.
(a) In General.--An eligible institution of higher education that
receives a grant under this Act shall use grant funds to establish (or
maintain) and operate a pregnant and parenting student services office,
located on the campus of the eligible institution, that carries out the
following programs and activities:
(1) Hosts an initial pregnancy and parenting resource
forum--
(A) to assess pregnancy and parenting resources,
located on the campus or within the local community,
that are available to meet the needs described in
paragraph (2); and
(B) to set goals for--
(i) improving such resources for pregnant,
parenting, and prospective parenting students;
and
(ii) improving access to such resources.
(2) Annually assesses the performance of the eligible
institution and the office in meeting the following needs of
students enrolled in the eligible institution who are pregnant
or are parents:
(A) The inclusion of maternity coverage and the
availability of riders for additional family members in
student health care.
(B) Family housing.
(C) Child care.
(D) Flexible or alternative academic scheduling,
such as telecommuting programs.
(E) Education to improve parenting skills for
mothers and fathers and to strengthen marriages.
(F) Resources to assist parents and prospective
parents in meeting the material needs of their
children.
(G) Post-partum counseling and support groups.
(3) Identifies public and private service providers,
located on the campus of the eligible institution or within the
local community, that are qualified to meet the needs described
in paragraph (2), and establishes programs with qualified
providers to meet such needs.
(4) Assists pregnant and parenting students and their
spouses in locating and obtaining services that meet the needs
described in paragraph (2).
(5) If appropriate, provides referrals for prenatal care
and delivery, infant or foster care, or adoption, to a student
who requests such information. An office shall make such
referrals only to service providers that primarily serve the
following types of individuals:
(A) Parents.
(B) Prospective parents awaiting adoption.
(C) Women who are pregnant and plan on parenting or
placing the child for adoption.
(D) Parenting or prospective parenting couples who
are married or who plan on marrying in order to provide
a supportive environment for each other and their
child.
(b) Expanded Services.--In carrying out the programs and activities
described in subsection (a), an eligible institution of higher
education receiving a grant under this Act may choose to provide access
to such programs and activities to a pregnant or parenting employee of
the eligible institution, and the employee's spouse.
SEC. 8. REPORTING.
(a) Annual Report by Institutions.--
(1) In general.--For each fiscal year that an eligible
institution of higher education receives a grant under this
Act, the eligible institution shall prepare and submit to the
Secretary, by the date determined by the Secretary, a report
that--
(A) itemizes the pregnant and parenting student
services office's expenditures for the fiscal year;
(B) contains a review and evaluation of the
performance of the office in fulfilling the
requirements of this Act, using the specific
performance criteria or standards established under
paragraph (2)(A); and
(C) describes the achievement of the office in
meeting the needs listed in section 7(a)(2) of the
students served by the eligible institution, and the
frequency of use of the office by such students.
(2) Performance criteria.--Not later than 180 days before
the date the annual report described in paragraph (1) is
submitted, the Secretary--
(A) shall identify the specific performance
criteria or standards that shall be used to prepare the
report; and
(B) may establish the form or format of the report.
(3) Additional information.--After reviewing an annual
report of an eligible institution of higher education, the
Secretary may require that the eligible institution provide
additional information if the Secretary determines that such
additional information is necessary to evaluate the pilot
program.
(b) Report by Secretary.--The Secretary shall annually prepare and
submit a report on the findings of the pilot program under this Act,
including the number of eligible institutions of higher education that
were awarded grants and the number of students served by each pregnant
and parenting student services office receiving funds under this Act,
to the appropriate committees of the Senate and the House of
Representatives.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act no
more than $10,000,000 for each of the fiscal years 2006 through 2010. | Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005 - Expresses the sense of Congress that: (1) pregnant college students should not have to make a choice between keeping their baby and staying in school; (2) the pilot program under this Act will help institutions of higher education to establish offices that will operate independent of federal funding within five years after enactment of this Act; and (3) amounts appropriated to carry out other federal programs should be reduced to offset the costs of this Act.
Directs the Secretary of Education to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption. | {"src": "billsum_train", "title": "To establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption."} | 1,599 | 172 | 0.693853 | 1.932123 | 0.745076 | 6.14557 | 9.841772 | 0.955696 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Suborbital and Orbital Advancement
and Regulatory Streamlining Act'' or the ``SOARS Act''.
SEC. 2. COMMERCIAL SPACE LAUNCH LICENSING.
Chapter 509 of title 51, United States Code, is amended--
(1) by amending section 50902(6)(A) to read as follows:
``(A) activities involved in the preparation of a
launch vehicle or element thereof, payload, crew
(including crew training), or space flight participant
(including space flight participant training) for
launch; and'';
(2) by amending section 50904(d) to read as follows:
``(d) Single License or Permit.--The Secretary of Transportation--
``(1) shall ensure that only 1 license or permit is
required from the Department of Transportation to conduct
activities involving crew or space flight participants,
including launch and reentry;
``(2) may authorize by license or permit flight of a launch
or reentry vehicle, or element thereof, in support of a launch
or reentry, even when the vehicle or element is not being
launched or reentered; and
``(3) shall ensure that all Department of Transportation
regulations relevant to the licensed or permitted activity are
satisfied under a single license or permit.''; and
(3) in section 50906--
(A) in subsection (e), by striking ``suborbital
rocket design'' and inserting ``suborbital rocket or
rocket design''; and
(B) by amending subsection (g) to read as follows:
``(g) A permit may be issued, and a permit that has already been
issued shall remain valid for the uses described in subsection (d), for
a particular reusable suborbital rocket or rocket design after a
license has been issued for the launch or reentry of a rocket of that
design.''.
SEC. 3. DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Transportation shall establish
and implement, under the Office of Commercial Space Transportation, a
demonstration project under chapter 509 of title 51, United States
Code, to evaluate the benefits of using experimental aircraft for both
the direct and indirect support of commercial space launch and reentry
activities.
(b) Duration and Scope.--
(1) Duration.--Beginning not later than 90 days after the
date of enactment of this Act, the Secretary of Transportation
shall conduct the demonstration project for a period of not
less than 3 years.
(2) Scope.--
(A) In general.--The Secretary of Transportation
shall enroll not less than 8 commercial businesses
involved in direct and indirect support of commercial
space launch activities, with at least 1 business
designated for each Department of Transportation-
licensed commercial space launch facility.
(B) Types of activities.--Such commercial space
launch support activities may include revenue-producing
activities and the use of former military aircraft or
vehicles designated as experimental by the Department
of Transportation.
(C) Redeployment.--After a period of 6 months from
the beginning of the demonstration program, the
Secretary of Transportation shall determine if there
are any Department of Transportation-licensed launch
facilities that do not have a commercial company
participating with them in the demonstration project
and shall redeploy that demonstration allocation to any
other licensed launch facilities that are interested in
expanding their participation to a second (or more)
demonstration project company.
(3) Liability coverage.--During the period of the
demonstration program, liability of participating commercial
businesses for damages resulting from participation in the
demonstration program shall be limited to actual losses
incurred.
(4) Payment.--There will be no fees charged by the
Department of Transportation to either licensed launch
facilities or commercial businesses participating in this
demonstration project.
(5) Waiver authority.--The Secretary of Transportation may
waive such requirements or limitations of chapter 509 of title
51, United States Code, as may be necessary to carry out the
demonstration project.
(6) Study and report to congress.--
(A) Interim evaluation and report.--No sooner than
1 year and not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation
shall submit to Congress a report that contains an
interim evaluation of the positive and negative impact
of the demonstration project on the United States
commercial space transportation industry, any planned
changes to the demonstration project, and an initial
assessment of whether the duration of the demonstration
project should be extended.
(B) Further evaluation and report.--Not later than
6 months after the date of completion of the
demonstration project or 2 years after the most recent
prior report, the Secretary of Transportation shall
submit to Congress a report that contains the
following:
(i) An updated evaluation of the impact of
the demonstration project on the United States
commercial space transportation industry.
(ii) An analysis of the benefits and costs
of continuing, restarting, expanding, or making
permanent the demonstration project, including
any proposed changes to the project.
(iii) The Secretary's recommendation
regarding continuing, restarting, expanding, or
making permanent the demonstration project,
based on the analysis under clause (ii).
(iv) Options for Congress to provide any
additional legislative or regulatory authority
which may be required to implement clause
(iii).
(7) Temporary extensions.--If, at any time after the first
two years of the demonstration project, the Secretary's most
recent report to Congress has stated that the demonstration
project is succeeding in advancing the purposes of chapter 509
of title 51, United States Code, and that the duration of the
demonstration project should be extended, then the Secretary is
authorized to extend the project for a period of up to two
years per extension, without restriction, effective 30 days
after written notification to the Congress of the extension.
(c) Definitions.--In this section:
(1) Demonstration project.--The term ``demonstration
project'' means the demonstration project conducted under this
section.
(2) Indirect support of commercial space launch
activities.--The term ``indirect support of commercial space
launch activities'' shall include pilot, crew, and passenger
evaluation, preparation, and training, payload testing and
preparation, and any other activities deemed necessary by the
commercial space launch company participating in the
demonstration project to prepare for, or execute, a commercial
suborbital or orbital launch. | Suborbital and Orbital Advancement and Regulatory Streamlining Act or SOARS Act - Amends commercial space launch licensing requirements. Revises the definition of "launch services" to include activities involved in the preparation of a launch vehicle (as under current law) or element thereof, including space flight participant training for a launch. Authorizes the Secretary of Transportation (DOT) to issue a single license or permit for flight of a launch or reentry vehicle, or element thereof, in support of a launch or reentry, even when the vehicle or element is not being launched or reentered. Requires the Secretary to ensure that all DOT regulations for a licensed or permitted launch or reentry are satisfied under a single license or permit. Authorizes the issuance of an experimental permit for a particular reusable suborbital rocket (as under current law) or rocket design after a license has been issued for the launch or reentry of a rocket of that design. Declares that any permits already issued shall remain valid for research and development (R&D) and other specified purposes. Directs the Secretary to establish, under the Office of Commercial Space Transportation of the Federal Aviation Administration (FAA), a demonstration project to evaluate the benefits of using experimental aircraft for both the direct and indirect support of commercial space launch and reentry activities. | {"src": "billsum_train", "title": "SOARS Act"} | 1,382 | 313 | 0.727288 | 2.157699 | 0.824099 | 5.141079 | 5.406639 | 0.883817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Entrepreneurship Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``reserve component'' means a reserve
component of the Armed Forces named in section 10101 of title
10, United States Code;
(3) the term ``small business concern'' has the meaning
given the term under section 3(a) of the Small Business Act (15
U.S.C. 632(a));
(4) the term ``veteran'' has the meaning given the term
under section 3(q)(4) of the Small Business Act (15 U.S.C.
632(q)(4));
(5) the term ``Veterans Business Outreach Center'' means a
veterans business outreach center described in section 32 of
the Small Business Act (15 U.S.C. 657b); and
(6) the term ``women's business center'' means a women's
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
SEC. 3. PERMANENT SBA EXPRESS LOAN GUARANTEE FEE WAIVER FOR VETERANS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) in paragraph (18)(A), by striking ``With respect'' and
inserting ``Except as provided in paragraph (31), with
respect''; and
(2) in paragraph (31), adding at the end the following:
``(G) Guarantee fee waiver for veterans.--
``(i) Definition.--In this subparagraph,
the term `veteran or spouse of a veteran'
means--
``(I) a veteran, as defined in
section 3(q)(4);
``(II) a member of the Armed Forces
serving on active duty who is eligible
to participate in the Transition
Assistance Program established under
section 1144 of title 10, United States
Code;
``(III) a member of a reserve
component of the Armed Forces named in
section 10101 of title 10, United
States Code;
``(IV) the spouse of an individual
described in subclause (I), (II), or
(III); or
``(V) the surviving spouse of an
individual described in subclause (I),
(II), or (III) who died while serving
on active duty or as a result of a
service-connected (as defined in
section 101 of title 38, United States
Code) disability.
``(ii) Guarantee fee waiver.--The
Administrator may not assess a guarantee fee
under paragraph (18) in connection with a loan
made under this paragraph to a veteran or
spouse of a veteran on or after October 1,
2014.''.
SEC. 4. REPORT ON FINANCIAL PLANNING AND COUNSELING FOR OWNERS OF SMALL
BUSINESS CONCERNS IN THE NATIONAL GUARD AND RESERVES.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to Congress a report assessing the
feasibility of providing financial planning and counseling to owners of
small business concerns who are members of a reserve component prior to
deployment.
SEC. 5. REPORT ON ACCESSIBILITY AND OUTREACH TO FEMALE VETERANS BY THE
SMALL BUSINESS ADMINISTRATION.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to Congress a report assessing the level
of outreach to and consultation with female veterans by women's
business centers and Veterans Business Outreach Centers.
SEC. 6. REPORT ON THE MILITARY RESERVISTS ECONOMIC INJURY DISASTER LOAN
PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to Congress a report on the Military
Reservists Economic Injury Disaster Loan Program (in this section
referred to as the ``program'') authorized under section 7(b)(3) of the
Small Business Act (15 U.S.C. 636(b)(3)), which shall include--
(1) a discussion of the outreach efforts of the Small
Business Administration to increase participation in the
program;
(2) the number of loans made under the program;
(3) an analysis of the effectiveness of the program; and
(4) recommendations for improving the program. | Veterans Entrepreneurship Act - Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or spouse of a veteran on or after October 1, 2014. Directs the Administrator to report to Congress on: (1) the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment; (2) the level of outreach to and consultation with female veterans by women's business centers and veterans business outreach centers; and (3) the Military Reservists Economic Injury Disaster Loan Program, which shall include a discussion of SBA outreach efforts to increase participation, the number of loans made, and an analysis of the effectiveness of, and recommendations for improving, the Program. | {"src": "billsum_train", "title": "Veterans Entrepreneurship Act"} | 1,019 | 174 | 0.582644 | 1.560602 | 0.699738 | 5.269939 | 5.404908 | 0.96319 |
SECTION 1. VOLUNTARY LIMITS ON CAMPAIGN ADVERTISING.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following:
``SEC. 324. VOLUNTARY ADVERTISING LIMITS AND BENEFITS FOR ELIGIBLE
CONGRESSIONAL CANDIDATES.
``(a) Definitions.--In this section--
``(1) Campaign advertising.--The term `campaign
advertising' means a disbursement for any communication through
any broadcasting station.
``(2) Eligible congressional candidate.--The term `eligible
congressional candidate' means a candidate for nomination to,
or election to, the Senate or the House of Representatives that
the Commission has certified under subsection (d) as an
eligible candidate for a primary or general election.
``(3) General election period.--The term `general election
period' means the time period beginning on the date that is 60
days before the date of the general election for the office to
which the candidate is seeking election and ending on the date
of the general election.
``(4) Primary election period.--The term `primary election
period' means the time period beginning on the date that is 30
days before the date of the primary election for the office to
which the candidate is seeking election and ending on the date
of the primary election.
``(b) Requirements.--
``(1) In general.--A candidate for election, or nomination
for election, to the Senate or House of Representatives is an
eligible candidate--
``(A) for purposes of a primary election, if the
Commission certifies that the candidate has met the
primary election filing requirement of paragraph (2);
and
``(B) for purposes of a general election, if the
Commission certifies that the candidate has met the
general election filing requirement of paragraph (3).
``(2) Primary election filing requirement.--
``(A) In general.--The requirement of this
paragraph is met if the candidate files with the
Commission a declaration that--
``(i) the candidate and the candidate's
authorized committees will not participate in
campaign advertising except during the primary
election period; and
``(ii) at least 1 other candidate has
qualified for the same primary election ballot
under the law of the candidate's State.
``(B) Deadline for filing primary election
declaration.--The declaration under subparagraph (A)
shall be filed not later than the date on which the
candidate files, with the appropriate State officer, as
a candidate for the primary election.
``(3) General election filing requirement.--
``(A) In general.--The requirement of this
paragraph is met if the candidate files with the
Commission a declaration that the candidate and the
candidate's authorized committees will not participate
in campaign advertising except during the general
election period.
``(B) Deadline for filing general election
declaration.--The declaration under subparagraph (A)
shall be filed not later than 7 days after the earlier
of--
``(i) the date on which the candidate
qualifies for the general election ballot under
State law; or
``(ii) if under State law, a primary or
runoff election to qualify for the general
election ballot occurs after September 1, the
date on which the candidate wins the primary or
runoff election.
``(c) Benefits for Eligible Congressional Candidates.--
``(1) In general.--If an eligible congressional candidate
has an opponent who has qualified for the ballot, the candidate
shall be entitled to the broadcast media rates provided under
section 315(b)(2) of the Communications Act of 1934.
``(2) Use of benefit.--An eligible congressional candidate
that uses the broadcast media rates under paragraph (1) for
broadcast time shall use the time for a communication that is
not less than 60 seconds in length.
``(d) Certification.--
``(1) In general.--The Commission shall determine whether a
candidate has met the requirements of this section and, based
on the determination, issue a certification stating whether the
candidate is an eligible candidate for the applicable election
entitled to receive benefits under this section.
``(2) Certification.--
``(A) Primary election.--Not later than 7 business
days after a candidate files a declaration under
subsection (b)(2), the Commission shall determine
whether the candidate meets the eligibility
requirements of such subsection and, if so, certify
that the candidate is an eligible candidate for the
primary election entitled to receive benefits under this section.
``(B) General election.--Not later than 7 business
days after a candidate files a declaration under
subsection (b)(3), the Commission shall determine
whether the candidate meets the eligibility requirement
of such subsection and, if so, certify that the
candidate is an eligible candidate for the general
election entitled to receive benefits under this title.
``(e) Revocation of Certification.--
``(1) In general.--The Commission shall revoke a
certification under subsection (d), based on information
submitted in such form and manner as the Commission may require
or on information that comes to the Commission by other means,
if the Commission determines that a candidate--
``(A) violates any requirement of this section; or
``(B) fails to continue to meet the requirements of
this section.
``(2) No further benefits.--A candidate whose certification
has been revoked shall be ineligible for any further benefits
made available under this section for the duration of the
election cycle.
``(f) Determinations by Commission.--A determination (including a
certification under subsection (d)) made by the Commission under this
title shall be final, except to the extent that the determination is
subject to judicial review.
``(g) Penalty for Misuse of Benefits.--If the Commission revokes
the certification of an eligible congressional candidate, the
Commission shall so notify the candidate, and the candidate shall pay
to the provider of any benefit received by the candidate under this
section an amount equal to the difference between the amount the
candidate paid for such benefit and the amount the candidate would have
paid for the benefit if the candidate were not an eligible
congressional candidate.''.
SEC. 2. BROADCAST RATES AND PREEMPTION.
(a) Broadcast Rates.--Section 315(b) of the Communications Act of
1934 (47 U.S.C. 315(b)) is amended--
(1) by striking ``(b) The charges'' and inserting the
following:
``(b) Broadcast Media Rates.--
``(1) In general.--The charges'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(3) in paragraph (1)(A) (as redesignated by paragraph
(2))--
(A) by striking ``forty-five'' and inserting
``30''; and
(B) by striking ``lowest unit charge of the station
for the same class and amount of time for the same
period'' and inserting ``lowest charge of the station
for the same amount of time for the same period on the
same date''; and
(4) by adding at the end the following:
``(2) Eligible congressional candidates.--
``(A) Eligible congressional candidates.--In the
case of an eligible congressional candidate (as defined
in section 324 of the Federal Election Campaign Act of
1971) the charges for the use of a television
broadcasting station during the 30-day period and 60-
day period referred to in paragraph (1)(A) shall not
exceed 50 percent of the lowest charge described in
paragraph (1)(A).
``(B) Noneligible congressional candidates.--In the
case of a candidate for Federal office who is not an
eligible congressional candidate (as so defined),
paragraph (1)(A) shall not apply.''.
(b) Preemption; Access.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsections (c) and (d), as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Preemption.--
``(1) In general.--Except as provided in paragraph (2), a
licensee shall not preempt the use, during any period specified
in subsection (b)(1)(A), of a broadcasting station by an
eligible congressional candidate (as defined in section 324 of
the Federal Election Campaign Act of 1971) that has purchased
and paid for such use pursuant to subsection (b)(2).
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is preempted
because of circumstances beyond the control of the broadcasting
station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''.
(c) Revocation of License for Failure To Permit Access.--Section
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is
amended--
(1) by striking ``or repeated'';
(2) by inserting ``or cable system'' after ``broadcasting
station''; and
(3) by striking ``his candidacy'' and inserting ``the
candidacy of the candidate, under the same terms, conditions,
and business practices as apply to the most favored advertiser
of the licensee''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act. | Amends the Federal Election Campaign Act of 1971 to define an "eligible congressional candidate" as a candidate to the Senate or the House of Representatives who makes specified declarations to the Federal Election Commission (FEC) that: (1) such candidate and the candidate's authorized committees will not participate in campaign advertising except during the primary or general election period (30 and 60 days before each such election, respectively); and (2) at least one other candidate has qualified for the same primary election ballot under the law of the candidate's State.
Entitles eligible congressional candidates with opponents who have qualified for the ballot to reduced broadcast media rates. Requires candidates so entitled to use the time for communications at least 60 seconds in length.
Sets forth FEC certification requirements with respect to declarations. Makes candidates whose certifications have been revoked ineligible for further benefits for the duration of the election cycle. Requires candidates with revoked certifications to reimburse benefit providers for any difference in rates.
Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently, 45) days before a primary at the lowest charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Limits charges for broadcast time during such period (and the 60-day period preceding a general or special election) for eligible congressional candidates to 50 percent of the lowest charge.
Prohibits broadcasters from preempting advertisements by eligible congressional candidates during such periods, unless the preemption is beyond the broadcaster's control.
Authorizes the Federal Communications Commission to revoke a station license or construction permit for willful (currently, willful or repeated) failure to allow reasonable access to, or permit purchase of time for, the use of a broadcasting station or cable system by a legally qualified candidate under the same terms as apply to the most favored advertiser of the licensee. | {"src": "billsum_train", "title": "A bill to shorten the campaign period for congressional elections."} | 2,165 | 437 | 0.603222 | 1.853702 | 0.790694 | 2.619792 | 5.119792 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American $1 Coin Act''.
SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM.
Section 5112 of title 31, United States Code, is amended by adding
at the end the following:
``(r) Redesign and Issuance of Circulating $1 Coins Honoring Native
Americans and the Important Contributions Made by Indian Tribes and
Individual Native Americans in United States History.--
``(1) Redesign beginning in 2008.--
``(A) In general.--Effective beginning January 1, 2008,
notwithstanding subsection (d), in addition to the coins to be
issued pursuant to subsection (n), and in accordance with this
subsection, the Secretary shall mint and issue $1 coins that--
``(i) have as the designs on the obverse the so-called
`Sacagawea design'; and
``(ii) have a design on the reverse selected in
accordance with paragraph (2)(A), subject to paragraph
(3)(A).
``(B) Delayed date.--If the date of the enactment of the
Native American $1 Coin Act is after August 25, 2007,
subparagraph (A) shall be applied by substituting `2009' for
`2008'.
``(2) Design requirements.--The $1 coins issued in accordance
with paragraph (1) shall meet the following design requirements:
``(A) Coin reverse.--The design on the reverse shall bear--
``(i) images celebrating the important contributions
made by Indian tribes and individual Native Americans to
the development of the United States and the history of the
United States;
``(ii) the inscription `$1'; and
``(iii) the inscription `United States of America'.
``(B) Coin obverse.--The design on the obverse shall--
``(i) be chosen by the Secretary, after consultation
with the Commission of Fine Arts and review by the Citizens
Coinage Advisory Committee; and
``(ii) contain the so-called `Sacagawea design' and the
inscription `Liberty'.
``(C) Edge-incused inscriptions.--
``(i) In general.--The inscription of the year of
minting and issuance of the coin and the inscriptions `E
Pluribus Unum' and `In God We Trust' shall be edge-incused
into the coin.
``(ii) Preservation of distinctive edge.--The edge-
incusing of the inscriptions under clause (i) on coins
issued under this subsection shall be done in a manner that
preserves the distinctive edge of the coin so that the
denomination of the coin is readily discernible, including
by individuals who are blind or visually impaired.
``(D) Reverse design selection.--The designs selected for
the reverse of the coins described under this subsection--
``(i) shall be chosen by the Secretary after
consultation with the Committee on Indian Affairs of the
Senate, the Congressional Native American Caucus of the
House of Representatives, the Commission of Fine Arts, and
the National Congress of American Indians;
``(ii) shall be reviewed by the Citizens Coinage
Advisory Committee;
``(iii) may depict individuals and events such as--
``(I) the creation of Cherokee written language;
``(II) the Iroquois Confederacy;
``(III) Wampanoag Chief Massasoit;
``(IV) the `Pueblo Revolt';
``(V) Olympian Jim Thorpe;
``(VI) Ely S. Parker, a general on the staff of
General Ulysses S. Grant and later head of the Bureau
of Indian Affairs; and
``(VII) code talkers who served the United States
Armed Forces during World War I and World War II; and
``(iv) in the case of a design depicting the
contribution of an individual Native American to the
development of the United States and the history of the
United States, shall not depict the individual in a size
such that the coin could be considered to be a `2-headed'
coin.
``(3) Issuance of coins commemorating 1 native american event
during each year.--
``(A) In general.--Each design for the reverse of the $1
coins issued during each year shall be emblematic of 1
important Native American or Native American contribution each
year.
``(B) Issuance period.--Each $1 coin minted with a design
on the reverse in accordance with this subsection for any year
shall be issued during the 1-year period beginning on January 1
of that year and shall be available throughout the entire 1-
year period.
``(C) Order of issuance of designs.--Each coin issued under
this subsection commemorating Native Americans and their
contributions--
``(i) shall be issued, to the maximum extent
practicable, in the chronological order in which the Native
Americans lived or the events occurred, until the
termination of the coin program described in subsection
(n); and
``(ii) thereafter shall be issued in any order
determined to be appropriate by the Secretary, after
consultation with the Committee on Indian Affairs of the
Senate, the Congressional Native American Caucus of the
House of Representatives, and the National Congress of
American Indians.
``(4) Issuance of numismatic coins.--The Secretary may mint and
issue such number of $1 coins of each design selected under this
subsection in uncirculated and proof qualities as the Secretary
determines to be appropriate.
``(5) Quantity.--The number of $1 coins minted and issued in a
year with the Sacagawea-design on the obverse shall be not less
than 20 percent of the total number of $1 coins minted and issued
in such year.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
Section 5112(n)(1) of title 31, United States Code, is amended--
(1) by striking the paragraph designation and heading and all
that follows through ``Notwithstanding subsection (d)'' and
inserting the following:
``(1) Redesign beginning in 2007.--Notwithstanding subsection
(d)'';
(2) by striking subparagraph (B); and
(3) by redesignating clauses (i) and (ii) as subparagraphs (A)
and (B), respectively, and indenting the subparagraphs
appropriately.
SEC. 4. REMOVAL OF BARRIERS TO CIRCULATION OF $1 COIN.
(a) In General.--In order to remove barriers to circulation, the
Secretary of the Treasury shall carry out an aggressive, cost-
effective, continuing campaign to encourage commercial enterprises to
accept and dispense $1 coins that have as designs on the obverse the
so-called ``Sacagawea design''.
(b) Report.--The Secretary of the Treasury shall submit to Congress
an annual report on the success of the efforts described in subsection
(a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Native American $1 Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins in commemoration of Native Americans and important contributions made by Indian tribes and individual Native Americans to the development and history of the United States.
Requires, effective beginning January 1, 2008, that such coins have designs: (1) on the obverse bearing the " Sacagawea design;" and (2) on the reverse bearing images celebrating important contributions made by Indian tribes and individual Native Americans to the history and development of the United States.
States that, if the date of the enactment of this Act is after August 25, 2007, such design shall be implemented beginning January 1, 2009.
Requires edge-incusing of the inscriptions "E Pluribus Unum" and "In God We Trust" in a manner that preserves the distinctive coin edge so that its denomination is readily discernible, including by individuals who are blind or visually impaired.
Requires the number of $1 coins minted and issued in a year with the Sacagawea-design on the obverse to be not less than 20% of the total number of $1 coins minted and issued in such year.
Instructs the Secretary of the Treasury to carry out an aggressive, cost-effective, continuing campaign to encourage commercial enterprises to accept and dispense $1 coins that have the so-called "Sacagawea design." | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint and issue coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States, and for other purposes."} | 1,613 | 303 | 0.708901 | 2.067773 | 0.826594 | 4.514925 | 5.335821 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saudi Arabia Accountability Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United Nations Security Council Resolution 1373 (2001)
mandates that all states ``refrain from providing any form of
support, active or passive, to entities or persons involved in
terrorist acts'', take ``the necessary steps to prevent the
commission of terrorist acts'', and ``deny safe haven to those
who finance, plan, support, or commit terrorist acts''.
(2) In 2004, the Council on Foreign Relations reported that
it knew of ``not a single Saudi donor of funds to terrorist
groups who has been publicly punished''.
(3) In his July 2005 testimony to the Committee on Banking,
Housing, and Urban Affairs of the Senate, Stewart Levey, the
Undersecretary for the Office of Terrorism and Financing
Intelligence of the Department of the Treasury, reported that
``even today, we believe that Saudi donors may still be a
significant source of terrorist financing, including for the
insurgency in Iraq''. He added that Saudi financiers and
charities ``remain a key source for the promotion of ideologies
used by terrorists and violent extremists''.
(4) According to a July 27, 2007 New York Times article,
``Of an estimated 60 to 80 foreign fighters who enter Iraq each
month, American military and intelligence officials say that
nearly half are coming from Saudi Arabia and that the Saudis
have not done enough to stem the flow.''.
(5) According to a July 15, 2007 Los Angeles Times article,
``About 45% of all foreign militants targeting U.S. troops and
Iraqi civilians and security forces are from Saudi Arabia ...
according to official U.S. military figures made available to
The Times by the senior officer. Nearly half of the 135
foreigners in U.S. detention facilities in Iraq are Saudis, he
said. Fighters from Saudi Arabia are thought to have carried
out more suicide bombings than those of any other nationality,
said the senior U.S. officer, who spoke on condition of
anonymity because of the subject's sensitivity.''.
(6) The Center for Religious Freedom, formerly affiliated
with Freedom House, in a 2006 report entitled ``Saudi Arabia's
Curriculum of Intolerance'', stated that despite 2005
statements by the Saudi Foreign Minister that their educational
curricula have been reformed, this is ``simply not the case''.
Contrarily, religious textbooks continue to advocate the
destruction of any non-Wahhabi Muslim. Saudi Arabia has
established Wahhabism, an extreme form of Islam, as the
official state doctrine, and about 5,000,000 children are
instructed each year in Islamic studies using Saudi Ministry of
Education textbooks.
(7) A Fall 2007 United States Commission on International
Religious Freedom report stated ``Due to insufficient
information provided by the Saudi government, the Commission
could not verify that a formal mechanism exists within the
Saudi government to review thoroughly and revise educational
texts and other materials sent outside of Saudi Arabia. It
appears that the Saudi government has made little or no
progress on efforts to halt the exportation of extremist
ideology outside the Kingdom.''.
(8) A September 2005 Government Accountability Office
report stated that ``Saudi Arabia's multibillion-dollar
petroleum industry, although largely owned by the government,
has fostered the creation of large private fortunes, enabling
many wealthy Saudis to sponsor charities and educational
foundations whose operations extend to many countries. United
States Government and other expert reports have linked some
Saudi donations to the global propagation of religious
intolerance, hatred of Western values, and support of terrorist
activities''.
(9) A June 2004 press release on the website of the Saudi
embassy, www.saudiembassy.net, discussed the creation of the
Saudi National Commission for Relief and Charity Work Abroad, a
nongovernmental body designed to ``take over all aspects of
private overseas aid operations and assume responsibility for
the distribution of private charitable donations from Saudi
Arabia'' in order to ``guard against money laundering and the
financing of terrorism''. As of late 2007, this Commission had
not been created.
(10) In a February 2006 open Senate Select Committee on
Intelligence hearing on the ``World Wide Threat'', former
Director of National Intelligence and current Deputy Secretary
of State John Negroponte, stated that ``there are private Saudi
citizens who still engage in these kinds of donations [in which
money is transferred back door to terrorists]''.
(11) A March 2005 report by the Congressional Research
Service stated that at least 5 persons listed as beneficiaries
of the Saudi Committee for the Support of the Al Quds Intifada
were suspected suicide bombers.
(12) During November 8, 2005 testimony on Saudi Arabia
before the Subcommittee on Terrorism, Technology, and Homeland
Security of the Committee on the Judiciary of the Senate, Steve
Emerson, terrorism expert and Executive Director of the
Investigative Project on Terrorism, stated that despite
repeated declarations by Saudi officials that there has been
substantial reform in education, progress against terrorism,
and movement toward transparency, a review of other Saudi
announcements shows that they have either specifically failed
to follow through or cannot be proven to have followed through
on their pledges. He also noted that the Saudi government
established the Saudi Committee for the Support of the Al Quds
Intifada, which was proven to provide aid to Palestinian
terrorist groups. During an Israeli raid on a Hamas
institution, they discovered a spreadsheet from the
aforementioned committee giving a detailed account about how
they received $545,000 from the committee to allocate to 102
families of so-called martyrs. The spreadsheet included the
names of 8 suicide bombers.
(13) A January 2007 Congressional Research Service Report
on Saudi Arabia's terrorist-financing activities indicated that
although the records portion of the Committee for the Support
of the Al Quds Intifada was deactivated in March 2005, of the
1,300 listed beneficiaries, over 60 matched or closely
resembled the names of known Palestinian militants who carried
out attacks against Israel between October 2000 and March 2002.
(14) The final report of the Presidentially-appointed Iraq
Study Group stated that ``funding for the Sunni insurgency in
Iraq comes from private donors in Saudi Arabia and other Gulf
states''.
(15) A January 2005 report by the Center for Religious
Freedom found that Saudi Arabia was creating and distributing,
through its embassy in Washington, D.C., material promoting
hatred, intolerance, and violence at mosques and Islamic
centers in the United States.
(16) On December 14, 2005, R. James Woolsey, former
Director of Central Intelligence wrote, ``Over the long run,
this movement [Wahhabism] is in many ways the most dangerous of
the ideological enemies we face.'' Mr. Woolsey also explained
that ``al Qaeda and the Wahhabis share essentially the same
underlying totalitarian theocratic ideology. It is this common
Salafist ideology that the Wahhabis have been spreading widely
-- financed by $3-4 billion/year from the Saudi government and
wealthy individuals in the Middle East over the last quarter
century -- to the madrassas of Pakistan, the textbooks of
Turkish children in Germany, and the mosques of Europe and the
U.S.''.
(17) According to a May 2006 report by the Center for
Religious Freedom, official Saudi religious textbooks continue
to teach hatred of those who do not follow Wahhabi Muslim
doctrine and encourage jihad against such ``infidels'' and
``the Saudi public school religious curriculum continues to
propagate an ideology of hate toward the unbeliever ... [A]
text instructs students that it is a religious obligation to do
`battle' against infidels in order to spread the faith''.
(18) In May 2006, the Congressional Research Service
reported that ``Saudi Arabia has discussed increasing boycott
efforts against Israel, despite their WTO [World Trade
Organization] obligations''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is imperative that the Government of Saudi Arabia
immediately and unconditionally--
(A) permanently close all charities, schools, or
other organizations or institutions in the Kingdom of
Saudi Arabia that fund, train, incite, encourage, or in
any other way aid and abet terrorism anywhere in the
world (referred to in this Act as ``Saudi-based terror
organizations''), including by means of providing
support for the families of individuals who have
committed acts of terrorism;
(B) end funding or other support by the Government
of Saudi Arabia for charities, schools, and any other
organizations or institutions outside the Kingdom of
Saudi Arabia that train, incite, encourage, or in any
other way aid and abet terrorism anywhere in the world
(referred to in this Act as ``offshore terror
organizations''), including by means of providing
support for the families of individuals who have
committed acts of terrorism;
(C) block all funding from private Saudi citizens
and entities to any Saudi-based terror organization or
offshore terrorism organization; and
(D) provide complete, unrestricted, and
unobstructed cooperation to the United States,
including the unsolicited sharing of relevant
intelligence in a consistent and timely fashion, in the
investigation of groups and individuals that are
suspected of financing, supporting, plotting, or
committing an act of terror against United States
citizens anywhere in the world, including within the
Kingdom of Saudi Arabia; and
(2) the President, in determining whether to make the
certification described in section 4, should judge whether the
Government of Saudi Arabia has continued and sufficiently
expanded its efforts to combat terrorism since the May 12, 2003
bombing in Riyadh.
SEC. 4. PRESIDENTIAL CERTIFICATION.
The President shall certify to the appropriate congressional
committees when the President determines that the Government of Saudi
Arabia--
(1) is fully cooperating with the United States in
investigating and preventing terrorist attacks;
(2) has permanently closed all Saudi-based Wahhabbist
organizations that fund Islamic extremism, internally and
abroad;
(3) has exercised maximum efforts to block all funding from
private Saudi citizens, corporations, and entities, to foreign
Islamic extremist and terrorist movements; and
(4) has stopped financing and disseminating materials, and
other forms of support, that encourage the spread of radical
Wahhabi ideology.
SEC. 5. STATUS REPORT.
(a) Requirement for Report.--Not later than 6 months after the date
of the enactment of this Act, and every 12 months thereafter until the
President makes the certification described in section 4, the Secretary
of State shall submit a report to the appropriate congressional
committees that describes the progress made by the Government of Saudi
Arabia toward meeting the conditions described in paragraphs (1)
through (4) of section 4.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form and may include a classified annex.
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives. | Saudi Arabia Accountability Act of 2007 - Expresses the sense of Congress that the government of Saudi Arabia must: (1) close permanently all organizations in Saudi Arabia that fund, train, encourage, or aid terrorism anywhere in the world; (2) end funding for terror organizations outside Saudi Arabia; (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations; and (4) cooperate fully with the United States in investigating terror groups and individuals.
Directs the President to certify to the appropriate congressional committees when the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based Wahhabbist organizations that fund Islamic extremism; (3) has exercised maximum efforts to block all funding from private Saudi citizens, corporations, and entities to foreign Islamic extremist and terrorist movements; and (4) has stopped financing and disseminating materials and other forms of support that encourage the spread of radical Wahhabi ideology.
Directs the President to report annually to the committees until such certification is made. | {"src": "billsum_train", "title": "A bill to strongly encourage the Government of Saudi Arabia to end its support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, to secure full Saudi cooperation in the investigation of terrorist incidents, to denounce Saudi sponsorship of extremist Wahhabi ideology, and for other purposes."} | 2,496 | 226 | 0.518927 | 1.55177 | 0.827708 | 5.074766 | 10.794393 | 0.971963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Veterans'
Health Initiative Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PURPOSES.
The purposes of this Act are to advance Department of Energy
expertise in artificial intelligence and high performance computing in
order to improve health outcomes for veteran populations by--
(1) supporting basic research through the application of
artificial intelligence, high performance computing, modeling
and simulation, machine learning, and large scale data
analytics to identify and solve outcome-defined challenges in
the health sciences;
(2) maximizing the impact of the Department of Veterans
Affairs' health and genomics data housed at the National
Laboratories, as well as data from other sources, on science,
innovation, and health care outcomes through the use and
advancement of artificial intelligence and high-performance
computing capabilities of the Department of Energy;
(3) promoting collaborative research through the
establishment of partnerships to improve data sharing between
Federal agencies, National Laboratories, institutions of higher
education, and nonprofit institutions;
(4) establishing multiple scientific computing user
facilities to house and provision available data to foster
transformational outcomes; and
(5) driving the development of technology to improve
artificial intelligence, high performance computing, and
networking relevant to mission applications of the Department
of Energy, including modeling, simulation, machine learning,
and advanced data analytics.
SEC. 4. DEPARTMENT OF ENERGY VETERANS HEALTH RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall establish and carry out a
research program in artificial intelligence and high performance
computing, focused on the development of tools to solve big data
challenges associated with veteran's healthcare, and to support the
efforts of the Department of Veterans Affairs to identify potential
health risks and challenges utilizing data on long term healthcare,
health risks, and genomic data collected from veteran populations. The
Secretary shall carry out this program through a competitive, merit-
reviewed process, and consider applications from National Laboratories,
institutions of higher education, multi-institutional collaborations,
and other appropriate entities.
(b) Program Components.--In carrying out the program established
under subsection (a), the Secretary may--
(1) conduct basic research in modeling and simulation,
machine learning, large scale data analytics, and predictive
analysis in order to develop novel or optimized algorithms for
prediction of disease treatment and recovery;
(2) develop methods to accommodate large data sets with
variable quality and scale, and to provide insight and models
for complex systems;
(3) develop new approaches and maximize the use of
algorithms developed through artificial intelligence, machine
learning, data analytics, natural language processing, modeling
and simulation, and develop new algorithms suitable for high
performance computing systems and large biomedical data sets;
(4) advance existing and construct new data enclaves
capable of securely storing data sets provided by the
Department of Veterans Affairs, Department of Defense, and
other sources; and
(5) promote collaboration and data sharing between National
Laboratories, research entities, and user facilities of the
Department by providing the necessary access and secure data
transfer capabilities.
(c) Coordination.--In carrying out the program required under
subsection (a), the Secretary is authorized to--
(1) enter into memoranda of understanding in order to carry
out reimbursable agreements with the Department of Veterans
Affairs and other entities in order to maximize the
effectiveness of Department of Energy research and development
to improve veterans' healthcare;
(2) consult with the Department of Veterans Affairs and
other Federal agencies as appropriate; and
(3) ensure that data storage meets all privacy and security
requirements established by the Department of Veterans Affairs,
and that access to data is provided in accordance with relevant
Department of Veterans Affairs data access policies, including
informed consent.
(d) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on Veterans' Affairs
of the House of Representatives, and the Committee on Energy and
Natural Resources and the Committee on Veterans' Affairs of the Senate,
a report detailing the effectiveness of--
(1) the interagency coordination between each Federal
agency involved in the research program carried out under this
section;
(2) collaborative research achievements of the program; and
(3) potential opportunities to expand the technical
capabilities of the Department.
(e) Funding.--The Secretary of Veterans Affairs shall devote
$27,000,000 to carry out the activities authorized under this section
during fiscal years 2019 through 2023, subject to the availability of
appropriations, to come from amounts made available for medical and
prosthetic research. This section shall be carried out using funds
otherwise appropriated by law after the date of enactment of this Act.
SEC. 5. ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, AND COMPUTATIONAL
RESEARCH PILOT PROGRAM.
(a) In General.--The Secretary shall carry out a pilot program to
develop tools for big data analytics by utilizing data sets generated
by Federal agencies, institutions of higher education, nonprofit
research organizations, and industry in order to advance artificial
intelligence technologies to solve complex, big data challenges. The
Secretary shall carry out this program through a competitive, merit-
reviewed process, and consider applications from National Laboratories,
institutions of higher education, multi-institutional collaborations,
and other appropriate entities.
(b) Program Components.--In carrying out the pilot program
established under subsection (a), the Secretary may--
(1) establish a cross-cutting research initiative to
prevent duplication and coordinate research efforts in
artificial intelligence and data analytics across the
Department;
(2) conduct basic research in modeling and simulation,
artificial intelligence, machine learning, large scale data
analytics, natural language processing, and predictive analysis
in order to develop novel or optimized predictive algorithms
suitable for high performance computing systems and large
biomedical data sets;
(3) develop multivariate optimization models to accommodate
large data sets with variable quality and scale in order to
visualize complex systems;
(4) establish multiple scientific computing user facilities
to serve as data enclaves capable of securely storing data sets
created by Federal agencies, institutions of higher education,
nonprofit organizations, or industry at National Laboratories;
and
(5) promote collaboration and data sharing between National
Laboratories, research entities, and user facilities of the
Department by providing the necessary access and secure data
transfer capabilities.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
evaluating the effectiveness of the pilot program under subsection (a),
including basic research discoveries achieved in the course of the
program and potential opportunities to expand the technical
capabilities of the Department through the development of artificial
intelligence and data analytics technologies.
(d) Funding.--For purposes of carrying out this section, the
Secretary of Energy shall devote $52,000,000 to carry out this section,
which shall include $26,000,000 for each fiscal years 2019 and 2020,
subject to the availability of appropriations. This section shall be
carried out using funds otherwise appropriated by law after the date of
enactment of this Act.
SEC. 6. SPENDING LIMITATION.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise available for
such purpose.
Passed the House of Representatives September 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Department of Energy Veterans' Health Initiative Act (Sec. 4) This bill directs the Department of Energy (DOE) to establish a research program in artificial intelligence and high-performance computing that is focused on the development of tools to: (1) solve big data challenges associated with veterans' health care, and (2) support the Department of Veterans Affairs in identifying potential health risks and challenges. (Sec. 5) DOE shall carry out a pilot program to develop tools for big data analytics in order to advance artificial intelligence technologies to solve complex big data challenges. | {"src": "billsum_train", "title": "Department of Energy Veterans\u2019 Health Initiative Act"} | 1,677 | 117 | 0.682167 | 1.865167 | 0.662195 | 3.785714 | 14.705357 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Buy American Enhancement Act of
2011''.
SEC. 2. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT.
(a) Substantially All Defined.--Section 8301 of title 41, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Substantially all.--Articles, materials, or supplies
shall be treated as made substantially all from articles,
materials, or supplies mined, produced, or manufactured in the
United States if the cost of the domestic components of such
articles, materials, or supplies exceeds 75 percent of the
total cost of all components of such articles, materials, or
supplies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect not later than 180 days after the date of the enactment of
this Act.
SEC. 3. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY
AMERICAN ACT.
(a) Contract Requirement.--The head of each Federal agency shall
ensure that each contract described in subsection (b) awarded by such
Federal agency includes a provision requiring any articles, materials,
and supplies provided under the contract to comply with chapter 83 of
title 41, United States Code (popularly referred to as the ``Buy
American Act''), subject to the exceptions to that chapter provided in
the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise
provided by law.
(b) Contracts Described.--The contracts described in this
subsection include each of the following:
(1) Housing leases, including military housing provided by
a private entity.
(2) Power purchase agreements.
(3) Enhanced-use leases.
(4) Energy savings performance contracts.
(5) Utility energy service contracts.
SEC. 4. BUY AMERICAN WAIVER REPORTING REQUIREMENT.
(a) Waiver Defined.--Section 8301 of title 41, United States Code,
as amended by section 2, is further amended by adding at the end the
following new paragraph:
``(4) Waiver.--The term `waiver' means, with respect to the
acquisition of an article, material, or supply for public use,
the inapplicability of this chapter to the acquisition by
reason of any of the following:
``(A) A determination by the head of the Federal
agency concerned that the acquisition is inconsistent
with the public interest.
``(B) A determination by the head of the Federal
agency concerned that the cost of the acquisition is
unreasonable.
``(C) Use outside of the United States.
``(D) A determination by the head of the Federal
agency concerned that the article, material, or supply
is not mined, produced, or manufactured in the United
States in sufficient and reasonably available
commercial quantities of a satisfactory quality.
``(E) Procured under a contract with an award value
that is not more than the micro-purchase threshold
under section 1902 of this title.
``(F) An exception under the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.).
``(G) Any other exception otherwise provided by
law.''.
(b) Waiver Reporting Requirement.--Section 8302 of title 41, United
States Code, is amended by adding at the end the following new section:
``(c) Waiver Reporting Requirement.--The head of each Federal
agency shall establish a location on the website of such agency for the
publication of waivers accessible by the public and shall publish a
list at such location of each waiver granted under this chapter not
later than 30 days after such waiver is granted.''.
(c) Effective Date.--The amendments made by this section shall take
effect not later than 180 days after the date of the enactment of this
Act.
SEC. 5. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised as necessary
to implement the provisions of this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Energy savings performance contract.--The term ``energy
savings performance contract'' has the meaning given that term
under section 436.31 of title 10, Code of Federal Regulations.
(2) Federal agency.--The term ``Federal agency'' means any
executive agency (as defined in section 133 of title 41, United
States Code) or any establishment in the legislative or
judicial branch of the Federal Government. | Buy American Enhancement Act of 2011 - Defines "substantially all" for purposes of Buy American requirements to mean that articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such items exceeds 75% of the total cost of all such items.
Requires the head of each federal agency to ensure that certain contracts awarded by such agency include a provision requiring compliance with Buy American requirements.
Defines "waiver" for purposes of Buy American requirements. Requires the head of each federal agency to publish on the agency website a list of each waiver of such requirements within 30 days after it is granted. | {"src": "billsum_train", "title": "To amend title 41, United States Code, to increase the American-made content requirement for the Buy American Act, and for other purposes."} | 1,078 | 163 | 0.600735 | 1.741631 | 0.700229 | 4.090278 | 6.631944 | 0.826389 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Jobs in Your State Act of
2010''.
SEC. 2. PROHIBITION ON USE OF CERTAIN STIMULUS AND DISASTER RELIEF
FUNDS FOR BUSINESS RELOCATION INCENTIVES.
(a) In General.--A State or a political subdivision of a State may
not use any funds described in subsection (b) as an incentive for a
business--
(1) to relocate a plant, facility, or other operation, in
whole or in part, from one State to another; or
(2) to expand such an operation in a State in a manner that
will result in a reduction in such an operation in another
State.
(b) Funds Described.--The funds described in this subsection are
the following:
(1) Funds made available under any of the following:
(A) The American Recovery and Reinvestment Act of
2009 (Public Law 111-5) or any amendment made by such
Act.
(B) The Hiring Incentives to Restore Employment Act
(Public Law 111-147) or any amendment made by such Act.
(C) Public Law 111-226 (relating to education jobs
and Medicaid payments to States) or any amendment made
by such Public Law.
(D) The Small Business Jobs Act of 2010 (H.R. 5297,
as enacted into law) or any amendment made by such Act.
(E) The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5211 et seq.).
(2) Funds for disaster relief administered by the Secretary
of Homeland Security.
(c) Enforcement.--
(1) Petition.--
(A) By political subdivision of state to
governor.--A political subdivision of a State may
submit to the Governor of such State a petition stating
that the political subdivision has been adversely
affected by a violation of subsection (a) and
requesting that the Governor submit to the Secretary of
Commerce a petition for an investigation of whether a
violation has occurred.
(B) By governor to secretary of commerce.--A
Governor who receives a petition under subparagraph (A)
may submit to the Secretary of Commerce a petition for
an investigation of whether a violation of subsection
(a) has occurred.
(2) Investigation by secretary of commerce.--Upon receiving
a petition from a Governor under paragraph (1)(B), the
Secretary of Commerce shall conduct an investigation to
determine whether a violation of subsection (a) has occurred.
(3) Results of investigation; referral to secretary of the
treasury.--If the Secretary of Commerce determines under
paragraph (2) that a violation of subsection (a) has occurred,
the State that committed the violation (or in the case of a
violation by a political subdivision of a State, the State of
which such political subdivision is a part) shall be liable to
the United States for the amount of funds used in violation of
such subsection. The Secretary of Commerce shall inform the
Secretary of the Treasury that the United States has a claim
against such State.
(4) Collection by secretary of the treasury.--If the
Secretary of the Treasury is informed under paragraph (3) that
the United States has a claim against a State, the Secretary
shall take such action as is necessary to collect on such
claim.
(5) Prohibition on receipt of certain funds until repayment
made.--A State that is determined to be liable to the United
States under paragraph (3) shall not receive any funds
described in subsection (b) during the period beginning on the
date of the determination of liability and ending on the date
on which the State fully repays to the United States the amount
of funds used in violation of subsection (a).
(6) Rule of construction.--Nothing in this subsection shall
be construed to limit the authority or responsibility of any
other Federal official to enforce subsection (a) under other
Federal law.
(d) GAO Report.--Biannually during the 5-year period that ends on
the date that is 5 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the impact of the preceding provisions of this section. Such
a report shall include, for the period covered by the report--
(1) a statement of the number of petitions received by the
Secretary of Commerce under subsection (c)(1)(B) and a summary
of the disposition of such petitions, including a list of the
instances in which the Secretary found violations of subsection
(a);
(2) a list of any claims of the United States described in
subsection (c)(3) that arose, were outstanding, or were
collected in whole or in part; and
(3) a list of any funds that were withheld under subsection
(c)(5).
(e) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the
United States Virgin Islands, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(f) Effective Date.--This section shall apply with respect to funds
obligated by a State or a political subdivision of a State after the
date of the enactment of this Act. | Protecting Jobs in Your State Act of 2010 - Prohibits a state or a political subdivision from using funds made available under the American Recovery and Reinvestment Act of 2009 (ARRA), the Hiring Incentives to Restore Employment Act, Public Law 111-226 (relating to education jobs and Medicaid payments to states), the Small Business Jobs Act of 2010, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or funds for disaster relief administered by the Secretary of Homeland Security (DHS), as an incentive for a business to: (1) relocate a plant, facility, or other operation from one state to another; or (2) expand an operation in a state in a manner that will result in a reduction in such an operation in another state.
Authorizes a political subdivision to submit to the state governor a petition stating that it has been adversely affected by a violation of such prohibition and requesting that the governor submit to the Secretary of Commerce a petition for an investigation. Provides that if the Secretary determines that a violation has occurred, the state in which such a violation was committed shall be liable to the United States for the amount of funds involved. Prohibits such a state from receiving any other funds under such Acts until it fully repays such amount to the United States.
Directs the Comptroller General, biannually during the period that ends five years after this Act's enactment, to submit to specified committees a report on the impact of such provisions, including: (1) a statement of the number of petitions received by the Secretary of Commerce and a summary of the disposition of such petitions; (2) a list of U.S. claims that arose, were outstanding, or were collected; and (3) a list of any funds withheld. | {"src": "billsum_train", "title": "To prohibit the use of certain stimulus and disaster relief funds for business relocation incentives."} | 1,172 | 391 | 0.769186 | 2.417578 | 0.809269 | 5.035294 | 3.205882 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empower States Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is dependent on adequate, affordable
energy supplies from diverse sources for continued economic
stability and growth, national security, and maintenance and
enhancement of the quality of life of the people of the United
States;
(2) domestically produced natural gas and oil provide jobs
and economic opportunity to the people of the United States and
revenue to the States, including educational programs of the
States;
(3) volatile energy prices, as well as dependence on oil
from Middle East sources, have a detrimental effect on the
economy and security of the United States;
(4) States have a long record of protecting human health
and the environment while enabling increased energy
development;
(5) hydraulic fracturing is, and has been for decades, a
common operation used in exploration and production by the oil
and gas industry;
(6) the regulation of oil and gas exploration and
production activities, including hydraulic fracturing, has
traditionally been the within the province of the States; and
(7) States, that regulate oil and gas production, have
comprehensive laws and regulations to ensure safe operations
and drinking water.
SEC. 3. STATE PRIMACY REGARDING SAFE DRINKING WATER.
(a) Authority of Administrator.--Section 1414 of the Safe Drinking
Water Act (42 U.S.C. 300g-3) is amended--
(1) in subsection (b), by striking ``(b) The
Administrator'' and all that follows through ``The court may
enter'' and inserting the following:
``(b) Enforcement Actions.--
``(1) In general.--Subject to paragraph (2), the
Administrator may bring a civil action in the appropriate
United States district court to require compliance with any
applicable requirement, with an order issued under subsection
(g), or with any schedule or other requirement imposed pursuant
to a variance or exemption granted under section 1415 or 1416,
if the order, schedule, or other requirement is--
``(A) authorized under paragraph (1) or (2) of
subsection (a); or
``(B) requested by--
``(i) the chief executive officer of the
State in which is located the public water
system that is not in compliance with such
regulation or requirement; or
``(ii) the State agency with jurisdiction
over compliance by public water systems in the
State with national primary drinking water
regulations or State drinking water
regulations.
``(2) Requirement.--Notwithstanding paragraph (1), the
Administrator may not take any enforcement action against a
State that has primary enforcement responsibility for public
water systems (within the meaning of section 1413(a)) or a
company or individual within the State pursuant to this
subsection, section 1423, or any other provision of law,
unless--
``(A) the Administrator determines that there is an
imminent and substantial danger to the public health or
environment; and
``(B) the State failed to take corrective action.
``(3) Action by court.--The court may enter'';
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Amendment or Revocation.--The Administrator may not amend or
revoke any program of a State with partial or total primary enforcement
responsibility under this section unless the Administrator determines,
by clear and convincing evidence, that the program fails to effectively
protect drinking water in the State.''.
(b) Regulations.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) is amended by adding at the end the following:
``SEC. 1459. REGULATIONS.
``(a) Comments Relating to Oil and Gas Exploration and
Production.--Before issuing or promulgating any guideline or regulation
relating to oil and gas exploration and production on Federal, State,
tribal, or fee land pursuant to this Act, the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), or any other provision of law or Executive order, the head of
a Federal department or agency shall seek comments from and consult
with the head of each affected State, State agency, and Indian tribe at
a location within the jurisdiction of the State or Indian tribe, as
applicable.
``(b) Statement of Energy and Economic Impact.--Each Federal
department or agency shall develop a Statement of Energy and Economic
Impact, which shall consist of a detailed statement and analysis
supported by credible objective evidence relating to--
``(1) any adverse effects on energy supply, distribution,
or use, including a shortfall in supply, price increases, and
increased use of foreign supplies; and
``(2) any impact on the domestic economy if the action is
taken, including the loss of jobs and decrease of revenue to
each of the general and educational funds of the State or
affected Indian tribe.
``(c) Regulations.--
``(1) In general.--A Federal department or agency shall not
impose any new or modified regulation unless the head of the
applicable Federal department or agency determines--
``(A) that the rule is necessary to prevent
immediate harm to human health or the environment; and
``(B) by clear and convincing evidence, that the
State or Indian tribe does not have an existing
reasonable alternative to the proposed regulation.
``(2) Disclosure.--Any Federal regulation promulgated on or
after the date of enactment of this paragraph that requires
disclosure of hydraulic fracturing chemicals shall refer to the
database managed by the Ground Water Protection Council and the
Interstate Oil and Gas Compact Commission (as in effect on the
date of enactment of this Act).
``(d) Judicial Review.--
``(1) In general.--With respect to any regulation described
in this section--
``(A) a State or Indian tribe adversely affected by
an action carried out under the regulation shall be
entitled to review by a United States district court
located in the State or the District of Columbia of
compliance by the applicable Federal department or
agency with the requirements of this section;
``(B) an entity that is adversely affected by an
action carried out under the regulation--
``(i) may intervene in a review action
carried out under subparagraph (A) by the State
in which the adverse effect to the entity has
occurred or would occur; and
``(ii) shall be entitled to the same
judicial review as a State under subparagraph
(A) if, not later than 90 days after the date
of receipt of a petition from the entity, the
State in which the adverse effect to the entity
has occurred or would occur fails to seek
judicial review pursuant to subparagraph (A).
``(2) Action by court.--
``(A) In general.--A district court providing
review under this subsection may enjoin or mandate any
action by a relevant Federal department or agency until
the district court determines that the department or
agency has complied with the requirements of this
section.
``(B) Damages.--The court shall not order money
damages.
``(3) Scope and standard of review.--In reviewing a
regulation under this subsection--
``(A) the court shall not consider any evidence
outside of the record that was before the agency; and
``(B) the standard of review shall be de novo.''. | Empower States Act of 2012 - Amends the Safe Drinking Water Act, with respect to enforcement of drinking water regulations, to prohibit the Administrator of the Environmental Protection Agency (EPA) from taking any enforcement action against a state with primary enforcement responsibility for public water systems or a company or individual within the state, unless: (1) the Administrator determines that there is an imminent and substantial danger to the public health or environment, and (2) the state failed to take corrective action.
Prohibits the Administrator from amending or revoking any program of a state with partial or total primary enforcement responsibility unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the state.
Requires the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction.
Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations. | {"src": "billsum_train", "title": "A bill to recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, and provide for standards and requirements relating to certain guidelines and regulations relating to health and the environment."} | 1,674 | 417 | 0.542157 | 1.680075 | 0.767513 | 5.448 | 4.245333 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anna Westin Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definition.
Sec. 5. Training and education.
Sec. 6. Education and training for health professionals.
Sec. 7. Education and training for school and higher education
professionals.
Sec. 8. Public service announcements.
Sec. 9. Clarifying application of existing parity law.
Sec. 10. Prohibition on new appropriations.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Risk of death among individuals with anorexia nervosa
is 18 times greater than among individuals of the same age
without anorexia. It is estimated that at least one person dies
every 62 minutes from an eating disorder: at least 23 persons
each day.
(2) Health consequences such as osteoporosis (brittle
bones), gastrointestinal complications, cardiac, and dental
problems are significant health and financial burdens
throughout life.
(3) At lowest estimate, 14,500,000 people in the United
States suffer from eating disorders. One percent of adolescent
boys and 2 percent of adolescent girls suffer from eating
disorders. Eating disorders account for at least 4 percent of
all childhood hospitalizations.
(4) Eating disorders are treatable biopsychosocial
illnesses. There is a high rate of comorbidity with other
illnesses such as depression, substance abuse, or anxiety
disorders.
(5) Anorexia nervosa is an eating disorder characterized by
self-starvation, weight loss, fear of gaining weight, and
disturbances in the way in which one's body weight or shape is
experienced.
(6) Anorexia nervosa is associated with serious health
consequences including heart failure, kidney failure,
osteoporosis, and death. People who suffer anorexia nervosa are
57 times more likely to die of suicide than their peers.
(7) Current estimates of the lifetime prevalence of bulimia
nervosa are between 0.9 and 1.5 percent among women and between
0.1 and 0.5 percent among men.
(8) Bulimia nervosa is associated with serious health
consequences, including cardiac, gastrointestinal, and dental
problems including irregular heartbeats, gastric rupture,
peptic ulcer, tooth decay, and death.
(9) Binge eating disorder is characterized by frequent
episodes of uncontrolled overeating. Binge eating disorder is
common: at lowest estimate, 3.5 percent of women in the United
States and 2.0 percent of men in the United States will suffer
from this disorder in their lifetimes.
(10) Binge eating is often associated with obesity, high
blood pressure, elevated cholesterol levels, elevated
triglyceride levels, increased risk of bowel, breast, and
reproductive cancers, increased risk of diabetes, and increased
risk of arthritic damage to the joints.
(11) Many suffer from some, but not all, of the symptoms of
anorexia nervosa, bulimia nervosa, or binge eating disorder,
which is referred to as other specified feeding or eating
disorder or ``OSFED''. Between 4 percent and 20 percent of
young women practice unhealthy patterns of dieting, purging,
and binge eating.
(12) Eating disorders are more common in women, but they do
occur in men. Rates of binge eating disorder are similar in
females and males.
(13) Academic evidence has demonstrated a connection
between the use of very thin models in advertising and consumer
attitudes toward a brand based on such advertising, as well as
a material influence of the use of such models on consumer
purchase intent, conduct, and reliance.
(14) Eating disorders appear across all age groups, races,
ethnicities, and socioeconomic groups in the United States and
are associated with substantial psychological problems,
including depression, substance abuse, and suicide. For
children 12 years of age and younger, hospitalizations for
eating disorders increased by 119 percent between 1999 and
2006.
SEC. 4. DEFINITIONS.
In this Act--
(1) the term ``eating disorder'' includes anorexia nervosa,
bulimia nervosa, binge eating disorder, and other specified
feeding or eating disorders, as defined in the fifth edition of
``Diagnostic and Statistical Manual of Mental Disorders'',
published by the American Psychiatric Association or, if
applicable, the most recent successor edition; and
(2) the term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 5. TRAINING AND EDUCATION.
Subject to section 10, the Secretary, acting through the Director
of the Office on Women's Health of the Department of Health and Human
Services and in consultation with the Secretary of Education, shall--
(1) revise and then reinstate the BodyWise Handbook of the
Department of Education and related fact sheets and resource
lists available on the public Internet Website of the National
Women's Health Information Center sponsored by the Office on
Women's Health, to include--
(A) updated findings and conclusions as needed; and
(B) thorough information about eating disorders
relating to males and females;
(2) incorporate, as appropriate, information from such
BodyWise Handbook and related fact sheets and resource lists
into the curriculum of the BodyWorks obesity prevention program
developed by the Office on Women's Health, and training modules
used in such obesity prevention program; and
(3) promote and make publicly available (through a public
Internet Website or other method that does not impose a fee on
users) the BodyWise Handbook and related fact sheets and
resource lists, as updated under paragraph (1), and the
BodyWorks obesity prevention program, as updated under
paragraph (2), including for purposes of educating universities
and nonprofit entities on eating disorders.
SEC. 6. EDUCATION AND TRAINING FOR HEALTH PROFESSIONALS.
(a) In General.--Subject to section 10, the Secretary, acting
through the Administrator of the Substance Abuse and Mental Health
Services Administration, shall award grants to eligible entities to
integrate training into existing curricula for primary care physicians,
other licensed or certified health and mental health professionals, and
public health professionals that may include--
(1) early intervention and identification of eating
disorders;
(2) levels of treatment (including family-based, in-
patient, residential, partial hospitalization programming, and
intensive outpatient and outpatient treatment);
(3) how to properly refer patients to treatment;
(4) steps to aid in the prevention of the development of
eating disordered behaviors; and
(5) how to treat individuals with eating disorders.
(b) Application.--An entity desiring a grant under this section
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require,
including a plan for the use of funds that may be awarded and an
evaluation of the training that will be provided.
(c) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through such grant to--
(1) develop a training program containing evidence-based
findings, promising emerging best practices, or recommendations
that pertain to the identification of, early intervention in,
prevention of the development of, and treatment of, eating
disorders to conduct educational training and conferences,
which may include Internet-based courses and teleconferences,
on--
(A) how to help prevent the development of eating
disordered behaviors, identify, intervene early, and
appropriately and adequately treat eating disordered
patients;
(B) how to identify individuals with eating
disorders, and those who are at risk for suffering from
eating disorders and, therefore, at risk for related
severe medical and mental health conditions;
(C) how to conduct a comprehensive assessment of
individual and familial health risk factors; and
(D) how to conduct a comprehensive assessment of a
treatment plan; and
(2) evaluate and report to the Secretary on the
effectiveness of the training provided by such entity in
increasing knowledge and changing attitudes and behaviors of
trainees.
SEC. 7. EDUCATION AND TRAINING FOR SCHOOL AND HIGHER EDUCATION
PROFESSIONALS.
(a) Grants.--Subject to section 10, the Secretary, acting through
the Administrator of the Substance Abuse and Mental Health Services
Administration, shall award grants to eligible entities--
(1) to conduct educational seminars for school personnel on
early identification of, intervention in, and prevention of,
behaviors that are often associated with the development of
eating disordered behaviors; and
(2) to make resources available to individuals affected by
eating disorders.
(b) Educational Seminars.--As a condition on the receipt of a grant
under this subsection, an eligible entity shall agree to conduct
educational seminars under subsection (a)(1), taking into consideration
educational materials made available through the BodyWise eating
disorder initiative of the Department of Health and Human Services and
relevant research on eating disorders.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means any State, territory, or possession of the United States, the
District of Columbia, any Indian tribe or tribal organization (as
defined in subsections (e) and (l), respectively, of section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)), or a public or private educational institution, including an
institution of higher education.
SEC. 8. PUBLIC SERVICE ANNOUNCEMENTS.
(a) In General.--Subject to section 10, the Director of the
National Institute of Mental Health shall conduct a program of public
service announcements to educate the public on--
(1) the types of eating disorders;
(2) the seriousness of eating disorders (including
prevalence, comorbidities, and physical and mental health
consequences);
(3) how to identify, intervene, refer for treatment, and
prevent behaviors that often lead to the development of eating
disordered behaviors;
(4) discrimination and bullying based on body size;
(5) the effects of media on self-esteem and body image; and
(6) the signs and symptoms of eating disorders.
(b) Collaboration.--The Director of the National Institute of
Mental Health shall conduct the program under subsection (a) in
collaboration with--
(1) centers of excellence; and
(2) community-based national nonprofit resources that
support individuals affected by eating disorders and work to
prevent eating disorders and address body image and weight
issues.
SEC. 9. CLARIFYING APPLICATION OF EXISTING PARITY LAW.
(a) PHSA.--Section 2726 of the Public Health Service Act (42 U.S.C.
300gg-26) is amended--
(1) in subsection (a)(3), by adding at the end the
following new subparagraph:
``(C) Treatment of permanent exclusions under
mental health and substance use disorder benefits.--A
group health plan or health insurance issuer offering
group or individual health insurance coverage to which
subparagraph (A) applies shall be considered in
violation of subparagraph (A)(ii) if the mental health
or substance use disorder benefits under such plan or
coverage provides for a permanent exclusion from such
benefits for a particular condition or disorder.''; and
(2) by adding at the end the following new subsection:
``(f) Residential Treatment.--For purposes of this section, mental
health and substance use disorder benefits include residential
treatment.''.
(b) ERISA.--Section 712 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a) is amended--
(1) in subsection (a)(3), by adding at the end the
following new subparagraph:
``(C) Treatment of permanent exclusions under
mental health and substance use disorder benefits.--A
group health plan (or health insurance coverage offered
in connection with such a plan) to which subparagraph
(A) applies shall be considered in violation of
subparagraph (A)(ii) if the mental health or substance
use disorder benefits under such plan (or coverage)
provides for a permanent exclusion from such benefits
for a particular condition or disorder.''; and
(2) by adding at the end the following new subsection:
``(h) Residential Treatment.--For purposes of this section, mental
health and substance use disorder benefits include residential
treatment.''.
(c) IRC.--Section 9812 of the Internal Revenue Code of 1986 is
amended--
(1) in subsection (a)(3), by adding at the end the
following new subparagraph:
``(C) Treatment of permanent exclusions under
mental health and substance use disorder benefits.--A
group health plan to which subparagraph (A) applies
shall be considered in violation of subparagraph
(A)(ii) if the mental health or substance use disorder
benefits under such plan provides for a permanent
exclusion from such benefits for a particular condition
or disorder.''; and
(2) by adding at the end the following new subsection:
``(f) Residential Treatment.--For purposes of this section, mental
health and substance use disorder benefits include residential
treatment.''.
(d) Limitation.--Nothing in this section or the amendments made by
this section shall be construed as adding or expanding the scope of
mental health or addiction services included under section 2726 of the
Public Health Service Act (42 U.S.C. 300gg-26), section 712 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), or
section 9812 of the Internal Revenue Code of 1986.
SEC. 10. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act. This Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes. | Anna Westin Act of 2015 This bill requires the Office on Women's Health of the Department of Health and Human Services to revise, promote, and make freely available the BodyWise Handbook and BodyWorks obesity prevention program. The handbook must include information about eating disorders relating to males and females. The Substance Abuse and Mental Health Services Administration must award grants: (1) to integrate training on eating disorders into existing curricula for health, mental health, and public health professionals; and (2) to states, Indian tribes, tribal organizations, and educational institutions for seminars for school personnel on eating disorders and to make resources available to individuals affected by eating disorders. The National Institute of Mental Health must make public service announcements on eating disorders. This bill amends the Public Health Service Act, Employee Retirement Income Security Act of 1974 (ERISA), and Internal Revenue Code to prohibit health insurance coverage from permanently excluding a particular condition from mental health or substance use disorder benefits. Mental health and substance use disorder benefits include residential treatment. | {"src": "billsum_train", "title": "Anna Westin Act of 2015"} | 3,033 | 215 | 0.536086 | 1.69873 | 0.67742 | 4.14359 | 14.353846 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Prescription Drugs Act''.
SEC. 2. COMPULSORY LICENSING OF CERTAIN PATENTED MEDICAL INVENTIONS.
(a) In General.--Chapter 14 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 158. Compulsory licensing
``(a) Compulsory Licensing of Certain Patented Medical
Inventions.--In the case of any subject invention relating to health in
which a patent holder, contractor, exclusive licensee, or assignee has
acquired title under this title, the Secretary of Health and Human
Services shall have the right to establish other use of the subject
matter of the patent without authorization of the right holder if the
Secretary makes the determination described in subsection (b).
``(b) Determination.--The determination of the Secretary of Health
and Human Services referred to in subsection (a) is a determination
that--
``(1) the patent holder, contractor, licensee, or assignee
referred to in subsection (a) has not taken, or is not expected
to take within a reasonable time, effective steps to achieve
practical application of the subject invention in a field of
use;
``(2) such compulsory license is necessary to alleviate
health or safety needs which are not adequately satisfied by
the patent holder, contractor, licensee, or assignee; or
``(3) the patented material is priced higher than may be
reasonably expected based on criteria developed by the
Secretary of Commerce.
``(c) Factors in Authorizing Other Use.--In exercising the right
under subsection (a) to authorize other use of the subject matter of a
patent, the following shall apply:
``(1) Authorization of such use shall be considered on its
individual merits.
``(2) Such use may only be permitted if, prior to such use,
the proposed user has made efforts to obtain authorization from
the right holder on reasonable commercial terms and conditions
and that such efforts have not been successful within a
reasonable period of time. This requirement may be waived in
the case of a national emergency or other circumstances of
extreme urgency or in cases of public noncommercial use. In
situations of national emergency or other circumstances of
extreme urgency, the right holder shall, nevertheless, be
notified as soon as reasonably practicable. In the case of
public noncommercial use, where the Government or (if
applicable) a contractor of the Government, without making a
patent search, knows or has demonstrable grounds to know that a
valid patent is or will be used by or for the Government, the
right holder shall be informed promptly.
``(3) Such use shall be nonexclusive.
``(4) Such use shall be nonassignable, except with that
part of the enterprise or goodwill which enjoys such use.
``(5) Authorization for such use shall be liable, subject
to adequate protection of the legitimate interests of the
persons so authorized, to be terminated if and when the
circumstances which led to it cease to exist and are unlikely
to recur. The competent authority shall have the authority to
review, upon appropriate request, the continued existence of
such circumstances.
``(6) The right holder shall be paid adequate remuneration
in the circumstances of each case, taking into account the
economic value of the authorization.
``(7) The legal validity of any decision relating to the
authorization of such use shall be subject to judicial review
or other independent review by a distinct Federal authority.
``(8) Any decision relating to the remuneration provided in
respect of such use shall be subject to judicial review or
other independent review by a distinct Federal authority.
``(9) The condition set forth in paragraph (2) is not
applicable where such use is permitted to remedy a practice
determined after judicial or administrative process to be
anticompetitive. The need to correct anticompetitive practices
may be taken into account in determining the amount of
remuneration in such cases. The competent authorities shall
have the authority to refuse termination of authorization if
and when the conditions which led to such authorization are
likely to recur.
``(10) Where such use is authorized to permit the
exploitation of a patent (`the 2nd patent') which cannot be
exploited without infringing another patent (`the 1st patent'),
the following additional conditions shall apply:
``(A) The invention claimed in the 2nd patent shall
involve an important technical advance of considerable
economic significance in relation to the invention
claimed in the 1st patent.
``(B) The owner of the 1st patent shall be entitled
to a cross-license on reasonable terms to use the
invention claimed in the 2nd patent.
``(C) The use authorized in respect of the 1st
patent shall be nonassignable except with the
assignment of the 2nd patent.
``(d) Consistency With TRIPS.--Regulations adopted under subsection
(a) shall be consistent with provisions of the Agreement on Trade-
Related Aspects of Intellectual Property Rights referred to in section
101(d)(15) of the Uruguay Round Agreements Act.''.
(b) Conforming Amendment.--the table of contents for chapter 14 of
title 35, United States Code, is amended by adding at the end the
following new item:
``158. Compulsory licensing.''.
SEC. 3. REPORT ON PHARMACEUTICAL COSTS AND SALES.
(a) Report Requirement.--Any person engaged in the manufacture and
sale of any drug approved under section 505 or 512 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360b) for which a patent is
still in effect shall report to the Congress annually an audit of all
financial information relevant to the pricing of that drug nationally
and internationally, including the costs of research and development,
sufficient to assess the reasonableness of that pricing, in accordance
with specifications developed by the Secretary of Commerce in
consultation with the Commissioner of Food and Drugs.
(b) Disqualification From Participation in Federal Programs as
Penalty for Noncompliance.--In the case of a person who the Secretary
of Commerce determines has failed to submit a report required under
subsection (a) on a timely basis, the person shall be ineligible to
receive payment from the Federal Government or under any Federal
program (including under the medicare and medicaid programs) for any
prescription drug or biologic it manufactures or sells until the date
the Secretary determines that such failure has ceased. | Requires any person engaged in the manufacture and sale of any new drug or new animal drug approved under the Federal Food, Drug, and Cosmetic Act, for which a patent is still in effect, to report annually to Congress an audit of all financial information relevant to that drug's pricing nationally and internationally, including research and development costs, sufficient to assess the reasonableness of that pricing. Requires disqualification from participation in Federal programs as a penalty for noncompliance with this reporting requirement. | {"src": "billsum_train", "title": "Affordable Prescription Drugs Act"} | 1,453 | 107 | 0.397134 | 1.007934 | 0.337111 | 3.659341 | 14.615385 | 0.934066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2001''.
SEC. 2. ADDITIONAL PROJECT AUTHORIZATIONS.
Section 4(a) of the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat.
3067) is amended by adding at the end the following:
``(5) In the United Irrigation District of Hidalgo County,
Texas, a pipeline and pumping system, as identified in the
study conducted by Sigler, Winston, Greenwood, and Associates,
Inc., dated January 2001.
``(6) In the Cameron County, Texas, Irrigation District No.
2, proposed improvements to Canal C, as identified in the
engineering report completed by Martin, Brown, and Perez, dated
February 8, 2001.
``(7) In the Cameron County, Texas, Irrigation District No.
2, a proposed Canal C and Canal 13 Inner Connect, as identified
in the engineering report completed by Martin, Brown, and
Perez, dated February 12, 2001.
``(8) In Delta Lake Irrigation District of Hidalgo and
Willacy Counties, Texas, proposed water conservation projects,
as identified in the engineering report completed by AW Blair
Engineering, dated February 13, 2001.
``(9) In the Hidalgo and Cameron County, Texas, Irrigation
District No. 9, a proposed project to salvage spill water using
automatic control of canal gates, as identified in the
engineering report completed by AW Blair Engineering, dated
February 14, 2001.
``(10) In the Brownsville Irrigation District of Cameron
County, Texas, a proposed main canal replacement, as identified
in the engineering report completed by Holdar-Garcia &
Associates, dated February 14, 2001.
``(11) In the Hidalgo County, Texas, Irrigation District
No. 16, a proposed off-district pump station project, as
identified in the engineering report completed by Melden &
Hunt, Inc., dated February 14, 2001.
``(12) In the Hidalgo County, Texas, Irrigation District
No. 1, a proposed canal replacement of the North Branch East
Main, as identified in the engineering analysis completed by
Melden & Hunt, Inc., dated February 2001.
``(13) In the Donna (Texas) Irrigation District, a proposed
improvement project, as identified in the engineering analysis
completed by Melden & Hunt, Inc., dated February 13, 2001.
``(14) In the Hudspeth County, Texas, Conservation and
Reclamation District No. 1--
``(A) the Alamo Arroyo Pumping Plant water quality
project, as identified in the engineering report and
drawings completed by Gebliard-Sarma and Associates,
dated July 1996; and
``(B) the construction of a 1,000 acre-foot off-
channel regulating reservoir for the capture and
conservation of irrigation water, as identified in the
engineering report completed by AW Blair Engineering,
dated March 2001.
``(15) In the El Paso County, Texas, Water Improvement
District No. 1, the Riverside Canal Improvement Project Phase
I, Reach A, a canal lining and water conservation project, as
identified in the engineering report and drawings completed by
AW Blair Engineering, dated November 1999.
``(16) In the Maverick County, Texas, Water Improvement and
Control District No. 1, the concrete lining project of 12 miles
of the Maverick Main Canal, as identified in the engineering
report completed by AW Blair Engineering, dated March 2001.
``(17) In the Hidalgo County, Texas, Irrigation District
No. 6, rehabilitation of 10.2 miles of concrete lining in the
main canal between Lift Stations Nos. 2 and 3, as identified in
the engineering report completed by AW Blair Engineering, dated
March 2001.
``(18) In the Hidalgo County, Texas, Irrigation District
No. 2, Wisconsin Canal Improvements, as identified in the
engineering report completed by Sigler, Winston, Greenwood and
Associates, Inc., dated February 2001.
``(19) In the Hidalgo County Irrigation District No. 2,
Lateral `A' Canal Improvements, as identified in the
engineering report completed by Sigler, Winston, Greenwood and
Associates, Inc., dated July 25, 2001.''.
SEC. 3. ADDITIONAL AMENDMENTS.
(a) Lower Rio Grande Water Conservation and Improvement Program.--
Section 3 of the Lower Rio Grande Valley Water Resources Conservation
and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3065) is
amended--
(1) in the first sentence of subsection (a), by striking
``The Secretary'' and all that follows through ``in
cooperation'' and inserting ``The Secretary, acting through the
Commissioner of Reclamation, shall carry out a program under
cooperative agreements'';
(2) by striking subsection (b) and inserting the following:
``(b) Review and Evaluation.--The Secretary shall review and
evaluate project proposals in accordance with the guidelines described
in the document published by the Bureau of Reclamation entitled
`Guidelines for Preparing and Reviewing Proposals for Water
Conservation and Improvement Projects Under Public Law 106-576', dated
June 2000.'';
(3) in subsection (d), by inserting before the period at
the end the following: ``, including operation, maintenance,
repair, and replacement'';
(4) in subsection (e), by striking ``the criteria
established pursuant to this section'' and inserting ``the
guidelines referred to in subsection (b)'';
(5) by striking subsection (f) and inserting the following:
``(f) Report Preparation; Reimbursement.--
``(1) In general.--Subject to paragraph (2), project
sponsors may choose to enter into 1 or more contracts with the
Secretary under which the Secretary shall prepare the reports
required under this section.
``(2) Federal share.--The Federal share of the cost of
report preparation by the Secretary described in paragraph (1)
shall not exceed 50 percent of the total cost of that
preparation.''; and
(6) in subsection (g), by striking ``$2,000,000'' and
inserting ``$8,000,000''.
(b) Lower Rio Grande Construction Authorization.--Section 4 of the
Lower Rio Grande Valley Water Resources Conservation and Improvement
Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``costs of
any construction'' and inserting ``total project cost
of any project''; and
(B) in the last sentence, by striking ``spent'' and
inserting ``expended''; and
(2) in subsection (c), by striking ``$10,000,000'' and
inserting ``$47,000,000, as adjusted to reflect the change,
relative to September 30, 2001, in the Consumer Price Index for
all urban consumers published by the Department of Labor''. | Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2001 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to: (1) authorize the construction of additional specified projects in Texas; (2) require the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out the Lower Rio Grande Water Conservation and Improvement Program through cooperative agreements; (3) require the Secretary to review and evaluate project proposals in accordance with the guidelines described in a specified Bureau of Reclamation document; (4) require the Secretary to determine that a non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs, including operation, maintenance, repair, and replacement, and whether the project meets the guidelines; (5) permit project sponsors to enter into at least one contract with the Secretary under which the Secretary shall prepare the reports required under the Act (at a Federal cost share not to exceed 50 percent); (6) increase the authorization of appropriations for carrying out the Program; and (7) limit the non-Federal share of the total cost of any project carried out under or with assistance provided under the Act to 50 percent. | {"src": "billsum_train", "title": "A bill to amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects under that Act, and for other purposes."} | 1,584 | 249 | 0.463486 | 1.377786 | 0.592288 | 3.038136 | 6.254237 | 0.868644 |
SECTION 1. MODIFICATIONS TO EARNED INCOME TAX CREDIT.
(a) Modifications in Computation of Credit; Supplemental Child
Credit.--
(1) Percentages.--Subsection (b) of section 32 of the
Internal Revenue Code of 1986 (relating to earned income tax
credit) is amended to read as follows:
``(b) Percentages.--
``(1) In general.--For purposes of subsection (a), the
credit percentage and the phaseout percentage shall be
determined as follows:
In the case of an eligible
individual with: The credit percentage is: The phaseout percentage is:
1 qualifying child.......... 30.............................. 17
2 or more qualifying
children................... 42.............................. 21
``(2) Supplemental child credit.--In the case of a taxpayer
with a qualifying child who has not attained 6 as of the close
of the calendar year in which or with which the taxable year of
the taxpayer ends--
``(A) the credit percentage shall be increased by 5
percentage points for each such child, and
``(B) the phaseout percentage shall be increased by
2 percentage points for each such child.
Not more than 4 children may be taken into account under this
paragraph.''
(2) Uniform Earned Income Amounts and Phaseout Amounts.--
Subsection (a) of section 32 of such Code is amended--
(A) by striking ``the earned income amount'' each
place it appears and inserting ``$8,500'', and
(B) by striking ``the phaseout amount'' in
paragraph (2)(B) and inserting ``$10,000''.
(b) Repeal of Credit for Individuals Without Children.--
Subparagraph (A) of section 32(c)(1) of such Code is amended to read as
follows:
``(A) In general.--The term `eligible individual'
means any individual who has a qualifying child for the
taxable year.''
(c) Qualifying Children Must Be Under 18 Years of Age or
Disabled.--Subparagraph (C) of section 32(c)(3) of such Code is amended
by striking ``19'' in paragraph (1) and inserting ``18'', by adding
``and'' at the end of paragraph (1), by striking paragraph (2), and by
redesignating paragraph (3) as paragraph (2).
(d) Advance Payment Provisions.--
(1) Subsection (b) of section 3507 of such Code is amended
by striking ``and'' at the end of paragraph (3), by striking
the period at the end of paragraph (4) and inserting ``, and'',
and by inserting after paragraph (4) the following new
paragraph:
``(5) states the number and ages of qualifying children (as
defined in section 32(c)) of the employee for the taxable
year.''
(2) Paragraph (2) of section 3507(c) of such Code is
amended--
(A) by striking clauses (i) and (ii) of
subparagraph (B) and inserting the following:
``(i) of not more than the credit
percentage of earned income not in excess of
$8,500, which
``(ii) phases out at the phaseout
percentage between $10,000 and the amount of
earned income at which the credit under section
32(a) phases out for such employee, or'', and
(B) by adding at the end the following new
sentence:
``For purposes of this paragraph, the credit percentage and the
phaseout percentage shall be determined under section 32(b) on
the basis of the number and ages of qualifying children
specified in the earned income eligibility certificate of the
employee.''
(3) Clause (i) of section 3507(e)(3)(A) of such Code is
amended by inserting before ``, or'' the following: ``(or
changing the percentages applicable to the employee under
section 32(b) for the taxable year)''.
(e) Verification of Taxpayer Identification Numbers.--Section 32 of
such Code is amended by adding at the end the following new subsection:
``(k) Verification of Taxpayer Identification Numbers.--No credit
shall be allowed under this section to any taxpayer until the Secretary
has verified that the numbers set forth on the return claiming the
credit as--
``(1) the taxpayer identification number of the taxpayer,
and
``(2) the taxpayer identification numbers of all qualifying
children,
are valid.''
(f) Conforming Amendment.--Subsection (i) of section 32 of such
Code is amended to read as follows:
``(i) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 1996, each credit percentage used for purposes
of subsection (a) shall be increased by an amount equal to--
``(A) such percentage, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `1995' for
`1992' in subparagraph (B) thereof.
``(2) Rounding.--If any percentage after being increased
under paragraph (1) is not a multiple of 0.01 percentage point,
such percentage shall be rounded to the nearest 0.01 percentage
point.''
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995; except that
the amendments made by subsection (d) shall take effect on January 1,
1996. | Amends the Internal Revenue Code to modify the earned income credit.
Allows a supplemental child credit for each qualifying child who has not attained age six. Limits such credit to four children.
Establishes the earned income amount and the phaseout amount to be used in determining the earned income credit (currently tables determine such amounts based on the number of qualifying children).
Repeals the use of such credit by individuals without children.
Lowers the qualifying age requirement from under 19 years to under 18 years. Repeals the qualification of students under the age of 24.
Requires the verification of taxpayer identification numbers on returns claiming the earned income credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reform the earned income tax credit."} | 1,218 | 141 | 0.538582 | 1.233155 | 0.630513 | 1.674603 | 8.944444 | 0.81746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Federal Lands Management
Demonstration Project Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) established new and expanded units of the
National Park System and the National Wildlife Refuge System in
many areas of Alaska. The purposes of these conservation system
units include protection of habitat for fish and wildlife,
conservation of fish and wildlife populations, continued
opportunity for subsistence uses by local residents, and
protection of archeological sites associated with Alaska Native
cultures.
(2) Many rural Alaskan communities are in close proximity
to conservation system units and the purposes of these
conservation system units are uniquely relevant to the culture
and ways of Alaska Natives and other residents of rural Alaska
communities. Congress recognized this close relationship in
sections 1306, 1307, and 1308 of the Alaska National Interest
Lands Conservation Act, which directed the Secretary of the
Interior to establish programs whereby Alaska Native lands were
given preference for the siting of conservation system unit
facilities, Alaska Native corporations and local residents were
given preference for the provision of visitor services, and
local residents were given preference for employment.
(b) Purposes.--The purposes of this Act are as follows:
(1) To promote innovative management strategies that are
designed to lead to greater efficiency in conservation system
unit management.
(2) To expand Alaska Native contracting opportunities.
(3) To increase local native employment in Alaska.
(4) To further the unique purposes of conservation system
units as they relate to subsistence practices, Alaska Native
culture, and the conservation of fish and wildlife habitat and
populations.
SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall carry out a program within the
Department of the Interior to be known as the ``Alaska Federal Lands
Management Demonstration Project'' by which 12 Indian tribes or tribal
organizations may contract to perform administrative and management
functions, construction, maintenance, data collection, biological
research, and harvest monitoring on conservation system units in
Alaska.
(b) Participation.--During each of the 2 fiscal years immediately
following the date of the enactment of this Act, the Secretary shall
select, in a manner to achieve geographic representation within Alaska,
not less than 6 eligible Indian tribes or tribal organizations per year
to participate in the demonstration project.
(c) Eligibility.--To be eligible to participate in the
demonstration project, an Indian tribe or tribal organization, shall--
(1) request participation by resolution or other official
action of the governing body of the Indian tribe or tribal
organization;
(2) demonstrate financial and management stability and
capability, as evidenced by the Indian tribe or tribal
organization having no unresolved significant and material
audit exceptions for the previous 3 fiscal years; and
(3) demonstrate significant use of or dependency upon the
relevant conservation system unit or other public land unit for
which programs, functions, services, and activities are
requested to be placed under contract.
(d) Priority.--If the Secretary receives a request to contract
specific conservation system unit programs, services, functions, and
activities, or portions thereof, from more than one Indian tribe or
tribal organization meeting the criteria set forth in subsection (c),
the Secretary shall apply the priority selection criteria applied by
the Alaska Region of the Bureau of Indian Affairs for contracting
pursuant to the Indian Self-Determination and Education Assistance Act.
If, after applying such criteria, more than one eligible Indian tribe
or tribal organization remains and such Indian tribes or tribal
organizations have overlapping requests to negotiate and contract for
the same programs, services, functions, and activities, or portions
thereof, the Secretary may require such Indian tribes or tribal
organizations to agree regarding which Indian tribe or tribal
organization shall have the ability to contract or to submit a joint
request prior to entering into negotiations.
(e) Planning Phase.--Each Indian tribe and tribal organization
selected by the Secretary to participate in the demonstration project
shall complete a planning phase prior to negotiating and entering into
a conservation system unit management contract. The planning phase
shall be conducted to the satisfaction of the Secretary, Indian tribe,
or tribal organization, and shall include--
(1) legal and budgetary research; and
(2) internal tribal planning and organizational
preparation.
(f) Contracts.--
(1) In general.--Upon request of a participating Indian
tribe or tribal organization that has completed the planning
phase pursuant to subsection (e), the Secretary shall negotiate
and enter into a contract with the Indian tribe or tribal
organization for the Indian tribe or tribal organization to
plan, conduct, and administer programs, services, functions,
and activities, or portions thereof, as described in subsection
(a), requested by the Indian tribe or tribal organization and
related to the administration of a conservation system unit
that is substantially located within the geographic region of
the Indian tribe or tribal organization.
(2) Time limitation for negotiation of contracts.--Not
later than 90 days after a participating Indian tribe or tribal
organization has notified the Secretary that it has completed
the planning phase required by subsection (e), the Secretary
shall initiate and conclude negotiations, unless an alternative
negotiation and implementation schedule is otherwise agreed to
by the parties. The declination and appeals provisions of the
Indian Self-Determination and Education Assistance Act,
including section 110 of such Act, shall apply to contracts and
agreements requested and negotiated under this Act.
(g) Contract Administration.--
(1) Inclusion of certain terms.--At the request of the
contracting Indian tribe or tribal organization, the benefits,
privileges, terms, and conditions of agreements entered into
pursuant to titles I and IV of the Indian Self-Determination
and Education Assistance Act may be included in a contract
entered into under this Act. If any provisions of the Indian
Self-Determination and Education Assistance Act are
incorporated, they shall have the same force and effect as if
set out in full in this Act and shall apply notwithstanding any
other provision of law. The parties may include such other
terms and conditions as are mutually agreed to and not
otherwise contrary to law.
(2) Audit.--Contracts entered into under this Act shall
provide for a single-agency audit report to be filed as
required by chapter 75 of title 31, United States Code.
(3) Transfer of employees.--Any career Federal employee
employed at the time of the transfer of an operation or program
to an Indian tribe or tribal organization shall not be
separated from Federal service by reason of such transfer.
Intergovernmental personnel actions may be used to transfer
supervision of such employees to the contracting Indian tribe
or tribal organization. Such transferred employees shall be
given priority placement for any available position within
their respective agency, notwithstanding any priority
reemployment lists, directives, rules, regulations, or other
orders from the Department of the Interior, the Office of
Management and Budget, or other Federal agencies.
(h) Available Funding; Payment.--Under the terms of a contract
negotiated pursuant to subsection (f), the Secretary shall provide each
Indian tribe or tribal organization funds in an amount not less than
the Secretary would have otherwise provided for the operation of the
requested programs, services, functions, and activities. Contracts
entered into under this Act shall provide for advance payments to the
tribal organizations in the form of annual or semiannual installments.
(i) Timing; Contract Authorization Period.--An Indian tribe or
tribal organization selected to participate in the demonstration
project shall complete the planning phase required by subsection (e)
not later than 1 calendar year after the date that it was selected for
participation and may begin implementation of its requested contract no
later than the first day of the next fiscal year. The Indian tribe or
tribal organization and the Secretary may agree to an alternate
implementation schedule. Contracts entered into pursuant to this Act
are authorized to remain in effect for 5 consecutive fiscal years,
starting from the fiscal year the participating Indian tribe or tribal
organization first entered into its contract under this Act.
(j) Report.--Not later than 90 days after the close of each of
fiscal years 2007 and 2010, the Secretary shall present to the Congress
detailed reports, including a narrative, findings, and conclusions on
the costs and benefits of this demonstration project. The reports shall
identify remaining institutional and legal barriers to the contracting
of conservation system unit management to Alaska Native entities and
shall contain recommendations for improving, continuing, and expanding
the demonstration project. The reports shall be authored jointly with,
and shall include the separate views of, all participating Indian
tribes and tribal organizations.
(k) Limitations.--
(1) Revenue producing visitor services.--Contracts
authorized under this Act shall not include revenue-producing
visitor services, unless an agreement is reached with the most
directly affected Alaska Native corporations to allow such
services to be included in the contract. Such contracts shall
not otherwise repeal, alter, or otherwise modify section 1307
or 1308 of the Alaska National Interests Lands Conservation
Act.
(2) Contracts.--Contracts authorized under this Act shall
not grant or include any authority to administer or otherwise
manage or oversee permits, licenses, or contracts related to
sport hunting and fishing guiding activities.
(3) Denali national park.--The Denali National Park shall
not be subject to any of the provisions of this Act.
(4) State's management authority for fish and wildlife.--
Nothing in this Act is intended to enlarge or diminish the
responsibility and authority of the State of Alaska for
management of fish and wildlife.
(l) Planning Grants.--
(1) In general.--Subject to the availability of
appropriated funds, upon application the Secretary shall award
a planning grant in the amount of $100,000 to any Indian tribe
or tribal organization selected for participation in the
demonstration project to enable it to plan for the contracting
of programs, functions, services, and activities as authorized
under this Act and meet the planning phase requirement of
subsection (e). An Indian tribe or tribal organization may
choose to meet the planning phase requirement without applying
for a grant under this subsection. No Indian tribe or tribal
organization may receive more than 1 grant under this
subsection.
(2) Authorization of appropriations.--There is authorized
to be appropriated $600,000 for each of the 2 fiscal years
immediately following the date of the enactment of this Act to
fund planning grants under this section.
SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION
PROJECT.
(a) In General.--The Secretary shall enter into contracts,
compacts, or funding agreements under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) with the Koyukuk River
Basin Moose Co-Management Team, Inc., upon receipt of authorizing
resolutions from its member tribal or village councils, to establish a
demonstration project providing programs, functions, services, and
activities of the Koyukuk and Kanuti National Wildlife Refuges.
(b) Assignment of Employees.--To the maximum extent possible,
contracts and compacts under subsection (a) shall provide that the
United States Fish and Wildlife Service shall assign employees assigned
to the Koyukuk and Kanuti National Wildlife Refuges to the contractor
pursuant to the Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.)
with all such employees maintained as Federal employees retaining all
benefits and status of Federal service.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) Conservation system unit.--The term ``conservation
system unit'' shall have the meaning given that term in section
102(4) of the Alaska National Interest Lands Conservation Act.
(2) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal organization.--The term ``tribal organization''
shall have the meaning given that term in section 4(l) of the
Indian Self-Determination and Education Assistance Act. | Alaska Federal Lands Management Demonstration Project Act - Directs the Secretary of the Interior to conduct an Alaska Federal Lands Management Demonstration Project.
Requires the Secretary to select no fewer than six eligible, geographically representative tribes or tribal organizations per year (up to a maximum of 12) to perform administrative and management functions, construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska. Requires selected tribes to complete a planning phase before negotiating and contracting with the Secretary.
Excludes revenue-producing visitor services unless agreed to by the Alaska Native corporations most directly affected. Excludes the Denali National Park.
Provides for planning grants.
Directs the Secretary to establish a demonstration project with the Koyukuk River Basin Moose Co-Management Team, Inc., for the provision of services at the Koyukuk and Kanuti National Wildlife Refuges.
Authorizes the use of intergovernmental personnel actions to assign Federal employees to the contractor while retaining their Federal employment status. | {"src": "billsum_train", "title": "To expand Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, and for other purposes."} | 2,602 | 233 | 0.557399 | 1.579185 | 0.858291 | 3.820652 | 13.456522 | 0.918478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CEO-Employee Pay Fairness Act of
2014''.
SEC. 2. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN EXCESSIVE EMPLOYEE
REMUNERATION.
(a) Expanded Application of Deduction Denial if Pay Fairness
Requirement Not Met.--Section 162(m) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(7) Special rule in case of companies not meeting pay
fairness requirement.--
``(A) In general.--In the case of a publicly held
corporation which does not meet the pay fairness
requirement of subparagraph (B) for the taxable year--
``(i) no deduction shall be allowed under
this chapter for applicable employee
remuneration with respect to any employee to
the extent that the amount of such remuneration
for the taxable year with respect to such
employee exceeds $1,000,000, and
``(ii) paragraph (4) shall be applied
without regard to subparagraphs (B), (C), and
(D) thereof.
For purposes of the preceding sentence, the term
`employee' includes any officer or director of the
taxpayer and any former officer, director, or employee
of the taxpayer.
``(B) Pay fairness requirement.--The pay fairness
requirement of this subparagraph is satisfied if--
``(i)(I) the average compensation paid by
the taxpayer to or for all applicable United
States employees for the taxable year, exceeds
``(II) the inflation and productivity
growth adjusted average of such compensation
for the preceding taxable year, and
``(ii) the aggregate compensation paid by
the employer to or for all applicable United
States employees for the taxable year is not
less than the aggregate of such compensation
for the preceding taxable year.
``(C) Applicable united states employee.--For
purposes of this paragraph, the term `applicable United
States employee' means, with respect to any taxable
year, any employee--
``(i) whose services with respect to the
employer are substantially all performed within
the United States, and
``(ii) whose compensation from the employer
for the taxable year does not exceed the dollar
amount in effect under section 414(q)(1)(B)(i)
with respect to the calendar year in which such
taxable year begins.
``(D) Inflation and productivity growth adjusted
average.--The inflation and productivity growth
adjusted average of compensation under subparagraph
(B)(i)(II) for any taxable year shall be determined by
multiplying--
``(i) the average of the compensation paid
by the taxpayer to or for all applicable United
States employees for the taxable year, by
``(ii) the sum of the cost-of-living
adjustment and the productivity adjustment for
the taxable year.
``(E) Cost-of-living adjustment.--For purposes of
subparagraph (D)(ii), the cost-of-living adjustment for
any taxable year shall be the cost-of-living adjustment
determined under section 1(f)(3) for the calendar year
in which the taxable year begins, determined by
substituting `the second preceding calendar year' for
`calendar year 1992' in subparagraph (B) thereof.
``(F) Productivity adjustment.--For purposes of
subparagraph (D)(ii)--
``(i) In general.--The productivity
adjustment for the taxable year shall be an
amount (expressed as a percentage) equal to the
average annual increase in the business
productivity index for the period beginning
with calendar year 2000 and ending with the
calendar year preceding the calender year in
which the taxable year begins.
``(ii) Business productivity index.--The
term `business productivity index' means the
nonfarm business productivity index published
by the Bureau of Labor Statistics as adjusted
by the Secretary to account for depreciation.
``(G) Compensation.--For purposes of this
subparagraph, the term `compensation' means, with
respect to any employee, the sum of--
``(i) the employee's wages on which the tax
under section 3101(b) is imposed, plus
``(ii) any amount described in paragraph
(9), (11), (12), or (14) of section 6051(a)
with respect to the employee.
``(H) Aggregation rules.--Rules similar to the
rules of paragraph (5)(B)(iii) shall apply for purposes
of this paragraph.
``(I) Regulations.--The Secretary may prescribe
such regulations as are necessary to carry out the
purposes of this paragraph, including adjustments to
the pay fairness requirements of subparagraph (B)--
``(i) to prevent avoidance of this
paragraph through changes in the composition of
the taxpayer's workforce, and
``(ii) to account for significant, non-tax-
motivated changes in the size and composition
of the taxpayer's workforce (including mergers,
spinoffs, or changes in the occupational
composition of a taxpayer's workforce).''.
(b) Modification of Definition of Covered Employees.--
(1) In general.--Paragraph (3) of section 162(m) of such
Code is amended--
(A) in subparagraph (A), by striking ``as of the
close of the taxable year, such employee is the chief
executive officer of the taxpayer or is'' and inserting
``such employee is the chief executive officer or the
chief financial officer of the taxpayer at any time
during the taxable year, or was'',
(B) in subparagraph (B) by striking ``(other than
the chief executive officer)'' and inserting ``(other
than any individual described in subparagraph (A))'',
and
(C) by striking ``or'' at the end of subparagraph
(A), by striking the period at the end of subparagraph
(B) and inserting ``, or'', and by adding at the end
the following:
``(C) was a covered employee of the taxpayer (or
any predecessor) for any preceding taxable year
beginning after December 31, 2014.''.
(2) Technical amendment.--Section 162(m)(3)(B) of such Code
is amended by striking ``4 highest'' and inserting ``3
highest''.
(c) Applicable Employee Remuneration Paid to Beneficiaries, etc.--
Paragraph (4) of section 162(m) of such Code is amended by adding at
the end the following new subparagraph:
``(H) Special rule for remuneration paid to
beneficiaries, etc.--Remuneration shall not fail to be
applicable employee remuneration merely because it is
includible in the income of, or paid to, a person other
than the covered employee, including after the death of
the covered employee.''.
(d) Expansion of Applicable Employer To Include Non-Listed Public
Companies.--Paragraph (2) of section 162(m) of such Code is amended to
read as follows:
``(2) Publicly held corporation.--For purposes of this
subsection, the term `publicly held corporation' means any
corporation which is an issuer (as defined in section 3 of the
Securities Exchange Act of 1934)--
``(A) that has a class of securities registered
under section 12 of such Act, or
``(B) that is required to file reports under
section 15(d) of such Act.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | CEO-Employee Pay Fairness Act of 2014 - Amends the Internal Revenue Code to deny a publicly held corporation a tax deduction for the payment of performance-based remuneration in excess of $1 million to any of its current or former officers or directors if such corporation does not meet the pay fairness requirement established by this Act. Deems the pay fairness requirement to be satisfied if: (1) the average compensation paid by the employer for all applicable U.S. employees for the taxable year exceeds the inflation and productivity growth adjusted average (i.e., $115,000 in 2014) of such compensation for the preceding taxable year; and (2) the aggregate compensation paid by the employer to or for all applicable employees for the taxable year is not less than the aggregate of such compensation for the preceding taxable year. | {"src": "billsum_train", "title": "CEO-Employee Pay Fairness Act of 2014"} | 1,748 | 233 | 0.643719 | 1.924102 | 0.779903 | 3 | 10.482759 | 0.834483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Infrastructure
Act''.
SEC. 2. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 7, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 6
for such construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which such application is denied;
or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 7 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Natural gas act.--Nothing in this section or section 7
shall affect the requirement to obtain approval or
authorization under sections 3 and 7 of the Natural Gas Act for
the siting, construction, or operation of any facility to
import or export natural gas.
(3) Energy policy and conservation act.--Nothing in this
section or section 7 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended
by adding at the end the following: ``No order is required under
subsection (a) to authorize the export or import of any natural gas to
or from Canada or Mexico.''.
SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e) of the
Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under Executive
Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
U.S.C. 301 note), section 301 of title 3, United States Code, Executive
Order No. 12038, Executive Order No. 10485, or any other Executive
order shall be necessary for the construction, connection, operation,
or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 7. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 3, or permit described in
section 6, shall be required for a modification to the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 3.
SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 3 through 7, and the amendments made
by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 3(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
3; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 3.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, volume expansion, downstream or
upstream interconnection, or adjustment to maintain flow (such
as a reduction or increase in the number of pump or compressor
stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
Passed the House of Representatives June 24, 2014.
Attest:
KAREN L. HAAS,
Clerk. | North American Energy Infrastructure Act - (Sec. 3) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment. Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first. Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas, and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA). (Sec. 4) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico. (Sec. 5) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC. (Sec. 6) Declares that no Presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. (Sec. 7) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of this Act; (2) for which a permit for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued. (Sec. 8) Sets forth deadlines for rulemaking. | {"src": "billsum_train", "title": "North American Energy Infrastructure Act"} | 2,054 | 669 | 0.772323 | 2.545618 | 0.797393 | 5.13128 | 3.047002 | 0.930308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans of World War II
Congressional Gold Medal Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The First Philippine Republic was founded as a result
of the Spanish-American War in which Filipino revolutionaries
and the United States Armed Forces fought to overthrow Spanish
colonial rule. On June 12, 1898, Filipinos declared the
Philippines to be an independent and sovereign nation. The
Treaty of Paris negotiated between the United States and Spain
ignored this declaration of independence, and the United States
paid Spain $20,000,000 to cede control of the Philippines to
the United States. Filipino nationalists who sought
independence rather than a change in colonial rulers clashed
with forces of the United States in the Islands. The
Philippine-American War, which officially lasted for 3 years
from 1899 to 1902, led to the establishment of the United
States civil government in the Philippines.
(2) In 1901, units of Filipino soldiers who fought for the
United States against the nationalist insurrection were
formally incorporated into the United States Army as the
Philippine Scouts.
(3) In 1934, the Philippine Independence Act (Public Law
73-127; 48 Stat. 456) established a timetable for ending
colonial rule of the United States. Between 1934 and Philippine
independence in 1946, the United States retained sovereignty
over Philippine foreign policy and reserved the right to call
Filipinos into the service of the United States Armed Forces.
(4) On December 21 1935, President of the Philippine
Commonwealth, Manuel Quezon, signed the National Defense Act,
passed by the Philippine Assembly. General Douglas MacArthur
set upon the task of creating an independent army in the
Philippines, consisting of a small regular force, the
Philippine Constabulary, a police force created during the
colonial period of the United States, and reservists. By July
1941, the Philippine army had 130,000 reservists and 6,000
officers.
(5) On July 26, 1941, as tensions with Japan rose in the
Pacific, President Franklin D. Roosevelt used his authority
vested in the Constitution of the United States and the
Philippine Independence Act to ``call into service of the
United States . . . all of the organized military forces of the
Government of the Philippines.'' On July 27th, 1941, in
accordance with a War Department directive received a day
earlier, the United States Forces in the Far East (USAFFE) was
established, and Manila was designated as the command
headquarters. Commander of the USAFFE, General Douglas
MacArthur, planned to absorb the entire Philippine army into
the USAFFE in phases. The first phase, which began on September
1, 1941, included 25,000 men and 4,000 officers.
(6) Filipinos who served in the USAFFE included--
(A) the Philippine Scouts, who comprised half of
the 22,532 soldiers in the Philippine Department, or
United States Army garrison stationed in the Islands at
the start of the war;
(B) the Philippine Commonwealth Army;
(C) the new Philippine Scouts, or Filipinos who
volunteered to serve with the United States Army when
the United States Armed Forces returned to the island;
(D) Filipino civilians who volunteered to serve in
the United States Armed Forces in 1945 and 1946, and
who became ``attached'' to various units of the United
States Army; and
(E) the ``Guerrilla Services'' who had fought
behind enemy lines throughout the war.
(7) Even after hostilities ceased, wartime service of the
new Philippine Scouts continued as a matter of law until the
end of 1946, and the force gradually disbanded until it was
disestablished in 1950.
(8) On December 8th, 1941, not even 24 hours after the
bombing of Pearl Harbor, Japanese Imperial forces attacked
bases of the United States Army in the Philippines.
(9) In the spring of 1942, the Japanese 14th Army overran
the Bataan Peninsula, and, after a heroic but futile defense,
more than 78,000 members of the United States Armed Forces were
captured, specifically 66,000 Filipinos and 12,000 service
members from the United States. The Japanese transferred the
captured soldiers from Bataan to Camp O'Donnell, in what is now
known as the infamous Bataan Death March. Forced to march the
70-mile distance in 1 week, without adequate food, water, or
medicine, nearly 700 members of the United States Armed Forces
and an estimated 6,000 to 10,000 Filipinos perished during the
journey.
(10) After the fall of the Bataan Peninsula, the Japanese
Army turned its sights on Corregidor. The estimated forces in
defense of Corregidor totaled 13,000, and were comprised of
members of the United States Armed Forces and Filipino troops.
Of this number, 800 were killed, 1,000 were wounded, and 11,000
were captured and forced to march through the city of Manila,
after which the captured troops were distributed to various POW
camps. The rest of the captured troops escaped to organize or
join an underground guerrilla army.
(11) Even before the fall of Corregidor, Philippine
resistance, in the form of guerrilla armies, began to wage
warfare on the Japanese invaders. Guerrilla armies, from
Northern Luzon to Mindanao--
(A) raided Japanese camps, stealing weapons and
supplies;
(B) sabotaged and ambushed Japanese troops on the
move; and
(C) with little weaponry, and severely outmatched
in numbers, began to extract victories.
(12) Japanese intelligence reports reveal that from the
time the Japanese invaded until the return of the United States
Armed Forces in the summer of 1944, an estimated 300,000
Filipinos continued to fight against Japanese forces. Filipino
resistance against the Japanese was so strong that, in 1942,
the Imperial Army formed the Morista Butai, a unit designated
to suppress guerrillas.
(13) Because Philippine guerrillas worked to restore
communication with United States forces in the Pacific, General
MacArthur was able to use the guerrillas in advance of a
conventional operation and provided the headquarters of General
MacArthur with valuable information. Guerrillas captured and
transmitted to the headquarters of General MacArthur Japanese
naval plans for the Central Pacific, including defense plans
for the Mariana Islands. Intelligence derived from guerrillas
relating to aircraft, ship, and troop movements allowed for
Allied forces to attack Japanese supply lines and guerrillas
and even directed United States submarines where to land agents
and cargo on the Philippine coast.
(14) On December 20, 1941, President Roosevelt signed the
Selective Training and Service Amendments Act (Public Law 77-
360; 55 Stat. 844) which, among other things, allowed Filipinos
in the United States to enlist in the United States Armed
Forces. In February 1942, President Roosevelt issued the Second
War Powers Act (Public Law 77-507; 56 Stat. 176), promising a
simplified naturalization process for Filipinos who served in
the United States Armed Forces. Subsequently, 16,000 Filipinos
in California alone decided to enlist.
(15) The mobilization of forces included the activation and
assumption of command of the First Filipino Infantry Battalion
on April 1, 1942, at Camp San Luis Obispo, California. Orders
were issued to activate the First Filipino Infantry Regiment
and Band at Salinas, California, effective July 13, 1942. The
activation of the Second Filipino Infantry Regiment occurred at
Fort Ord, California, on November 21, 1942. Nearly 9,000
Filipinos and Filipino Americans fought in the United States
Army 1st and 2nd Filipino Infantry Regiments.
(16) Soldiers of the 1st and 2nd Infantry Regiments
participated in the bloody combat and mop-up operations at New
Guinea, Leyte, Samar, Luzon, and the Southern Philippines. In
1943, 800 men were selected from the 1st and 2nd Regiments and
shipped to Australia to receive training in intelligence
gathering, sabotage, and demolition. Reorganized as part of the
1st Reconnaissance Battalion, this group was sent to the
Philippines to coordinate with major guerrilla armies in the
Islands. Members of the 1st Regiment were also attached to the
United States 6th Army ``Alamo Scouts'', a reconnaissance group
that traveled 30 miles behind enemy lines to free Allied
prisoners from the Cabanatuan death camp on January 30, 1945.
In addition, in 1945, according to the 441st Counter
Intelligence Unit of the United States Armed Forces, Philippine
guerrillas provided ``very important information and sketches
of enemy positions and installations'' for the liberation of
the Santo Tomas prisoner of war camp, an event that made front
page news across the United States.
(17) In March 1944, members of the 2nd Filipino Infantry
Regiment were selected for special assignments, including
intelligence missions, and reorganized as the 2nd Filipino
Infantry Battalion (Separate). The 2nd Filipino Infantry
Battalion contributed to mop-up operations as a civil affairs
unit.
(18) Filipinos participated in the war out of national
pride, as well as out of a commitment to the Allied forces
struggle against fascism. 57,000 Filipinos in uniform died in
the war effort. Estimates of civilian deaths range from 700,000
to upwards of 1,000,000, or between 4.38 to 6.25 percent of the
prewar population of 16,000,000.
(19) Because Filipinos who served in the Commonwealth Army
of the Philippines were originally considered a part of the
Allied struggle, the military order issued by President
Roosevelt on July 26, 1941, stated that Filipinos who served in
the Commonwealth Army of the Philippines were entitled to full
veterans benefits. The guarantee to pay back the service of
Filipinos through veterans benefits was reversed by the
Rescission Acts of 1946 (Public Laws 79-301 and 79-391; 60
Stat. 6 and 60 Stat. 221), which deemed that the wartime
service of the Commonwealth Army of the Philippines and the new
Philippine Scouts was not considered active and, therefore, did
not qualify for benefits.
(20) The loyal and valiant Filipino Veterans of World War
II fought, suffered, and, in many instances, died in the same
manner and under the same commander as other members of the
United States Armed Forces during World War II.
(21) The Filipino Veterans of World War II who have fought
alongside, and as an integral part of, the United States Armed
Forces. The Philippines remained a territory of the United
States for the duration of the war and, accordingly, the United
States maintained sovereignty over Philippine foreign
relations, including Philippine laws enacted by the Philippine
Government. Filipinos who fought in the Philippines were not
only defending or fighting for the Philippines, but also
defending and ultimately liberating sovereign territory held by
the United States Government.
(22) The United States remains forever indebted to the
bravery, valor, and dedication that the Filipino Veterans of
World War II displayed. Their commitment and sacrifice
demonstrates a highly uncommon and commendable sense of
patriotism and honor.
SEC. 3. DEFINITIONS.
In this Act--
(a) the term ``Filipino Veterans of World War II'' includes any
individual who served--
(1) honorably at any time during the period beginning on
July 26, 1941, and ending on December 31, 1946;
(2) in an active-duty status under the command of the
United States Armed Forces in the Far East; and
(3)(A) within the Philippine Commonwealth Army, the
Philippine Scouts, the Philippine Constabulary, Recognized
Guerrilla units, the New Philippine Scouts, the First Filipino
Infantry Regiment, the Second Filipino Infantry Battalion
(Separate), or the First Reconnaissance Battalion; or
(B) commanding or serving in a unit described in paragraph
(3)(A) as a United States military officer or enlisted soldier;
and
(b) the term ``Secretary'' means the Secretary of the Treasury.
SEC. 4. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of Congress, of a single gold
medal of appropriate design to the Filipino Veterans of World War II in
recognition of the dedicated service of the veterans during World War
II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary shall strike the Gold Medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Filipino Veterans of World War II, the gold medal
shall be given to the Smithsonian Institution, where it will be
available for display as appropriate and made available for
research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Filipino Veterans of World War II.
(d) Duplicate Medals.--
(1) In general.--Under regulations that the Secretary may
promulgate, the Secretary may strike and sell duplicates in
bronze of the gold medal struck under this Act, at a price
sufficient to cover the costs of the medals, including labor,
materials, dies, use of machinery, and overhead expenses.
(2) Sale of duplicate medals.--The amounts received from
the sale of duplicate medals under paragraph (1) shall be
deposited in the United States Mint Public Enterprise Fund.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Filipino Veterans of World War II Congressional Gold Medal Act of 2015 Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a single Congressional Gold Medal to the Filipino Veterans of World War II in recognition of their dedicated service during World War II. Requires that the medal, following its award, be given to the Smithsonian Institution where it will be available for research and for display at other appropriate locations associated with such veterans. | {"src": "billsum_train", "title": "Filipino Veterans of World War II Congressional Gold Medal Act of 2015"} | 3,110 | 108 | 0.397314 | 1.020522 | 0.384549 | 4.552083 | 29.395833 | 0.947917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing U.S.-India Defense
Cooperation Act''.
SEC. 2. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA.
(a) Findings.--Congress finds the following:
(1) The United States and India face mutual security
threats and a robust defense partnership is in the interest of
both countries.
(2) The relationship between the United States and India
has developed over the past decade to become a multifaceted,
major strategic partnership rooted in shared democratic values
and the promotion of mutual prosperity, greater economic
cooperation, regional peace, security, and stability.
(3) In 2012, the Department of Defense began an initiative
to increase senior-level oversight and engagement on defense
cooperation between the United States and India, which is
referred to as the U.S.-India Defense Technology and Trade
Initiative (DTTI).
(4) On June 3, 2015, the Government of the United States
and the Government of India entered into an executive agreement
entitled ``Framework for the U.S.-India Defense Relationship'',
which renewed and updated the previous defense framework
agreement between the United States and India, executed on June
28, 2005.
(5) Consistent with the Framework for the U.S.-India
Defense Relationship and the goals of the DTTI, it is in the
interest of United States national security to improve defense
cooperation and the alignment of systems with India, achieve
greater interaction between the armed forces of both countries,
increase the flow of technology and investment, develop
capabilities and partnerships in co-development and co-
production, and strengthen two-way defense trade.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States-India defense partnership is vital to
regional and international stability and security;
(2) the interest of United States national security can be
improved by further advancing the goals of the Framework for
the U.S.-India Defense Relationship and the effective operation
of the DTTI; and
(3) the President's commitment to enhancing defense and
security cooperation with India should be considered a priority
with respect to advancing United States interests in the South
Asia and greater Indo-Pacific regions.
(c) Required Actions.--The President should take action to--
(1) formalize India's status as a major partner of the
United States;
(2) designate an official with experience in defense
acquisition and technology to reinforce and ensure, through
interagency policy coordination, the success of the Framework
for the U.S.-India Defense Relationship;
(3) approve and facilitate the transfer of advanced
technology in the context of, and in order to satisfy, combined
military planning with the Indian military for missions such as
humanitarian assistance and disaster relief, counter piracy,
and maritime domain awareness;
(4) strengthen the effectiveness of the DTTI and the
durability of the Department of Defense's ``India Rapid
Reaction Cell'';
(5) resolve issues impeding United States-India defense
trade, security cooperation, and co-production and co-
development opportunities;
(6) collaborate with the Government of India to develop
mutually agreeable mechanisms to verify the security of defense
technology information and equipment, such as tailored cyber
security and end use monitoring arrangements;
(7) promote policies that will encourage the efficient
review and authorization of defense sales and exports to India,
including the treatment of military sales and export
authorizations to India in a manner similar to that of the
closest defense partners of the United States;
(8) pursue greater government-to-government and commercial
military transactions between the United States and India; and
(9) support the development and alignment of India's export
control and procurement regimes with those of the United States
and multilateral control regimes.
(d) Military Contingency Plans.--The President is encouraged to
coordinate with India on an annual basis to develop military
contingency plans for addressing threats to mutual security interests
of both countries.
(e) Assessment Required.--
(1) In general.--The President shall, on an annual basis,
carry out an assessment of the extent to which India possesses
capabilities to execute military operations of mutual interest
between the United States and India.
(2) Use of assessment.--The President shall ensure that the
assessment described in paragraph (1) is used to inform the
review by the United States of applications to export defense
articles, defense services, or technical data under the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
(3) Form.--The assessment described in paragraph (1) shall,
to the maximum extent practicable, be in classified form.
(f) Foreign Military Sales and Export Status Under Arms Export
Control Act.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is
amended--
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5),
36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(c)(5),
36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``India,''
before ``or New Zealand'' each place it appears;
(2) in section 3(b)(2), by inserting ``the Government of
India,'' before ``or the Government of New Zealand''; and
(3) in sections 21(h)(1)(A) and 21(h)(2), by inserting
``India,'' before ``or Israel'' each place it appears. | Advancing U.S.-India Defense Cooperation Act This bill expresses the sense of Congress that: the U.S.-India defense partnership is vital to regional and international stability and security, and the President's commitment to enhancing defense and security cooperation with India should be considered a priority with respect to advancing U.S. interests in the South Asia and greater Indo-Pacific regions. The bill declares that the President should: take action to formalize India's status as a U.S. major partner; resolve issues impeding U.S.-India defense trade, security cooperation, and coproduction and chemotherapeutic opportunities; pursue greater U.S.-India government-to-government and commercial military transactions; and facilitate the transfer of advanced technology with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness. The President is encouraged to coordinate with India annually to develop military contingency plans for addressing threats to mutual security interests. The President shall: (1) annually assess the extent to which India possesses strategic operational capabilities to execute military operations of mutual interest to the United States and India; and (2) ensure that such assessment is used in reviewing applications to sell or export defense articles, defense services, or technical data. The Arms Export Control Act is amended to extend special foreign military sales status to India. | {"src": "billsum_train", "title": "Advancing U.S.-India Defense Cooperation Act"} | 1,201 | 291 | 0.667621 | 2.091098 | 0.957956 | 4.381526 | 4.417671 | 0.895582 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transition toward
Excellence, Achievement, and Mobility through Empowerment Act of 2011''
or the ``TEAM-Empowerment Act of 2011''.
(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. Individualized transition plans; transition planning and
services administrative units.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Evidence-based research has conclusively documented
that youth with significant disabilities who were educated in
inclusive settings, were exposed to work experience and career
exploration, and participated in a paid work experience while
in school had better postsecondary outcomes and higher rates of
sustainable employment.
(2) Higher rates of self-determination, in which
individuals with significant disabilities and their families
have direct control over the decisionmaking process in order to
ensure an appropriate individualized transition strategy, lead
to better outcomes.
(3) Regulations and processes allowing for flexibility in
the blending and braiding of government funds to ensure
seamless, collaborative strategies during the transition
process lead to better outcomes for individuals with
significant disabilities.
(4) Agency officials involved directly in the provision of
supports and services during a youth's transition into
adulthood and beyond must be provided additional training to
become properly prepared to adequately address the individual
transition needs of students with significant disabilities.
(b) Purposes.--The purposes of this Act are the following:
(1) Create a holistic system across multiple partners
focused on successful transition of youth with significant
disabilities into adulthood.
(2) Create a systemic focus on achieving high expectations
for all youth, through equality of opportunity, full
participation through self-determination and informed choice,
outcomes related to post-secondary options that lead to
competitive integrated employment and economic self-
sufficiency.
(3) Promote innovative strategies to foster academic,
professional, and social inclusion, and the solidification of
long-term supports and services required to ensure full
integration into the community setting.
(4) Better define and coordinate specific services related
to the effective transition of youth with significant
disabilities.
(5) Eliminate barriers and promote incentives for multiple
stakeholders to collaborate and improve transition
opportunities for youth with significant disabilities.
SEC. 3. INDIVIDUALIZED TRANSITION PLANS; TRANSITION PLANNING AND
SERVICES ADMINISTRATIVE UNITS.
Title I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at
the end the following:
``Subtitle F--Adult Transition System
``SEC. 171. DEFINITIONS.
``In this subtitle:
``(1) The term `asset development' means a strategy to
assist low-income workers and job seekers, including
individuals with disabilities, move toward economic security
and greater financial self-sufficiency through income
preservation, effective money and credit management, the
pursuit of post-secondary education, the purchase of a home,
business startup and growth, and the setting aside of resources
for longer-term needs and retirement.
``(2) The term `individualized education program' has the
meaning given such term in section 602 of the Individuals with
Disabilities Education Act.
``(3) The term `integrated employment' means work
compensated at the greater of minimum wage or competitive wages
with related employment benefits, occurring in a typical work
setting where the employee with the disability--
``(A) interacts or has the opportunity to interact
continuously with nondisabled co-workers;
``(B) has an opportunity for advancement and
mobility; and
``(C) is preferably engaged in full-time
employment.
``(4) The term `ITP' means an individual transition plan
developed under section 173.
``(5) The term `local educational agency' has the meaning
given to such term in section 9101 of the Elementary and
Secondary Education Act of 1965.
``(6) The term `secondary school' has the meaning given to
such term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(7) The term `State intellectual and developmental
disabilities agency' means the primary State agency or
subdivision with administrative, programmatic, and operational
responsibility for the full range of services and supports
furnished to individuals with intellectual and developmental
disabilities.
``(8) The term `TPS administrative unit' refers to the
transition planning and services administrative unit of a State
established in accordance with section 174.
``(9)(A) The term `transition services' means a coordinated
set of activities for a student, designed within an outcome-
oriented process, that promotes movement from school to post
school activities, including postsecondary education,
vocational training, integrated employment (including supported
employment and customized employment), continuing and adult
education, adult services, asset development services,
independent living, or community participation.
``(B) The coordinated set of activities shall be based upon
the individual student's needs, taking into account the
student's preferences and interests, and shall include
instruction, community experiences, the development of
employment and other post school adult living objectives;
school-based preparatory experiences, career preparation, and
integrated work-based learning experiences (inclusive of in-
school, after school and work experiences outside the
traditional school setting where other youth without
disabilities are engaged in similar activities); youth
development and leadership; connecting activities; training in
self-advocacy, self-determination skills, and peer mentoring;
family involvement and supports; and, when appropriate,
acquisition of daily living skills and functional vocational
evaluation.
``(C) Such term does not include the use of facility-based
employment and activity settings, such as sheltered workshops,
day habilitation centers, and enclave work settings.
Additionally, the coordinated set of activities should lead to
the attainment of at least one of the following outcomes: post-
secondary education, long-term integrated employment (including
supported employment or customized employment), asset
development, independent living, and community participation.
``SEC. 172. STATE ASSISTANCE.
``For each fiscal year, the Secretary, acting through the
Commissioner of the Administration on Developmental Disabilities,
shall--
``(1) make grants on a competitive basis to States that
agree to carry out the activities required of States under this
subtitle; and
``(2) among the States receiving grants under paragraph
(1), allocate payments pursuant to a formula that--
``(A) is established by the Secretary, acting
through the Commissioner; and
``(B) takes into consideration an estimate of the
number of individuals to be served under this subtitle
in each State.
``SEC. 173. INDIVIDUALIZED TRANSITION PLANS.
``(a) In General.--Each State that receives assistance under this
subtitle shall, with respect to each individual with a developmental
disability in the State who is making the transition from the secondary
school system into adulthood, develop, and assist in the implementation
of, an individual transition plan to coordinate transition services
intended to assist the individual in achieving the outcomes of
integrated employment, postsecondary education, independent living, and
community engagement.
``(b) Formulation.--An ITP shall be--
``(1) coordinated with any pre-existing transition services
being provided to the individual as a result of an
individualized education program developed for the individual
prior to exiting secondary school pursuant to the Individuals
with Disabilities Education Act;
``(2) developed not later than 30 days after the date on
which the individual graduates from or otherwise exits the
State's secondary school system; and
``(3) applicable through the date on which the individual
attains 26 years of age;
``(4) reviewed annually and updated as needed; and
``(5) developed during in-person meetings that--
``(A) are led by the TPS administrative unit of the
State intellectual and developmental disabilities
agency established under section 174; and
``(B) at a minimum, include the following
stakeholders: the individual, the individual's family,
a transition broker (as described in section 174), a
representative of the State vocational rehabilitation
agency, relevant service providers that are contracted
by the State or chosen by the individual and the
individual's family or guardian to provide transition
services, the transition coordinator of the local
educational agency (where available, during the first
year the individual exits the secondary school system),
assistive technology experts (as appropriate), and
representatives of the workforce development sector.
``(c) Contents.--An ITP shall include strategies for the
implementation of service models and practices with documented
effectiveness that--
``(1) address and emphasize the 5 areas of postsecondary
educational experiences, career preparation and work-based
learning experiences, development and leadership, connecting
activities, and family involvement and supports;
``(2) identify the needs of the individual in each of these
5 areas and articulate how the State and its agencies will meet
those needs; and
``(3) will advance economic self-sufficiency with specific
asset development goals and identify specific tools for
advancing economic self-sufficiency, such as favorable tax
benefits, work incentives, matched savings plans, education
financing, and effective strategies to manage a budget, money,
and credit.
``SEC. 174. TRANSITION PLANNING AND SERVICES ADMINISTRATIVE UNIT.
``(a) Establishment.--Each State that receives assistance under
this subtitle shall establish and maintain a transition planning and
services (TPS) administrative unit within the State intellectual and
developmental disabilities agency.
``(b) Responsibilities.--The primary focus of a TPS administrative
unit shall be to assist individuals with a developmental disability in
the State to make the transition from the secondary school system into
adulthood. The responsibilities of the TPS administrative unit shall
include the following:
``(1) Individual transition plan.--The TPS administrative
unit shall have responsibility for developing and assisting in
the implementation of ITPs.
``(2) Transition brokers.--
``(A) In general.--The TPS administrative unit
shall employ or otherwise secure the services of
transition brokers.
``(B) Role.--A transition broker of the TPS
administrative unit shall--
``(i) facilitate coordination among State
agencies in the development of ITPs; and
``(ii) provide assistance to individuals
with developmental disabilities, consistent
with the individual's ITP, in navigating the
complex system of supports and services
available through Federal and State programs.
``(C) Qualifications.--To be eligible to serve as a
transition broker of the TPS administrative unit, an
individual shall possess two or more of the following
qualifications:
``(i) Expertise relating to individuals
with developmental disabilities, benefits
planning, the provision of transition services,
employment and job development, and negotiating
among various State stakeholders.
``(ii) Experience with and knowledge of the
generic workforce development sector,
vocational rehabilitation, and job development.
``(iii) Knowledge and expertise in the use
of tools to advance asset development and
economic self-sufficiency, including favorable
tax benefits, work incentives, matched savings
plans, education financing, and effective
strategies to manage a budget, money, and
credit.
``(iv) Knowledge about self-direction and
person-centered planning processes.
``(D) Assignment.--A transition broker of the TPS
administrative unit shall be assigned to an individual
upon--
``(i) the individual or the individual's
family or guardian selecting the broker; and
``(ii) the State intellectual and
developmental disabilities agency approving the
selection.
``(3) Self-advocacy, self-determination skills, and peer
mentoring.--The TPS administrative unit shall offer strategies
and training to individuals with developmental disabilities and
their families regarding self-advocacy, self-determination
skills, and peer mentoring to improve the ability of such
individuals to advocate and negotiate on their own behalf.
``(4) Effective information and resources.--The TPS
administrative unit shall provide information to individuals
with developmental disabilities and their families on Federal
and State services, supports, and regulations, including with
respect to asset development, insurance and benefit programs,
financial savings tools, and asset or income limits that affect
eligibility for Federal and State means-tested services,
supports, or programs. Such information shall be easily
understood and updated on a quarterly basis each year.
``(c) Fostering Multiagency Collaboration.--The State intellectual
and developmental disabilities agency of each State that receives
assistance under this subtitle shall facilitate memoranda of
understanding among key State agencies for the purpose of coordinating
and improving the services and supports provided by such agencies to
individuals with developmental disabilities during the transition into
adulthood.
``SEC. 175. ANNUAL REPORT.
``Not later than the end of fiscal year 2012, and annually
thereafter, the Secretary shall submit a report to the Congress
containing an evaluation of the implementation and effectiveness of
this subtitle, including an evaluation of--
``(1) the number of individuals in each State who had an
ITP developed on their behalf over the past fiscal year;
``(2) progress made at the individual level in implementing
the objectives of ITPs developed since the date of enactment;
and
``(3) with respect to individuals for whom an ITP is
developed, their employment status, education status, income
level, race, gender, and current residence.
``SEC. 176. AUTHORIZATION OF APPROPRIATIONS.
``To carry out this subtitle, there is authorized to be
appropriated $50,000,000 for each of fiscal years 2012 through 2016.''. | Transition toward Excellence, Achievement, and Mobility through Empowerment Act of 2011 or the TEAM-Empowerment Act of 2011 - Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to direct the Secretary of Health and Human Services (HHS) to award competitive grants to states for the development and implementation of an individual transition plan (ITP) for each individual with a developmental disability in the state who is transitioning from secondary school into adulthood.
Requires ITPs to assist the developmentally disabled achieve integrated employment, postsecondary education, independent living, and community engagement.
Requires each grantee to establish a transition planning and services (TPS) administrative unit within its intellectual and developmental disabilities agency to develop, and assist in the implementation of, ITPs. Requires that unit to offer strategies, training, and information to the developmentally disabled and their families that facilitates their participation in the transition process.
States that ITPs are to: (1) apply until an individual's 26th birthday; (2) be reviewed annually and updated as needed; (3) be developed during in-person meetings that include the individual and his or her family; and (4) address the individual's needs in the areas of postsecondary education, career preparation and work-based learning, development and leadership, connecting activities, and family involvement and supports.
Requires the TPS administrative unit to use transition brokers to: (1) facilitate coordination among state agencies in the development of ITPs; and (2) assist the developmentally disabled, consistent with their ITPs, in navigating the complex system of supports and services available through federal and state programs. | {"src": "billsum_train", "title": "To amend the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to provide assistance to States for development and implementation of an individual transition plan for each individual with a developmental disability in the State who is making the transition from the secondary school system into adulthood, and for other purposes."} | 2,973 | 352 | 0.559418 | 1.941633 | 0.742876 | 3.867742 | 9.341935 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institution Digital
and Wireless Technology Opportunity Act of 2005''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by inserting the following after subsection
(f):
``(g) Minority Serving Institution Digital and Wireless Technology
Opportunity Program.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish a Minority Serving Institution
Digital and Wireless Technology Opportunity Program to assist
eligible institutions in acquiring, and augmenting their use
of, digital and wireless networking technologies to improve the
quality and delivery of educational services at eligible
institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation,
networking capability, hardware and software, digital
network technology, wireless technology, and
infrastructure to further the objective of the Program
described in paragraph (1);
``(B) to develop and provide training, education,
and professional development programs, including
faculty development, to increase the use of, and
usefulness of, digital and wireless networking
technology;
``(C) to provide teacher education, including the
provision of preservice teacher training and in-service
professional development at eligible institutions,
library and media specialist training, and preschool
and teacher aid certification to individuals who seek
to acquire or enhance technology skills in order to use
digital and wireless networking technology in the
classroom or instructional process, including
instruction in science, mathematics, engineering, and
technology subjects;
``(D) to obtain capacity-building technical
assistance, including through remote technical support,
technical assistance workshops, and distance learning
services; and
``(E) to foster the use of digital and wireless
networking technology to improve research and
education, including scientific, mathematics,
engineering, and technology instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a
grant, cooperative agreement, or contract under this
subsection, an eligible institution shall submit an
application to the Under Secretary at such time, in
such manner, and containing such information as the
Under Secretary may require. Such application, at a
minimum, shall include a description of how the funds
will be used, including a description of any digital
and wireless networking technology to be acquired, and
a description of how the institution will ensure that
digital and wireless networking will be made accessible
to, and employed by, students, faculty, and
administrators. The Under Secretary, consistent with
subparagraph (C) and in consultation with the advisory
council established under subparagraph (B), shall
establish procedures to review such applications. The
Under Secretary shall publish the application
requirements and review criteria in the Federal
Register, along with a statement describing the
availability of funds.
``(B) Advisory council.--The Under Secretary shall
establish an advisory council to advise the Under
Secretary on the best approaches to encourage maximum
participation by eligible institutions in the program
established under paragraph (1), and on the procedures
to review proposals submitted to the program. In
selecting the members of the advisory council, the
Under Secretary shall consult with representatives of
appropriate organizations, including representatives of
eligible institutions, to ensure that the membership of
the advisory council includes representatives of
minority businesses and eligible institution
communities. The Under Secretary shall also consult
with experts in digital and wireless networking
technology to ensure that such expertise is represented
on the advisory council.
``(C) Review panels.--Each application submitted
under this subsection by an eligible institution shall
be reviewed by a panel of individuals selected by the
Under Secretary to judge the quality and merit of the
proposal, including the extent to which the eligible
institution can effectively and successfully utilize
the proposed grant, cooperative agreement, or contract
to carry out the program described in paragraph (1).
The Under Secretary shall ensure that the review panels
include representatives of minority serving
institutions and others who are knowledgeable about
eligible institutions and technology issues. The Under
Secretary shall ensure that no individual assigned
under this subsection to review any application has a
conflict of interest with regard to that application.
The Under Secretary shall take into consideration the
recommendations of the review panel in determining
whether to award a grant, cooperative agreement, or
contract to an eligible institution.
``(D) Information dissemination.--The Under
Secretary shall convene an annual meeting of eligible
institutions receiving grants, cooperative agreements,
or contracts under this subsection to foster
collaboration and capacity-building activities among
eligible institutions.
``(E) Matching requirement.--The Under Secretary
may not award a grant, cooperative agreement, or
contract to an eligible institution under this
subsection unless such institution agrees that, with
respect to the costs incurred by the institution in
carrying out the program for which the grant,
cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the
grant, cooperative agreement, or contract awarded by
the Under Secretary, or $500,000, whichever is the
lesser amount. The Under Secretary shall waive the
matching requirement for any institution or consortium
with no endowment, or an endowment that has a current
dollar value lower than $50,000,000.
``(F) Awards.--
``(i) Limitation.--An eligible institution
that receives a grant, cooperative agreement,
or contract under this subsection that exceeds
$2,500,000 shall not be eligible to receive
another grant, cooperative agreement, or
contract.
``(ii) Consortia.--Grants, cooperative
agreements, and contracts may only be awarded
to eligible institutions. Eligible institutions
may seek funding under this subsection for
consortia which may include other eligible
institutions, a State or a State education
agency, local education agencies, institutions
of higher education, community-based
organizations, national nonprofit
organizations, or businesses, including
minority businesses.
``(iii) Planning grants.--The Under
Secretary may provide funds to develop
strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In
awarding grants, cooperative agreements, and
contracts to eligible institutions, the Under
Secretary shall ensure, to the extent
practicable, that awards are made to all types
of institutions eligible for assistance under
this subsection.
``(v) Need.--In awarding funds under this
subsection, the Under Secretary shall give
priority to the institution with the greatest
demonstrated need for assistance.
``(G) Annual report and evaluation.--
``(i) Annual report required from
recipients.--Each institution that receives a
grant, cooperative agreement, or contract
awarded under this subsection shall provide an
annual report to the Under Secretary on its use
of the grant, cooperative agreement, or
contract.
``(ii) Independent assessment.--Not later
than 6 months after the date of enactment of
this subsection, the Under Secretary shall
enter into a contract with the National Academy
of Public Administration to conduct periodic
assessments of the program. The Assessments
shall be conducted once every 3 years during
the 10-year period following the enactment of
this subsection. The assessments shall include
an evaluation of the effectiveness of the
program in improving the education and training
of students, faculty and staff at eligible
institutions that have been awarded grants,
cooperative agreements, or contracts under the
program; an evaluation of the effectiveness of
the program in improving access to, and
familiarity with, digital and wireless
networking technology for students, faculty,
and staff at all eligible institutions; an
evaluation of the procedures established under
paragraph (3)(A); and recommendations for
improving the program, including
recommendations concerning the continuing need
for Federal support. In carrying out its
assessments, the National Academy of Public
Administration shall review the reports
submitted to the Under Secretary under clause
(i).
``(iii) Report to congress.--Upon
completion of each independent assessment
carried out under clause (ii), the Under
Secretary shall transmit the assessment to
Congress along with a summary of the Under
Secretary's plans, if any, to implement the
recommendations of the National Academy of
Public Administration.
``(H) Definitions.--In this subsection:
``(i) Digital and wireless networking
technology.--The term `digital and wireless
networking technology' means computer and
communications equipment and software that
facilitates the transmission of information in
a digital format.
``(ii) Eligible institution.--The term
`eligible institution' means an institution
that is--
``(I) a historically Black college
or university that is a part B
institution, as defined in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)), an
institution described in section
326(e)(1)(A), (B), or (C) of that Act
(20 U.S.C. 1063b(e)(1)(A), (B), or
(C)), or a consortium of institutions
described in this subparagraph;
``(II) a Hispanic-serving
institution, as defined in section
502(a)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)(5));
``(III) a tribally controlled
college or university, as defined in
section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C.
1059c(b)(3));
``(IV) an Alaska Native-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b));
``(V) a Native Hawaiian-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(VI) an institution of higher
education (as defined in section 365 of
the Higher Education Act of 1965 (20
U.S.C. 1067k)) with an enrollment of
needy students (as defined in section
312(d) of the Higher Education Act of
1965 (20 U.S.C. 1058(d)).
``(iii) Institution of higher education.--
The term `institution of higher education' has
the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
``(iv) Local educational agency.--The term
`local educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term
`minority business' includes HUBZone small
business concerns (as defined in section 3(p)
of the Small Business Act (15 U.S.C. 632(p)).
``(vi) Minority individual.--The term
`minority individual' means an American Indian,
Alaskan Native, Black (not of Hispanic origin),
Hispanic (including persons of Mexican, Puerto
Rican, Cuban and Central or South American
origin), or Pacific Islander individual.
``(vii) State.--The term `State' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(viii) State educational agency.--The
term `State educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Technology
Administration of the Department of Commerce to carry out section 5(g)
of the Stevenson-Wydler Technology Innovation Act of 1980--
(1) $250,000,000 for fiscal year 2006;
(2) $250,000,000 for fiscal year 2007;
(3) $250,000,000 for fiscal year 2008;
(4) $250,000,000 for fiscal year 2009; and
(5) $250,000,000 for fiscal year 2010. | Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible educational institutions in acquiring, and augmenting use of, digital and wireless networking technologies to improve the quality and delivery of educational services at such institutions. Defines as eligible institutions: (1) historically Black colleges or universities, (2) a Hispanic-, Alaskan Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution with a sufficient enrollment of needy students as defined under the Higher Education Act of 1965. Outlines authorized assistance activities. Directs the Under Secretary of Commerce for Technology to: (1) establish an advisory council to advise on the best approaches toward maximum Program participation by eligible institutions; and (2) ensure that grant awards are made to all types of eligible institutions.
Provides a matching funds requirement. Limits grant awards to $2.5 million per institution. Requires: (1) each grant recipient to report annually to the Under Secretary on grant uses; (2) the National Academy of Public Administration to conduct periodic assessments (every three years) of the grant program; and (3) the Under Secretary to transmit such assessments to Congress, along with plans to implement any recommendations of the Academy.
Authorizes appropriations for FY2006-FY2010. | {"src": "billsum_train", "title": "To establish a digital and wireless network technology program, and for other purposes."} | 2,589 | 301 | 0.630381 | 1.922214 | 0.770303 | 3.243728 | 8.928315 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Calling Card Consumer Protection
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``Commission'' means the Federal Trade
Commission.
(2) The term ``prepaid calling card'' has the meaning given
the term ``prepaid calling card'' by section 64.5000(a) of the
Federal Communications Commission's regulations (47 C.F.R.
64.5000(a)). Such term shall also include calling cards that
use VoIP service or a successor protocol. Such term shall also
include an electronic or other mechanism that allows users to
pay in advance for a specified amount of calling. Such term
shall not include--
(A) calling cards or other rights of use that are
provided for free or at no additional cost as a
promotional item accompanying a product or service
purchased by a consumer;
(B) any card, device, or other right of use, the
purchase of which establishes a customer-carrier
relationship with a provider of wireless
telecommunications service or wireless hybrid service,
or that provides access to a wireless
telecommunications service or wireless hybrid service
account wherein the purchaser has a pre-existing
relationship with the wireless service provider; or
(C) payphone service, as that term is defined in
section 276(d) of the Communications Act of 1934 (47
U.S.C. 276(d)).
(3) The term ``prepaid calling card provider'' has the
meaning given the term ``prepaid calling card provider'' by
section 64.5000(b) of the Federal Communications Commission's
regulations (47 C.F.R. 64.5000(b)). Such term shall also
include--
(A) a provider of a prepaid calling card that uses
VoIP service or a successor protocol; and
(B) a provider of a prepaid calling card that
allows users to pay in advance for a specified amount
of minutes through an electronic or other mechanism.
(4) The term ``prepaid calling card distributor'' means any
entity or person that purchases prepaid calling cards from a
prepaid calling card provider or another prepaid calling card
distributor and sells, re-sells, issues, or distributes such
cards to one or more distributors of such cards or to one or
more retail sellers of such cards.
(5) The term ``wireless hybrid service'' is defined as a
service that integrates both commercial mobile radio service
(as defined by section 20.3 of the Federal Communications
Commission's regulations (47 C.F.R. 20.3)) and VoIP service.
(6) The term ``VoIP service'' has the meaning given the
term ``interconnected Voice over Internet protocol service'' by
section 9.3 of the Federal Communications Commission's
regulations (47 C.F.R. 9.3). Such term shall include any voice
calling service that utilizes a voice over Internet protocol or
any successor protocol in the transmission of the call.
(7) The term ``fees'' includes all charges, fees, taxes, or
surcharges applicable to a prepaid calling card that are--
(A) required by Federal law or regulation or order
of the Federal Communications Commission or by the laws
and regulations of any State or political subdivision
of a State; or
(B) expressly permitted to be assessed under
Federal law or regulation or order of the Federal
Communications Commission or under the laws and
regulations of any State or political subdivision of a
State.
(8) The term ``additional charge'' means any charge
assessed by a prepaid calling card provider or prepaid calling
card distributor for the use of a prepaid calling card, other
than a fee or rate.
(9) The term ``international preferred destination'' means
one or more specific international destinations named on a
prepaid calling card or on the packaging material accompanying
a prepaid calling card.
SEC. 3. REQUIRED DISCLOSURES OF PREPAID CALLING CARDS.
(a) Required Disclosure.--Any prepaid calling card provider or
prepaid calling card distributor shall disclose clearly and
conspicuously the following information relating to the terms and
conditions of the prepaid calling card:
(1) The name of the prepaid calling card provider and such
provider's customer service telephone number and hours of
service.
(2)(A) The number of domestic interstate minutes available
from the prepaid calling card and the number of available
minutes for all international preferred destinations served by
the prepaid calling card at the time of purchase; or
(B) the dollar value of the prepaid calling card, the
domestic interstate rate per minute provided by such card, and
the applicable per minute rates for all international preferred
destinations served by the prepaid calling card at the time of
purchase.
(3)(A) The applicable per minute rate for all individual
international destinations served by the card at the time of
purchase; or
(B) a toll-free customer service number and website (if the
provider maintains a website) where a consumer may obtain the
information described in subparagraph (A) and a statement that
such information may be obtained through such toll-free
customer service number and website.
(4) The following terms and conditions pertaining to, or
associated with, the use of the prepaid calling card:
(A) Any applicable fees associated with the use of
the prepaid calling card.
(B) A description of any additional charges
associated with the use of the prepaid calling card and
the amount of such charges.
(C) Any limitation on the use or period of time for
which the promoted or advertised minutes or rates will
be available.
(D) Applicable policies relating to refund,
recharge, and any predetermined decrease in value of
such card over a period of time.
(E) Any expiration date applicable to the prepaid
calling card or the minutes available with such calling
card.
(b) Location of Disclosure and Language Requirement.--
(1) Clear and conspicuous.--
(A) Cards.--The disclosures required under
subsection (a) shall be printed in plain English
language (except as provided in paragraph (2)) in a
clear and conspicuous manner and location on the
prepaid calling card. If the card is enclosed in
packaging that obscures the disclosures on the card,
such disclosures also shall be printed on the outside
packaging of the card.
(B) Online services.--In addition to the
requirements under subparagraph (A), in the case of a
prepaid calling card that consumers purchase via the
Internet, the disclosures required under subsection (a)
shall be displayed in plain English language (except as
provided in paragraph (2)) in a clear and conspicuous
manner and location on the Internet website that the
consumer must access prior to purchasing such card.
(C) Advertising and other promotional material.--
Any advertising for a prepaid calling card that
contains any representation, expressly or by
implication, regarding the dollar value, the per minute
rate, or the number of minutes provided by the card
shall include in a clear and conspicuous manner and
location all the disclosures described in subsection
(a).
(2) Foreign languages.--If a language other than English is
prominently used on a prepaid calling card, its packaging, or
in point-of-sale advertising, Internet advertising, or
promotional material for such card, the disclosures required by
this section shall be disclosed in that language on such card,
packaging, advertisement, or promotional material.
(c) Minutes Announced, Promoted, or Advertised Through Voice
Prompts.--Any information provided to a consumer by any voice prompt
given to the consumer at the time the consumer uses the prepaid calling
card relating to the remaining value of the calling card or the number
of minutes available from the calling card shall be accurate, taking
into account the application of the fees and additional charges
required to be disclosed under subsection (a).
(d) Disclosures Required Upon Purchase of Additional Minutes.--If a
prepaid calling card permits a consumer to add value to the card or
purchase additional minutes after the original purchase of the prepaid
calling card, any changes to the rates or additional charges required
to be disclosed under subsection (a) shall apply only to the additional
minutes to be purchased and shall be disclosed to the consumer before
the completion of such purchase.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair and Deceptive Act or Practice.--A violation of section 3
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Authority of the Commission.--The Commission shall enforce this
Act in the same manner and by the same means as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act. Notwithstanding any
provision of the Federal Trade Commission Act or any other provision of
law and solely for purposes of this Act, common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et seq.) and any amendment
thereto shall be subject to the jurisdiction of the Commission.
(c) Rulemaking Authority.--Not later than 180 days after the date
of enactment of this Act, the Commission shall, in consultation with
the Federal Communications Commission and in accordance with section
553 of title 5, United States Code, issue regulations to carry out this
Act. In promulgating such regulations, the Commission shall--
(1) take into consideration the need for clear disclosures
that provide for easy comprehension and comparison by
consumers, taking into account the size of prepaid calling
cards; and
(2) give due consideration to the views of the Federal
Communications Commission with regard to matters for which that
Commission has particular expertise and authority and shall
take into consideration the views of States.
In promulgating such regulations, the Commission shall not issue
regulations that otherwise affect the rates, terms, and conditions of
prepaid calling cards.
(d) Savings Provision.--Nothing in this Act shall be construed to
limit the authority of the Commission under any other provision of law.
Except to the extent expressly provided in this Act, nothing in this
Act shall be construed to alter or affect the exemption for common
carriers provided by section 5(a)(2) of the Federal Trade Commission
Act (15 U.S.C. 45(a)(2)). Nothing in this Act is intended to limit the
authority of the Federal Communications Commission.
SEC. 5. STATE ENFORCEMENT.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State, a State utility commission, or other
consumer protection agency has reason to believe that an
interest of the residents of that State has been or is
threatened or adversely affected by the engagement of any
person in a practice that is prohibited under this Act, the
State utility commission or other consumer protection agency,
if authorized by State law, or the State, as parens patriae,
may bring a civil action on behalf of the residents of that
State in a district court of the United States of appropriate
jurisdiction, or any other court of competent jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice to the commission.--
(A) In general.--Before filing an action under
paragraph (1), the State shall provide to the
Commission--
(i) written notice of the action; and
(ii) a copy of the complaint for the
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by a State under this subsection, if the
attorney general or other appropriate officer
determines that it is not feasible to provide
the notice described in that subparagraph
before the filing of the action.
(ii) Notification.--In an action described
in clause (i), the State shall provide notice
and a copy of the complaint to the Commission
at the same time as the State files the action.
(b) Intervention by Commission.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action;
(B) to remove the action to the appropriate United
States District Court; and
(C) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall be construed to prevent
an attorney general of a State, a State utility commission, or other
consumer protection agency authorized by State law from exercising the
powers conferred on the attorney general or other appropriate official
by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations;
(3) compel the attendance of witnesses or the production of
documentary and other evidence; or
(4) enforce any State law.
(d) Action by the Commission May Preclude State Action.--In any
case in which an action is instituted by or on behalf of the Commission
for violation of this Act, or any regulation issued under this Act, no
State may, during the pendency of that action, institute an action
under subsection (a) against any defendant named in the complaint in
that action for violation of this Act or regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
(f) Limitation.--No prepaid calling card distributor who is a
retail merchant or seller of prepaid calling cards, who, with respect
to such cards, is exclusively engaged in point-of-sale transactions may
be liable for damages in an action authorized under this section unless
such distributor acted with actual knowledge that the act or practice
giving rise to such action is unfair or deceptive and is unlawful under
this Act.
SEC. 6. APPLICATION.
This Act shall apply to--
(1) any prepaid calling card issued or placed into the
stream of commerce beginning 90 days after the date on which
final regulations are promulgated pursuant to section 4(c); and
(2) any advertising, promotion, point-of-sale material or
voice prompt regarding a prepaid calling card that is
disseminated beginning 90 days after the date on which final
regulations are promulgated pursuant to section 4(c).
If the Commission determines that it is not feasible for prepaid
calling card providers or distributors to comply with the requirements
of this Act with respect to prepaid calling cards issued or placed into
the stream of commerce after such 90-day period, the Commission may
extend such period by not more than an additional 90 days.
SEC. 7. EFFECT ON STATE LAWS.
After the date on which final regulations are promulgated pursuant
to section 4(c), no State or political subdivision of a State may
establish or continue in effect any provision of law that prescribes
disclosure requirements with respect to prepaid calling cards unless
such requirements are identical to the requirements of section 3.
SEC. 8. G.A.O. STUDY.
Beginning 2 years after the date on which final regulations are
promulgated pursuant to section 4(c), the Comptroller General shall
conduct a study of the effectiveness of this Act and the disclosures
required under this Act and shall submit a report of such study to
Congress not later than 3 years after the date of enactment of this
Act.
Passed the House of Representatives September 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Calling Card Consumer Protection Act - (Sec. 3) Requires providers or distributors of prepaid calling cards, including cards that use interconnected Voice over Internet Protocol (VoIP) or a successor protocol, to clearly and conspicuously disclose information about: (1) the provider's name, customer service number, and hours of service; (2) the card's number of minutes or dollar value; (3) per minute rates or a toll-free number to obtain rates; (4) fees and charges; (5) time period limits, any predetermined decrease in value over a period of time, and expiration dates; and (6) refund and recharge policies.
(Sec. 4) Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act. Gives the FTC, for this Act, jurisdiction over common carriers subject to the Communications Act of 1934, notwithstanding any other provision of law.
(Sec. 5) Allows civil enforcement actions to be brought, except when an FTC action is pending, by a state attorney general, a state utilities commission, or a consumer protection agency for an injunction, to enforce this Act, to obtain damages, restitution, or other compensation on behalf of state residents, or for other relief. Allows actions under state laws.
Shields a distributor who is a retail seller of prepaid cards and who, with respect to such cards, is exclusively engaged in point-of-sale transactions from liability for damages unless the distributor acted with actual knowledge that the act or practice giving rise to the action is unfair or deceptive and is unlawful under this Act.
(Sec. 7) Prohibits a state, after final regulations are promulgated under this Act, from establishing or continuing in effect any provision of law that prescribes prepaid card disclosure requirements unless those requirements are identical to those in this Act.
(Sec. 8) Requires the Comptroller General to report to Congress on the effectiveness of this Act and its required disclosures. | {"src": "billsum_train", "title": "To require accurate and reasonable disclosure of the terms and conditions of prepaid telephone calling cards and services."} | 3,560 | 467 | 0.568421 | 1.936258 | 0.643273 | 3.263158 | 8.33584 | 0.937343 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mining Jobs Protection Act''.
SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended by striking subsection (c) and inserting the
following:
``(c) Authority of Administrator To Disapprove Specifications.--
``(1) In general.--The Administrator, in accordance with
this subsection, may prohibit the specification of any defined
area as a disposal site, and may deny or restrict the use of
any defined area for specification as a disposal site, in any
case in which the Administrator determines, after notice and
opportunity for public hearings and consultation with the
Secretary, that the discharge of those materials into the area
will have an unacceptable adverse effect on--
``(A) municipal water supplies;
``(B) shellfish beds and fishery areas (including
spawning and breeding areas);
``(C) wildlife; or
``(D) recreational areas.
``(2) Deadline for action.--
``(A) In general.--The Administrator shall--
``(i) not later than 30 days after the date
on which the Administrator receives from the
Secretary for review a specification proposed
to be issued under subsection (a), provide
notice to the Secretary of, and publish in the
Federal Register, a description of any
potential concerns of the Administrator with
respect to the specification, including a list
of measures required to fully address those
concerns; and
``(ii) if the Administrator intends to
disapprove a specification, not later than 60
days after the date on which the Administrator
receives a proposed specification under
subsection (a) from the Secretary, provide to
the Secretary and the applicant, and publish in
the Federal Register, a statement of
disapproval of the specification pursuant to
this subsection, including the reasons for the
disapproval.
``(B) Failure to act.--If the Administrator fails
to take any action or meet any deadline described in
subparagraph (A) with respect to a proposed
specification, the Administrator shall have no further
authority under this subsection to disapprove or
prohibit issuance of the specification.
``(3) No retroactive disapproval.--
``(A) In general.--The authority of the
Administrator to disapprove or prohibit issuance of a
specification under this subsection--
``(i) terminates as of the date that is 60
days after the date on which the Administrator
receives the proposed specification from the
Secretary for review; and
``(ii) shall not be used with respect to
any specification after issuance of the
specification by the Secretary under subsection
(a).
``(B) Specifications disapproved before date of
enactment.--In any case in which, before the date of
enactment of this subparagraph, the Administrator
disapproved a specification under this subsection (as
in effect on the day before the date of enactment of
the Mining Jobs Protection Act) after the specification
was issued by the Secretary pursuant to subsection
(a)--
``(i) the Secretary may--
``(I) reevaluate and reissue the
specification after making appropriate
modifications; or
``(II) elect not to reissue the
specification; and
``(ii) the Administrator shall have no
further authority to disapprove the modified
specification or any reissuance of the
specification.
``(C) Finality.--An election by the Secretary under
subparagraph (B)(i) shall constitute final agency
action.
``(4) Applicability.--Except as provided in paragraph (3),
this subsection applies to each specification proposed to be
issued under subsection (a) that is pending as of, or requested
or filed on or after, the date of enactment of the Mining Jobs
Protection Act''.
SEC. 3. REVIEW OF PERMITS.
Section 404(q) of the Federal Water Pollution Control Act (33
U.S.C. 1344(q)) is amended--
(1) in the first sentence, by striking ``(q) Not later
than'' and inserting the following:
``(q) Agreements; Higher Review of Permits.--
``(1) Agreements.--
``(A) In general.--Not later than'';
(2) in the second sentence, by striking ``Such agreements''
and inserting the following:
``(B) Deadline.--Agreements described in
subparagraph (A)''; and
(3) by adding at the end the following:
``(2) Higher review of permits.--
``(A) In general.--Subject to subparagraph (C),
before the Administrator or the head of another Federal
agency requests that a permit proposed to be issued
under this section receive a higher level of review by
the Secretary, the Administrator or other head shall--
``(i) consult with the head of the State
agency having jurisdiction over aquatic
resources in each State in which activities
under the requested permit would be carried
out; and
``(ii) obtain official consent from the
State agency (or, in the case of multiple
States in which activities under the requested
permit would be carried out, from each State
agency) to designate areas covered or affected
by the proposed permit as aquatic resources of
national importance.
``(B) Failure to obtain consent.--If the
Administrator or the head of another Federal agency
does not obtain State consent described in subparagraph
(A) with respect to a permit proposed to be issued
under this section, the Administrator or Federal agency
may not proceed in seeking higher review of the permit.
``(C) Limitation on elevations.--The Administrator
or the head of another Federal agency may request that
a permit proposed to be issued under this section
receive a higher level of review by the Secretary not
more than once per permit.
``(D) Effective date.--This paragraph applies to
permits for which applications are submitted under this
section on or after January 1, 2010.''. | Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States.
Requires the Administrator to provide, within specified timeframes, to: (1) the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters; and (2) the Secretary and permit applicants the reasons for any disapproval of permits.
Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review; and (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disproved of a specification after it was issued by the Secretary.
Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to clarify the authority of the Administrator to disapprove specifications of disposal sites for the discharge of, dredged or fill material, and to clarify the procedure under which a higher review of specifications may be requested."} | 1,337 | 310 | 0.649205 | 1.88581 | 0.824956 | 3.030075 | 4.661654 | 0.864662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breastfeeding Promotion Act''.
TITLE I--AMENDMENT TO THE CIVIL RIGHTS ACT OF 1964
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pregnancy Discrimination Act
Amendments of 2003''.
SEC. 102. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Women with infants and toddlers are a rapidly growing
segment of the labor force today.
(2) Statistical surveys of families show that over 50
percent of mothers with children less than 1 year of age are in
the labor force.
(3) The American Academy of Pediatrics recommends that
mothers breastfeed exclusively for six months but continuing
for at least the 1st year of a child's life and that
arrangements be made to allow a mother's expressing of milk if
mother and child must separate.
(4) Research studies show that children who are not
breastfed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(5) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, including juvenile diabetes,
lymphomas, Crohn's disease, celiac disease, some chronic liver
diseases, and ulcerative colitis.
(6) Maternal benefits of breastfeeding include a reduced
risk for postpartum hemorrhage and decreased risk for
developing osteoporosis, ovarian cancer, and premenopausal
breast cancer.
(7) The health benefits to children from breastfeeding
translate into a threefold decrease in parental absenteeism due
to infant illness.
(8) Congress intended to include breastfeeding and
expressing breast milk as protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
(9) Although title VII of the Civil Rights Act of 1964, as
so amended, applies with respect to ``pregnancy, childbirth, or
related medical conditions'', a few courts have failed to reach
the conclusion that breastfeeding and expressing breast milk in
the workplace are covered by the such title.
(b) Purposes.--The purposes of this title are--
(1) to promote the health and well-being of infants whose
mothers return to the workplace after childbirth, and
(2) to clarify that breastfeeding and expressing breast
milk in the workplace are protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
SEC. 103. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k))
is amended--
(1) by inserting ``(including lactation)'' after
``childbirth'', and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `lactation' means a condition that
may result in the feeding of a child directly from the breast
or the expressing of milk from the breast.''.
TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE
ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR
EXPRESS MILK FOR THEIR CHILDREN
SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(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. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed $10,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property. The preceding sentence shall not apply to
property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The recapture
``If the recapture event occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 60
Year 3............................... 30
Year 4 or thereafter................. 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a credit is
determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(14),
(B) by striking the period at the end of paragraph
(15) and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(16) the breastfeeding promotion and support credit
determined under section 45G(a).''
(2) 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 new paragraph:
``(11) No carryback of section 45g credit before january 1,
2003.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45G may be carried back to a taxable year beginning
before January 1, 2003.''.
(3) 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. Credit for employer expenses
incurred to facilitate employed
mothers who breastfeed or
express milk for their
children.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safe and Effective Breast Pumps
Act''.
SEC. 302. BREAST PUMPS.
(a) Performance Standards.--The Secretary of Health and Human
Services shall take such action as may be appropriate to put into
effect a performance standard for breast pumps irrespective of the
class to which the breast pumps have been classified under section 513
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In
establishing such standard, the Secretary shall identify those pumps
appropriate for use on a regular basis in a place of employment based
on the efficiency and effectiveness of the pump and on sanitation
factors related to communal use. Action to put into effect a
performance standard shall be taken within one year of the date of the
enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide which will assure that women who want
to breastfeed a child are given full and complete information
respecting breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING
EQUIPMENT AND SERVICES.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 (defining medical care) is amended by striking
``or'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following:
``(E) qualified breastfeeding equipment and
services.''.
(b) Qualified Breastfeeding Equipment and Services.--Subsection (d)
of section 213 of such Code (relating to definitions) is amended by
adding at the end the following new paragraph:
``(12) Qualified breastfeeding equipment and services.--For
purposes of paragraph (1)(E), the term `qualified breastfeeding
equipment and services' means--
``(A) breast pumps and other equipment specially
designed to assist a mother to breastfeed or express
milk for her child but only if such pumps and equipment
meet such standards (if any) prescribed by the
Secretary of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2002. | Breastfeeding Promotion Act - Pregnancy Discrimination Act Amendments of 2003 - Amends the Civil Rights Act of 1964 to include lactation (breastfeeding, including expression of milk) as protected conduct under such Act. Amends the Internal Revenue Code (IRC) to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed. Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services to: (1) put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. Expands the IRC definition of medical care to include qualified breastfeeding equipment and services. | {"src": "billsum_train", "title": "To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding."} | 2,727 | 191 | 0.467647 | 1.346297 | 0.751741 | 4.955975 | 14.836478 | 0.930818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary Mathematics and Science
Equipment Act''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act to raise the quality of instruction
in mathematics and science in the Nation's elementary schools by
providing equipment and materials necessary for hands-on instruction
through assistance to State and local educational agencies and schools.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grants.--The Secretary is authorized to make allotments to
State educational agencies under section 4 to enable such agencies to
award grants to local educational agencies for the purpose of providing
equipment and materials to elementary schools to improve mathematics
and science education in such schools.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 for fiscal year 1994, and such sums as
necessary for each of the fiscal years 1995, 1996, 1997, and 1998 to
carry out this Act.
SEC. 4. ALLOTMENTS OF FUNDS.
(a) In General.--From the amount appropriated under section 3(b)
for any fiscal year, the Secretary shall reserve--
(1) not more than one-half of 1 percent for allotment among
Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau according to
their respective needs for assistance under this Act; and
(2) one-half of 1 percent for programs for Indian students
served by schools funded by the Secretary of the Interior which
are consistent with the purposes of this part.
(b) Allotment.--
(1) In general.--Except as provided in paragraph (2) and
from the amount not reserved pursuant to subsection (a), the
Secretary shall make allotments among State educational
agencies in the States as follows:
(A) One-half of such remainder shall be distributed
among such State educational agencies by allotting to
each State educational agency an amount which bears the
same ratio to such one-half of such remainder as the
number of children aged 5 to 11, inclusive, in the
State bears to the number of such children in all
States.
(B) One-half of such remainder shall be distributed
among such State educational agencies according to each
State's share of allocations under chapter 1 of title I
of the Elementary and Secondary Education Act of 1965.
(2) Minimum.--No State shall receive in any fiscal year an
allotment under paragraph (1) which is less than--
(A) one-half of 1 percent of the amount available
under this subsection in such fiscal year; or
(B) the amount allotted to such State for fiscal
year 1988 under title II of the Education for Economic
Security Act.
(c) Reallotment of Unused Funds.--The amount of any State's
allotment under subsection (b) for any fiscal year to carry out this
Act which the Secretary determines will not be required for that fiscal
year to carry out this Act shall be available for reallotment from time
to time, on such dates during that year as the Secretary may determine,
to other States in proportion to the original allotments to those
States under subsection (b) for that year but with such proportionate
amount for any of those other States being reduced to the extent it
exceeds the sum the Secretary estimates that the State needs and will
be able to use for that year, and the total of those reductions shall
be similarly reallotted among the States whose proportionate amounts
were not so reduced. Any amounts reallotted to a State under this
subsection during a year shall be deemed a subpart of its allotment
under subsection (b) for that year.
(d) Definitions.--For the purposes of this Act--
(1) the term ``elementary school'' has the same meaning
given such term in section 1471(8) of the Elementary and
Secondary Education Act of 1965;
(2) the term ``local educational agency'' has the same
meaning given such term in section 1471(12) of the Elementary
and Secondary Education Act of 1965;
(3) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education;
(4) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico; and
(5) the term ``State educational agency'' has the same
meaning given to such term by section 1471(23) of the
Elementary and Secondary Education Act of 1965.
(e) Data.--The number of children aged 5 to 11, inclusive, in a
State and in all States shall be determined by the Secretary on the
basis of the most recent satisfactory data available to the Secretary.
SEC. 5. STATE APPLICATION.
(a) Application.--Each State educational agency desiring to receive
an allotment under this Act shall file an application with the
Secretary which covers a period of 5 fiscal years. Such application
shall be filed at such time, in such manner, and containing or
accompanied by such information as the Secretary may reasonably
require.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) provide assurances that--
(A) the State educational agency shall use the
allotment provided under this Act to award grants to
local educational agencies within the State to enable
such local educational agencies to carry out the
purpose of this Act;
(B) the State educational agency will provide such
fiscal control and funds accounting as the Secretary
may require;
(C) every public elementary school in the State is
eligible to receive a grant under this Act once over
the 5-year duration of the program assisted under this
Act;
(D) funds provided under this Act will supplement,
not supplant, State and local funds made available for
activities authorized under this Act;
(E) during the 5-year period described in the
application, the State educational agency will evaluate
its standards and programs for teacher preparation and
inservice professional development for elementary
mathematics and science;
(F) the State educational agency will take into
account the needs for greater access to and
participation in mathematics and science by students
and teachers from historically underrepresented groups,
including females, minorities, individuals with
limited-English proficiency, the economically
disadvantaged, and individuals with disabilities; and
(G) the needs of teachers and students in areas
with high concentrations of low-income students and
sparsely populated areas will be considered in awarding
grants under this Act;
(2) provide a description of how funds made available under
this Act will be coordinated with State and local funds and
other Federal resources, particularly with respect to programs
for the professional development and inservice training of
elementary school teachers in science and mathematics; and
(3) describe procedures--
(A) for submitting applications for assistance in
accordance with sections 6 and 7;
(B) for the distribution of grant payments under
this Act within the State; and
(C) for approval of applications by the State
educational agency, including appropriate procedures to
assure that such agency will not disapprove an
application without notice and opportunity for a
hearing.
(c) State Administration.--Not more than 5 percent of the funds
allotted to each State educational agency under this part shall be used
for the administrative costs of such agency associated with carrying
out the program assisted under this Act.
SEC. 6. LOCAL APPLICATION.
(a) Application.--A local educational agency that desires to
receive a grant under this part shall submit an application to the
State educational agency. Each such application shall contain
assurances that each school served by the local educational agency
shall be eligible for only one grant under this Act.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) provide assurances that the local educational agency
shall use the grant such agency receives under this Act to
award grants to schools served by such agency to enable such
schools to carry out the purposes of this Act;
(2) describe how the local educational agency plans to set
priorities on the use and distribution among schools of grant
funds received under this Act to meet the purpose of this Act;
(3) include assurances that the local educational agency
has made every effort to match on a dollar-for-dollar basis
from private or public sources the grant funds received under
this Act, except that no such application shall be penalized or
denied assistance under this Act based on failure to provide
such matching funds;
(4) describe how funds under this Act will be coordinated
with State, local, and other Federal resources, especially with
respect to programs for the professional development and
inservice training of elementary school teachers in science and
mathematics; and
(5) describe the process which will be used to determine
different levels of grant amounts to be awarded to schools with
different needs.
(c) Priority.--In awarding grants under this Act, the State
educational agency shall give priority to local applications that--
(1) assign highest priority to providing assistance to
schools which are most seriously under-equipped;
(2) are attentive to the needs of underrepresented groups
in science and mathematics;
(3) demonstrate how science and mathematics equipment will
be part of a comprehensive plan of curriculum planning or
implementation and teacher training supporting hands-on
laboratory activities;
(4) give priority to providing equipment and materials for
students in grades 1 through 6; and
(5) provide assurances that equipment and materials
provided under this Act shall be equitably available to all
children in the classroom.
SEC. 7. PARTICIPATION OF PRIVATE NONPROFIT ELEMENTARY SCHOOLS.
(a) Participation of Private Schools.--To the extent consistent
with the number of children in the State or in the school district of
each local educational agency who are enrolled in private nonprofit
elementary schools, such State educational agency shall, after
consultation with appropriate private school representatives, make
provision to include services and arrangements for the benefit of such
children as will assure the equitable participation of such children in
the purposes and benefits of this Act.
(b) Waiver.--If by reason of any provision of State law a local
educational agency is prohibited from providing for the participation
of children or teachers from private nonprofit elementary schools as
required by subsection (a), or if the Secretary determines that a State
or local educational agency has substantially failed or is unwilling to
provide for such participation on an equitable basis, the Secretary
shall waive such requirements and shall arrange for the provision of
services to such children or teachers subject to the requirement of
this Act. Such waivers shall be subject to consultation, withholding,
notice, and judicial review requirements described in section 1017 of
the Elementary and Secondary Education Act of 1965.
SEC. 8. PROGRAM REQUIREMENTS.
(a) Coordination.--Each State educational agency receiving a grant
under this Act shall--
(1) disseminate information to school districts and
schools, including private nonprofit elementary schools,
regarding the grant program assisted under this Act;
(2) evaluate applications of local educational agencies;
(3) award grants to local educational agencies based on the
priorities described in section 6(c); and
(4) evaluate local educational agencies' end-of-the-year
summaries.
(b) Limitations on Use of Funds.--
(1) In general.--Grant funds and matching funds under this
Act only shall be used to purchase science equipment, science
materials, or mathematical manipulative materials and shall not
be used for computers, computer peripherals, software,
textbooks, or staff development costs.
(2) Capital improvements.--Grant funds under this Act may
not be used for capital improvements. Not more than 50 percent
of matching funds provided by the local educational agency may
be used for capital improvements of classroom science
facilities to support the hands-on instruction that this Act is
intended to support, such as the installation of electrical
outlets, plumbing, lab tables or counters, or ventilation
mechanisms.
SEC. 9. FEDERAL ADMINISTRATION.
(a) Technical Assistance and Evaluation Procedures.--The Secretary
shall provide technical assistance and, in consultation with State and
local representatives of the program assisted under this Act, shall
develop procedures for State and local evaluations of the programs
under this part.
(b) Report.--The Secretary shall report to the Congress each year
on the program assisted under this Act. | Elementary Mathematics and Science Equipment Act - Authorizes the Secretary of Education to allot funds to State educational agencies to award grants to local educational agencies to provide hands-on instruction equipment and materials to elementary schools to improve mathematics and science education. Authorizes appropriations.
Sets forth requirements for: (1) State allotments; (2) State and local applications; (3) grant award priorities; (4) participation of private schools; (5) State and Federal responsibilities; and (6) limitation on use of grant funds only for science equipment or materials and mathematical manipulative materials necessary for hands-on instruction. | {"src": "billsum_train", "title": "Elementary Mathematics and Science Equipment Act"} | 2,603 | 124 | 0.546821 | 1.389347 | 0.636793 | 3 | 21.175 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Liability Improvement Act of
1993''.
SEC. 2. GENERAL PROVISIONS.
(a) Congressional Findings.--
(1) Effect on interstate commerce.--The Congress finds that
the health care and insurance industries are industries
affecting interstate commerce and the medical malpractice
litigation systems existing throughout the United States affect
interstate commerce by contributing to the high cost of health
care and premiums for malpractice insurance purchased by health
care providers.
(2) Effect on federal spending.--The Congress finds that
the medical malpractice litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive
health care benefits under programs operated or
financed by the Federal Government;
(B) the large number of individuals who benefit
because of the exclusion from Federal taxes of the
amounts spent by their employers to provide them with
health insurance benefits;
(C) the large number of health care providers and
health care professionals who provide items or services
for which the Federal Government makes payments; and
(D) the large number of such providers and
professionals who have received direct or indirect
financial assistance from the Federal Government
because of their status as such professionals or
providers.
(b) Applicability.--This Act shall apply with respect to any
medical malpractice liability claim and to any medical malpractice
liability action brought in any State or Federal court, except that
this Act shall not apply to--
(1) a claim or action for damages arising from a vaccine-
related injury or death to the extent that title XXI of the
Public Health Service Act applies to the action; or
(2) a claim or action in which the claimant's sole
allegation is an allegation of an injury arising from the use
of a medical product.
(c) Preemption of State Law.--Subject to section 12, this Act
supersedes State law only to the extent that State law differs from any
provision of law established by or under this Act. Any issue that is
not governed by any provision of law established by or under this Act
shall be governed by otherwise applicable State or Federal law.
(d) Federal Court Jurisdiction Not Established on Federal Question
Grounds.--Nothing in this Act shall be construed to establish any
jurisdiction in the district courts of the United States over medical
malpractice liability actions on the basis of sections 1331 or 1337 of
title 28, United States Code.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Claimant.--The term ``claimant'' means any person who
alleges a medical malpractice liability claim, or, in the case
of an individual who is deceased, incompetent, or a minor, the
person on whose behalf such a claim is alleged.
(2) Economic damages.--The term ``economic damages'' means
damages paid to compensate an individual for losses for
hospital and other medical expenses, lost wages, lost
employment, and other pecuniary losses.
(3) Health care professional.--The term ``health care
professional'' means any individual who provides health care
services in a State and who is required by State law or
regulation to be licensed or certified by the State to provide
such services in the State.
(4) Health care provider.--The term ``health care
provider'' means any organization or institution that is
engaged in the delivery of health care services in a State and
that is required by State law or regulation to be licensed or
certified by the State to engage in the delivery of such
services in the State.
(5) Injury.--The term ``injury'' means any illness,
disease, or other harm that is the subject of a medical
malpractice liability action or claim.
(6) Medical malpractice liability action.--The term
``medical malpractice liability action'' means a civil action
(other than an action in which the claimant's sole allegation
is an allegation of an intentional tort) brought in a State or
Federal court against a health care provider or health care
professional (regardless of the theory of liability on which
the action is based) in which the claimant alleges a medical
malpractice liability claim.
(7) Medical malpractice liability claim.--The term
``medical malpractice liability claim'' means a claim in which
the claimant alleges that injury was caused by the provision of
(or the failure to provide) health care services.
(8) Medical product.--The term ``medical product'' means a
device (as defined in section 201(h) of the Federal Food, Drug,
and Cosmetic Act) or a drug (as defined in section 201(g)(1) of
the Federal Food, Drug, and Cosmetic Act).
(9) Noneconomic damages.--The term ``noneconomic damages''
means damages paid to compensate an individual for losses for
physical and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of consortium, and other nonpecuniary losses, but
does not include punitive damages.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall apply with respect to claims accruing or actions brought on or
after the expiration of the 3-year period that begins on the date of
the enactment of this Act.
(b) Exception for States Requesting Earlier Implementation of
Reforms.--
(1) Application.--A State may submit an application to the
Secretary requesting the early implementation of this Act with
respect to claims or actions brought in the State.
(2) Decision by secretary.--The Secretary shall issue a
response to a State's application under paragraph (1) not later
than 90 days after receiving the application. If the Secretary
determines that the State meets the requirements of this Act at
the time of submitting its application, the Secretary shall
approve the State's application, and this Act shall apply with
respect to actions brought in the State on or after the
expiration of the 90-day period that begins on the date the
Secretary issues the response. If the Secretary denies the
State's application, the Secretary shall provide the State with
a written explanation of the grounds for the decision.
SEC. 5. ATTORNEYS' FEES.
(a) Limitation on Contingency Fees.--An attorney shall not contract
for or collect a contingency fee for representing a claimant in a
medical malpractice liability action in excess of the following:
(1) 40 percent of the first $50,000 (or portion thereof) of
the amount recovered by the claimant.
(2) 33\1/3\ percent of the next $50,000 (or portion
thereof) of the amount recovered by the claimant.
(3) 25 percent of the next $500,000 (or portion thereof) of
the amount recovered by the claimant.
(4) 15 percent of any amounts recovered by the claimant in
excess of $600,000.
This subsection applies whether the recovery is by settlement,
arbitration, or judgment.
(b) Calculation of Periodic Payments.--If periodic payments are
awarded to the claimant pursuant to section 8(b), the court shall place
a total value on these payments based upon the projected life
expectancy of the claimant and include this amount in computing the
total award from which attorneys' fees are calculated under subsection
(a).
(c) Special Rule for Determining Amount Recovered.--In subsection
(a), the term ``recovered'' means the net sum recovered after deducting
any disbursements or costs incurred in connection with prosecution or
settlement of the claim, except that costs of medical care incurred by
the claimant and the attorney's office overhead costs or charges shall
not be deductible disbursements under this subsection.
SEC. 6. LIMITATION ON NONECONOMIC DAMAGES.
The total amount of damages which may be awarded to an individual
and the family members of such individual for noneconomic losses
resulting from an injury which is the subject of a medical malpractice
liability claim may not exceed $250,000, regardless of the number of
health care professionals and health care providers against whom the
claim is brought or the number of claims brought with respect to the
injury.
SEC. 7. STATUTE OF LIMITATIONS.
(a) In General.--No medical malpractice liability claim may be
brought after the expiration of the 2-year period that begins on the
date the alleged injury that is the subject of the action should
reasonably have been discovered, but in no event after the expiration
of the 4-year period that begins on the date the alleged injury
occurred.
(b) Exception for Minors.--In the case of an alleged injury
suffered by a minor who has not attained 6 years of age, no medical
malpractice liability claim may be brought after the expiration of the
2-year period that begins on the date the alleged injury that is the
subject of the action should reasonably have been discovered, but in no
event after the date on which the minor attains 10 years of age.
SEC. 8. PERIODIC PAYMENTS FOR FUTURE LOSSES.
If more than $50,000 in damages for expenses to be incurred in the
future is awarded to the claimant in a medical malpractice liability
action, the court shall at the request of either party, enter a
judgment ordering such damages to be paid on a periodic basis
determined appropriate by the court (based upon projections of when
such expenses are likely to be incurred).
SEC. 9. MANDATORY OFFSETS FOR DAMAGES PAID BY A COLLATERAL SOURCE.
(a) In General.--The total amount of damages received by a
plaintiff in a medical malpractice liability action shall be reduced
(in accordance with subsection (b)) by any other payment that has been
or will be made to the individual to compensate the plaintiff for the
injury that was the subject of the action, including payment under--
(1) Federal or State disability or sickness programs;
(2) Federal, State, or private health insurance programs;
(3) private disability insurance programs;
(4) employer wage continuation programs; and
(5) any other source of payment intended to compensate the
plaintiff for such injury.
(b) Amount of Reduction.--The amount by which an award of damages
to a plaintiff shall be reduced under subsection (a) shall be--
(1) the total amount of any payments (other than such
award) that have been made or that will be made to the
plaintiff to compensate the plaintiff for the injury that was
the subject of the action; minus
(2) the amount paid by the plaintiff (or by the spouse,
parent, or legal guardian of the plaintiff) to secure the
payments described in paragraph (1).
SEC. 10. SPECIAL PROVISION FOR CERTAIN OBSTETRIC SERVICES.
(a) Imposition of Higher Standard of Proof.--
(1) In general.--In the case of a medical malpractice
liability action relating to services provided during labor or
the delivery of a baby, if the defendant health care
professional did not previously treat the plaintiff for the
pregnancy, the trier of fact may not find that the defendant
committed malpractice and may not assess damages against the
defendant unless the malpractice is proven by clear and
convincing evidence.
(2) Applicability to group practices or agreements among
providers.--For purposes of paragraph (1), a health care
professional shall be considered to have previously treated an
individual for a pregnancy if the professional is a member of a
group practice whose members previously treated the individual
for the pregnancy or is providing services to the individual
during labor or the delivery of a baby pursuant to an agreement
with another professional.
(b) Clear and Convincing Evidence Defined.--In subsection (a), the
term ``clear and convincing evidence'' is that measure or degree of
proof that will produce in the mind of the trier of fact a firm belief
or conviction as to the truth of the allegations sought to be
established, except that such measure or degree of proof is more than
that required under preponderance of the evidence, but less than that
required for proof beyond a reasonable doubt.
SEC. 11. JOINT AND SEVERAL LIABILITY.
The liability of each defendant in a medical malpractice liability
action shall be several only and shall not be joint, and each defendant
shall be liable only for the amount of damages allocated to the
defendant in direct proportion to the defendant's percentage of
responsibility (as determined by the trier of fact).
SEC. 12. PREEMPTION.
(a) In General.--This Act supersedes any State law only to the
extent that State law--
(1) permits the recovery of a greater amount of damages by
a plaintiff;
(2) permits the collection of a greater amount of
attorneys' fees by a plaintiff's attorney;
(3) establishes a longer period during which a medical
malpractice liability claim may be initiated; or
(4) establishes a stricter standard for determining whether
a defendant was negligent or for determining the liability of
defendants described in section 10 in actions described in such
section.
(b) Effect on Sovereign Immunity and Choice of Law or Venue.--
Nothing in subsection (a) shall be construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any provision of law;
(2) waive or affect any defense of sovereign immunity
asserted by the United States;
(3) affect the applicability of any provision of the
Foreign Sovereign Immunities Act of 1976;
(4) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation; or
(5) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum.
SEC. 13. RETURNS RELATING TO TAXABLE MEDICAL MALPRACTICE AWARDS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 (relating to information
concerning transactions with other persons) is amended by adding at the
end thereof the following new section:
``SEC. 6050O. RETURNS RELATING TO TAXABLE MEDICAL MALPRACTICE AWARDS.
``(a) In General.--If--
``(1) any person makes medical malpractice payments to
another person during any calendar year,
``(2) a portion of such payments is includible in gross
income for purposes of chapter 1, and
``(3) the portion of such payments so includible exceeds
$600,
then the person making such payments shall make a return (at such time
and in such form as the Secretary may by regulations prescribe) setting
forth the name, address, and TIN of the person to whom such payments
were made, the aggregate amount of such payments, and the portion of
such payments includible in gross income for purposes of chapter 1.
``(b) Statements To Be Furnished to Persons With Respect to Whom
Information Is Required To Be Furnished.--Every person required to make
a return under subsection (a) with respect to payments made to any
person shall furnish to such person a written statement showing--
``(1) the name and address of the person required to make
such return, and
``(2) the information required to be shown on the return
with respect to the person to whom such payments were made.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) was made.
``(c) Medical Malpractice Payments.--For purposes of this section,
the term `medical malpractice payment' means any payment (whether by
suit or agreement and whether as a lump sum or periodic payment) on
account of a medical malpractice liability claim (as defined in section
3(7) of the Medical Liability Improvement Act of 1993).''
(b) Penalties.--
(1) Returns.--Subparagraph (A) of section 6724(d)(1) of
such Code is amended by striking ``or'' at the end of clause
(vi), by striking ``and'' at the end of clause (vii) and
inserting ``or'', and by adding at the end thereof the
following new clause:
``(viii) section 6050O (relating to returns
relating to taxable medical malpractice
awards),''.
(2) Statements.--Paragraph (2) of section 6724(d) of such
Code is amended by redesignating subparagraphs (P) through (S)
as subparagraphs (Q) through (T), respectively, and by
inserting after subparagraph (O) the following new
subparagraph:
``(P) section 6050O(b) (relating to returns
relating to taxable medical malpractice awards),''.
(c) Clerical Amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 is amended by adding at the end
thereof the following new item:
``Sec. 6050O. Returns relating to taxable
medical malpractice awards.''
(d) Effective Date.--The amendments made by this section shall
apply to payments after the date of the enactment of this Act.
HR 2851 IH----2 | Medical Liability Improvement Act of 1993 - Sets forth provisions concerning, with respect to medical malpractice liability claims: (1) limitations on attorney's fees; (2) limitations on noneconomic damages; (3) the statute of limitations; (4) periodic payments for future losses; (5) mandatory offsets for damages paid by a collateral source; (6) certain obstetric services; (7) joint and several liability; and (8) preemption of inconsistent State law.
Amends the Internal Revenue Code to require the reporting of certain medical malpractice payments. | {"src": "billsum_train", "title": "Medical Liability Improvement Act of 1993"} | 3,865 | 110 | 0.484749 | 1.230471 | 0.3067 | 3.214953 | 33.373832 | 0.953271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quincy Library Group Forest Recovery
and Economic Stability Act of 1997''.
SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO
IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL.
(a) Definition.--For purposes of this section, the term ``Quincy
Library Group-Community Stability Proposal'' means the agreement by a
coalition of representatives of fisheries, timber, environmental,
county government, citizen groups, and local communities that formed in
northern California to develop a resource management program that
promotes ecologic and economic health for certain Federal lands and
communities in the Sierra Nevada area. Such proposal includes the map
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated
June 1993, and prepared by VESTRA Resources of Redding, California.
(b) Pilot Project Required.--
(1) Pilot project and purpose.--The Secretary of
Agriculture (in this section referred to as the ``Secretary''),
acting through the Forest Service and after completion of an
environmental impact statement (a record of decision for which
shall be adopted within 200 days), shall conduct a pilot
project on the Federal lands described in paragraph (2) to
implement and demonstrate the effectiveness of the resource
management activities described in subsection (d) and the other
requirements of this section, as recommended in the Quincy
Library Group-Community Stability Proposal.
(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within Plumas National
Forest, Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest in the State of California
designated as ``Available for Group Selection'' on the map
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'',
dated June 1993 (in this section referred to as the ``pilot
project area''). Such map shall be on file and available for
inspection in the appropriate offices of the Forest Service.
(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d)
and timber harvesting during the term of the pilot project.
(2) In general.--The Regional Forester for region 5 shall
direct that during the term of the pilot project any resource
management activity required by subsection (d), all road
building, and all timber harvesting activities shall not be
conducted on the Federal lands within the Plumas National
Forest, Lassen National Forest, and Sierraville Ranger District
of the Tahoe National Forest in the State of California that
are designated as either ``Off Base'' or ``Deferred'' on the
map referred to in subsection (a).
(3) Riparian protection.--
(A) In general.--The Scientific Analysis Team
guidelines for riparian system protection described in
subparagraph (B) shall apply to all resource management
activities conducted under subsection (d) and all
timber harvesting activities that occur in the pilot
project area during the term of the pilot project.
(B) Guidelines described.--The guidelines referred
to in subparagraph (A) are those in the document
entitled ``Viability Assessments and Management
Considerations for Species Associated with Late-
Successional and Old-Growth Forests of the Pacific
Northwest'', a Forest Service research document dated
March 1993 and co-authored by the Scientific Analysis
Team, including Dr. Jack Ward Thomas.
(4) Compliance.--All resource management activities
required by subsection (d) shall be implemented to the extent
consistent with applicable Federal law and the standards and
guidelines for the conservation of the California spotted owl
as set forth in the California Spotted Owl Sierran Provence
Interim Guidelines, or the subsequently issued final guidelines
whichever is in effect.
(d) Resource Management Activities.--During the term of the pilot
project, the Secretary shall implement and carry out the following
resource management activities on an acreage basis on the Federal lands
included within the pilot project area designated under subsection
(b)(2):
(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection, and
other methods of vegetation management consistent with the
Quincy Library Group-Community Stability Proposal, on not less
than 40,000, but not more than 60,000, acres per year.
(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve a
desired future condition of all-age, multistory, fire resilient
forests as follows:
(A) Group selection.--Group selection on an average
acreage of .57 percent of the pilot project area land
each year of the pilot project.
(B) Individual tree selection.--Individual tree
selection may also be utilized within the pilot project
area.
(3) Total acreage.--The total acreage on which resource
management activities are implemented under this subsection
shall not exceed 70,000 acres each year.
(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration
projects, consistent with riparian protection guidelines in
subsection (c)(2)(B).
(e) Cost-Effectiveness.--In conducting the pilot project, Secretary
shall use the most cost-effective means available, as determined by the
Secretary, to implement resource management activities described in
subsection (d).
(f) Funding.--
(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations--
(A) those funds specifically provided to the Forest
Service by the Secretary to implement resource
management activities according to the Quincy Library
Group-Community Stability Proposal; and
(B) excess funds that are allocated for the
administration and management of Plumas National
Forest, Lassen National Forest, and the Sierraville
Ranger District of Tahoe National Forest.
(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for any
other unit of the National Forest System.
(3) Flexibility.--Subject to normal reprogramming
guidelines, during the term of the pilot project, the forest
supervisors of Plumas National Forest, Lassen National Forest,
and Tahoe National Forest may allocate and use all accounts
that contain excess funds and all available excess funds for
the administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District of
Tahoe National Forest to perform the resource management
activities described in subsection (d).
(4) Restriction.--The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided under
paragraphs (1)(B) and (3) if, in their judgment, doing so will
limit other nontimber related multiple use activities for which
such funds were available.
(5) Overhead.--Of amounts available to carry out this
section--
(A) not more than 12 percent may be used or
allocated for general administration or other overhead;
and
(B) at least 88 percent shall be used to implement
and carry out activities required by this section.
(6) Authorized supplemental funds.--There are authorized to
be appropriated to implement and carry out the pilot project
such sums as are necessary.
(7) Baseline funds.--Amounts available for resource
management activities authorized under subsection (d) shall at
a minimum include existing baseline funding levels.
(g) Term of Pilot Project.--The Secretary shall conduct the pilot
project during the period beginning on the date of the enactment of
this Act and ending on the later of the following:
(1) The date on which the Secretary completes amendment or
revision of the land and resource management plans for Plumas
National Forest, Lassen National Forest, and Tahoe National
Forest pursuant to subsection (i).
(2) The date that is five years after the date of the
commencement of the pilot project.
(h) Consultation.--(1) Each statement required by subsection (b)(1)
shall be prepared in consultation with the Quincy Library Group.
(2) Contracting.--The Forest Service, subject to the availability
of appropriations, may carry out any (or all) of the requirements of
this section using private contracts.
(i) Corresponding Forest Plan Amendments.--Within 180 days after
the date of the enactment of this Act, the Regional Forester for Region
5 shall initiate the process to amend or revise the land and resource
management plans for Plumas National Forest, Lassen National Forest,
and Tahoe National Forest. The process shall include preparation of at
least one alternative that--
(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group Community Stability Proposal; and
(2) makes other changes warranted by the analyses conducted
in compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604), and other applicable laws.
(j) Reporting Requirements.--
(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary after
consultation with the Quincy Library Group, shall submit to
Congress a report on the status of the pilot project. The
report shall include at least the following:
(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds
are fully expended.
(B) A complete accounting of the use of funds and
accounts made available under subsection (f)(1) for the
previous fiscal year, including a schedule of the
amounts drawn from each account used to perform
resource management activities described in subsection
(d).
(C) A description of total acres treated for each
of the resource management activities required under
subsection (d), forest health improvements, fire risk
reductions, water yield increases, and other natural
resources-related benefits achieved by the
implementation of the resource management activities
described in subsection (d).
(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(E) A comparison of the revenues generated by, and
costs incurred in, the implementation of the resource
management activities described in subsection (d) on
the Federal lands included in the pilot project area
with the revenues and costs during each of the fiscal
years 1992 through 1997 for timber management of such
lands before their inclusion in the pilot project.
(F) A schedule for the resource management
activities to be undertaken in the pilot project area
during the calendar year.
(G) A description of any adverse environmental
impacts.
(2) Limitation on expenditures.--The amount of Federal
funds expended on each annual report under this subsection
shall not exceed $50,000.
(k) Final Report.--
(1) In general.--Beginning after completion of 6 months of
the second year of the pilot project, the Secretary shall
compile a science-based assessment of, and report on, the
effectiveness of the pilot project in meeting the stated goals
of this pilot project. Such assessment and report--
(A) shall include watershed monitoring of lands
treated under this section, that should address the
following issues on a priority basis: timing of water
releases, water quality changes, and water yield
changes over the short and long term in the pilot
project area;
(B) shall include an analysis of any adverse
environmental impacts;
(C) shall be compiled in consultation with the
Quincy Library Group; and
(D) shall be submitted to the Congress by July 1,
2002.
(2) Limitations on expenditures.--The amount of Federal
funds expended for the assessment and report under this
subsection, other than for watershed monitoring under paragraph
(1)(A), shall not exceed $150,000. The amount of Federal funds
expended for watershed monitoring under paragraph (1)(A) shall
not exceed $75,000 for each of fiscal years 2000, 2001, and
2002.
(l) Relationship to Other Laws.--Nothing in this section exempts
the pilot project from any Federal environmental law. | Quincy Library Group Forest Recovery and Economic Stability Act of 1997 - Directs the Secretary of Agriculture to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified fire resiliency resource management activities recommended by the Quincy Library Group-Community Stability Proposal.
Exempts spotted owl habitat and protected areas within the project area from such required activities and timber harvesting. Provides for riparian protection.
Limits: (1) annual project acreage; (2) funding sources; (3) project duration; and (4) report expenditures. Requires corresponding amendments to be made to the Plumas, Lassen, and Tahoe forest management plans within a specified time.
Sets forth reporting provisions. | {"src": "billsum_train", "title": "Quincy Library Group Forest Recovery and Economic Stability Act of 1997"} | 2,716 | 171 | 0.651806 | 1.937168 | 0.819509 | 2.669014 | 17.612676 | 0.880282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a 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 37(a) of the
Small Business Act (as added by section 4 of this Act) shall apply.
SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is amended--
(1) by redesignating section 37 as section 38; and
(2) by inserting after section 36 the following new
section:
``SEC. 37. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Association.--The term `Association' means the
association recognized by the Administrator of the Small
Business Administration under section 21(a)(3)(A).
``(2) Participating small business development center.--The
term `participating Small Business Development Center' means a
Small Business Development Center participating in the program.
``(3) Program.--The term `program' means the regulatory
assistance program established under this section.
``(4) 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.
``(5) Small business development center.--The term `Small
Business Development Center' means a Small Business Development
Center described in section 21.
``(6) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
``(b) Authority.--In accordance with this section, the
Administrator shall establish a program to provide regulatory
compliance assistance to small business concerns through selected Small
Business Development Centers, the Association of Small Business
Development Centers, and Federal compliance partnership programs.
``(c) Small Business Development Centers.--
``(1) In general.--In carrying out the program, the
Administrator shall enter into arrangements with selected Small
Business Development Centers under which such Centers shall
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 (42 U.S.C. 7661f);
``(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, as long as 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;
``(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; and
``(F) access to the Internet and training on
Internet use, including the use of the Internet website
established by the Administrator under subsection
(d)(1)(C).
``(2) Reports.--
``(A) In general.--Each selected 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 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 required under
subparagraph (A) shall be transmitted in electronic
form.
``(C) Interim reports.--A participating Small
Business Development Center may transmit to the
Administrator such interim reports as the Center
considers appropriate.
``(D) Limitation on disclosure requirements.--The
Administrator shall 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 program, except that the
Administrator shall require such a disclosure if
ordered to do so by a court in any civil or criminal
action.
``(d) Data Repository and Clearinghouse.--
``(1) In general.--In carrying out the program, the
Administrator shall--
``(A) act as the repository of and clearinghouse
for data and information submitted by Small Business
Development Centers;
``(B) submit to the President, the Committee on
Small Business and Entrepreneurship of the Senate, and
the Committee on Small Business of the 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 program;
``(ii) data regarding the number of small
business concerns that contacted participating
Small Business Development Centers regarding
assistance under the program;
``(iii) data regarding the number of small
business concerns assisted by participating
Small Business Development Centers under the
program;
``(iv) data and information regarding
outreach activities conducted by participating
Small Business Development Centers under the
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
Chief Counsel for Advocacy of the
Administration, who shall review such list, and
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; and
``(C) establish an Internet website that--
``(i) provides access to Federal, State,
academic, and industry association Internet
websites containing industry-specific
regulatory compliance information that the
Administrator deems potentially useful to small
businesses attempting to comply with Federal
regulations; and
``(ii) arranges such Internet websites in
industry-specific categories.
``(e) Review of Burdensome Regulations and Petition for Agency
Review.--
``(1) Transmission of list of regulations to chief counsel
for advocacy.--The Administrator shall transmit to the Chief
Counsel for Advocacy of the Administration a copy of the list
of regulations submitted under subsection (d)(1)(B) as part of
the annual report required by that subsection.
``(2) Review of list of regulations.--The Chief Counsel for
Advocacy shall review the list of regulations transmitted under
paragraph (1) and identify any regulation that--
``(A) is eligible for review in accordance with
section 610 of title 5, United States Code;
``(B) has a significant impact on a substantial
number of small business concerns that is substantially
different from the impact indicated in the final
regulatory flexibility analysis for that regulation, as
published with the final regulation in the Federal
Register; or
``(C) has a significant impact on a substantial
number of small business concerns and for which no
final regulatory flexibility analysis was ever
performed.
``(3) Notification and agency review.--With respect to any
regulation identified under paragraph (2) the Chief Counsel for
Advocacy shall--
``(A) notify the appropriate Federal rulemaking
agency and the Office of Information and Regulatory
Affairs of the Office of Management of the
identification of such rule or regulation; and
``(B) request the review of such regulation--
``(i) in accordance with section 610 of
title 5, United States Code; or
``(ii) for any impact it has on small
business concerns.
``(4) Annual report.--The Chief Counsel for Advocacy shall
publish an annual report containing a list of any regulation
identified under paragraph (2) and the disposition by the
appropriate agency.
``(f) Eligibility.--
``(1) In general.--A Small Business Development Center
shall be eligible to receive assistance under the 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 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.--The restriction described in
paragraph (1) shall not apply to any Small Business Development
Center before October 1, 2005.
``(g) Selection of Participating State Programs.--
``(1) Establishment of program.--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 program:
``(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 initial selections.--The Administrator
shall make selections under paragraph (1) not later than 60
days after promulgation of regulations under section 5 of the
National Small Business Regulatory Assistance Act of 2005.
``(3) Additional selections.--Not earlier than the date 3
years after the date of the enactment of this paragraph, the
Administrator may select Small Business Development Center
programs of States in addition to those selected under
paragraph (1). The Administrator shall consider the effect on
the programs selected under paragraph (1) before selecting
additional programs under this paragraph.
``(4) Coordination to avoid duplication with other
programs.--In selecting programs under this subsection, the
Administrator shall give a preference to Small Business
Development Center programs that have a plan for consulting
with Federal and State agencies to ensure that any assistance
provided under this section is not duplicated by an existing
Federal or State program.
``(h) Matching not Required.--Subparagraphs (A) and (B) of section
21(a)(4) shall not apply to assistance made available under the
program.
``(i) Distribution of Grants.--
``(1) In general.--Except as provided in paragraph (2),
each State program selected to receive a grant under subsection
(g) 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 the population of the State
bears to the population of all the States with programs
selected to receive grants under subsection (g) for the
fiscal year.
``(2) Minimum amount.--The minimum amount that a State
program selected to receive a grant under subsection (g) shall
be eligible to receive under this section for any fiscal year
shall be $200,000. The Administrator shall reduce the amount
described in paragraph (1) as appropriate to carry out the
purposes of this paragraph and subsection (j)(2).
``(j) Evaluation and Report.--Not later than 3 years after the
establishment of the program, the Comptroller General of the United
States shall conduct an evaluation of the program and shall transmit to
the Administrator, the Committee on Small Business and Entrepreneurship
of the Senate, and the Committee on Small Business of the House of
Representatives a report containing the results of the evaluation along
with any recommendations as to whether the program, with or without
modification, should be extended to include the participation of all
Small Business Development Centers.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2006 and
each subsequent fiscal year.
``(2) Limitation on use of other funds.--The Administrator
shall carry out the 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 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
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 program. | National Small Business Regulatory Assistance Act of 2005 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a program to provide regulatory compliance assistance to small businesses through selected Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with selected Centers 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; (5) referrals to providers of compliance assistance; and (6) access to the Internet and training on Internet use. Requires quarterly reports from each selected Center to the Administrator on assistance provided. Directs the Administrator to: (1) act as the repository of and clearinghouse for data and information submitted by Centers; (2) report annually to the President and the congressional small business committees on assistance provided; and (3) establish an Internet website that provides access to websites containing industry-specific regulatory compliance information. Directs the Chief Counsel for Advocacy of the SBA to: (1) review the Administrator's list of small business regulations; (2) identify those regulations having a significant impact on small businesses; (3) request the federal review of any such regulations; and (4) publish an annual report of such regulations and their disposition. Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years, with a preference for programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts. Provides a minimum grant amount of $200,000. Directs the Comptroller General to evaluate the grant program and report evaluation results to the Administrator and the small business committees. Authorizes appropriations. Requires the Administrator to promulgate final regulations to carry out this Act, after providing notice and an opportunity for comment and after consulting with the Association. | {"src": "billsum_train", "title": "To amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a program to provide regulatory compliance assistance to small business concerns, and for other purposes."} | 3,120 | 473 | 0.62515 | 1.950753 | 0.788854 | 3.234624 | 6.98861 | 0.938497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prisoner Health Care
Copayment Act''.
SEC. 2. PRISONER COPAYMENTS FOR HEALTH CARE SERVICES.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4048. Prisoner copayments for health care services
``(a) Definitions.--In this section--
``(1) the term `account' means the trust fund account (or
institutional equivalent) of a prisoner;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `health care provider' means any person who
is licensed or certified under State law to provide health care
services and who is operating within the scope of such license;
``(4) the term `health care visit' means any visit by a
prisoner to an institutional or noninstitutional health care
provider, if the visit is made at the request of the prisoner;
``(5) the term `prisoner' means any person subject to
incarceration, detention, or admission to any facility who is
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or
diversionary program; and
``(6) the term `qualified health care visit' means any
health care visit except a health care visit
``(A) that--
``(i) is conducted during the incarceration
intake process;
``(ii) is an annual examination;
``(iii) is determined by the health care
provider to be an emergency visit;
``(iv) is an immunization;
``(v) is initiated by the health care staff
of the Bureau of Prisons; or
``(vi) is the direct result of a referral
made by a prison official; or
``(B) by a prisoner who is--
``(i) less than 18 years of age;
``(ii) pregnant; or
``(iii) determined by the appropriate
official of the Bureau of Prisons to be
seriously mentally ill or permanently disabled.
``(b) Copayments For Health Care Services.--The Director shall
assess and collect a fee in accordance with this section--
``(1) in an amount equal to not less than $3 and not more
than $5, for each qualified health care visit;
``(2) in an amount not to exceed $5, which shall be
established by the Director by regulation, for--
``(A) each prescription medication provided to the
prisoner by a health care provider; and
``(B) each health care visit described in
subparagraph (A)(iii) or (B)(i) of subsection (a)(6);
and
``(3) in an amount established by the Director by
regulation, for each health care visit occurring as a result of
an injury inflicted on a prisoner by another prisoner.
``(c) Responsibility for Payment.--Each fee assessed under
subsection (b) shall be collected by the Director from the account of--
``(1) the prisoner making the health care visit or
receiving the prescription medication; or
``(2) in the case of a health care visit described in
subsection (b)(3), the prisoner who is determined by the
Director to have inflicted the injury.
``(d) Timing.--Each fee assessed under this section shall be
collected from the appropriate account under subsection (c)--
``(1) on the date on which the qualified health care visit
occurs; or
``(2) in the case of a prisoner whose account balance is
determined by the Director to be insufficient for collection of
the fee in accordance with paragraph (1), in accordance with an
installment payment plan, which shall be established by the
Director by regulation.
``(e) No Refusal of Treatment for Financial Reasons.--Nothing in
this section shall be construed to permit any refusal of treatment to a
prisoner on the basis that--
``(1) account of the prisoner is insolvent; or
``(2) the prisoner is otherwise unable to pay a fee
assessed under this section in accordance with subsection
(d)(1).
``(f) Use of Amounts.--Any amounts collected by the Director under
this section shall be deposited in the Crime Victims' Fund established
under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601).
``(g) Reports to Congress.--Not later than 1 year after the date of
enactment of the Federal Prisoner Health Care Copayment Act and
annually thereafter, the Director shall submit to Congress a report,
which shall include--
``(1) a description of the amounts collected under this
section during the preceding 12-month period; and
``(2) an analysis of the effects of the implementation of
this section, if any, on the nature and extent of health care
visits by prisoners.''.
(b) Clerical Amendment.--The chapter analysis for chapter 303 of
title 18, United States Code, is amended by adding at the end the
following:
``4048. Prisoner copayments for health care services.''. | Federal Prisoner Health Care Copayment Act - Amends the Federal criminal code to impose a fee for health care visits (with certain types of visits exempted) and prescriptions, to be paid by the prisoner making the visit or taking the prescription or, in the case of a prisoner injured by another prisoner, to be paid by the prisoner who inflicted the injury. Prohibits refusal of treatment on the basis that a prisoner is unable to pay. | {"src": "billsum_train", "title": "Federal Prisoner Health Care Copayment Act"} | 1,204 | 109 | 0.538156 | 1.357213 | 0.499948 | 2.27381 | 13.178571 | 0.845238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fortifying America's Intellectual
Property Rights (FAIR) Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) International markets are vital to intellectual
property industries in the United States, providing a strong
export base that sustains jobs in the United States. This
sector of the United States economy is threatened due to
widespread patent and trademark infringement and the
unauthorized reproduction, distribution, and sale of
copyrighted works created in the United States.
(2) The United States is the world's largest creator,
producer, and exporter of copyrighted materials, accounting for
more than 5 percent of the Gross Domestic Product (GDP) of the
United States and adding billions of dollars to the United
States economy annually.
(3) International markets are vital to creative industries
in the United States, providing a strong export base that
sustains jobs in the United States. This sector of the United
States economy is threatened due to widespread piracy--the
unauthorized reproduction, distribution, and sale of works
created in the United States.
(4) Global piracy affecting the motion picture industry is
estimated as amounting to $3,500,000,000 annually, not
including illegal downloading. Globally, 2 in 5 music
recordings are pirated copies, with annual world-wide sales of
pirated music estimated at from $4,000,000,000 to
$5,000,000,000. The software industry estimates losses of more
than $13,000,000,000 in 2002 due to worldwide piracy.
(5) The United States Trade Representative (USTR) has been
charged with identifying countries that deny adequate and
effective protection of intellectual property rights. The
effective use of trade tools by the USTR, including the
negotiation of bilateral free trade agreements, serves an
essential role in protecting abroad the intellectual property
rights of United States persons.
(6) The Office of the USTR has more than 20 offices
dedicated to specific areas of expertise, but does not include
an office solely dedicated to the protection abroad of the
intellectual property rights of United States persons.
Currently, the Office of the Assistant United States Trade
Representative for Services, Investment and Intellectual
Property has a substantially large workload, given that
services and investment account for more than 50 percent of the
United States economy.
(7) The USTR's ability to meet its mandate to protect
abroad the intellectual property rights of United States
persons should be enhanced by establishing a separate office
dedicated exclusively to intellectual property matters, headed
by an Assistant United States Trade Representative for
Intellectual Property Rights. The resources dedicated to
securing high standards of protection in trade agreements and
enforcing those provisions vigorously should likewise be
enhanced.
SEC. 3. ASSISTANT U.S. TRADE REPRESENTATIVE FOR INTELLECTUAL PROPERTY
RIGHTS.
Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is
amended by adding at the end the following:
``(6)(A) There shall be in the Office the position of Assistant
United States Trade Representative for Intellectual Property Rights.
The Assistant United States Trade Representative for Intellectual
Property Rights shall be appointed by the United States Trade
Representative.
``(B) The Assistant United States Trade Representative for
Intellectual Property Rights shall have primary responsibility for--
``(i) intellectual property matters relating to bilateral
and multilateral trade agreements, including--
``(I) enforcement of, and any modifications to, the
Agreement on Trade-Related Aspects of Intellectual
Property Rights referred to in section 101(d)(15) of
the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(15)); and
``(II) the negotiation and enforcement of
intellectual property provisions of any other bilateral
or multilateral trade agreement to which the United
States is a party;
``(ii) the identification of countries under paragraphs (1)
and (2) of section 182(a) of the Trade Act of 1974 (19 U.S.C.
2242(a)(1) and (2)), and any investigations under chapter 1 of
title III of that Act (19 U.S.C. 2411 et seq.) arising from
such identification or other actions of a foreign country
described in section 182(a)(1) of that Act; and
``(iii) monitoring the extent to which the trading partners
of the United States protect and enforce intellectual property
rights of United States persons.
``(C) At least 6 professional staff members shall be assigned to
assist the Assistant United States Trade Representative for
Intellectual Property Rights in carrying out his or her functions, of
which 3 shall be assigned to matters relating to enforcement.
``(D) The Assistant United States Trade Representative should
direct and coordinate all interagency activities, including in
consultation with the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office
and the Register of Copyrights, on trade-related intellectual property
matters and serve as the primary contact in the executive branch for
all matters described in subparagraph (B).
``(E) The Assistant United States Trade Representative for
Intellectual Property Rights shall receive compensation at the rate of
pay payable for level IV of the Executive Schedule under section 5315
of title 5, United States Code.''.
SEC. 4. CONSTRUCTION.
Nothing in this Act or the amendment made by this Act shall be
construed to limit the powers and duties of the United States Patent
and Trademark Office or the United States Copyright Office. | Fortifying America's Intellectual Property Rights (FAIR) Act - Amends the Trade Act of 1974 to establish in the Office of the United States Trade Representative the position of Assistant United States Trade Representative for Intellectual Property Rights, with primary responsibility for: (1) intellectual property matters relating to trade agreements and the negotiation and enforcement of intellectual property provisions of any such agreement to which the United States is a party; (2) identification and investigation of foreign countries that deny adequate protection of intellectual property rights or that deny fair market access to U.S. persons that rely upon intellectual property protections; and (3) monitoring the extent to which U.S. trading partners protect and enforce intellectual property rights of U.S. persons. | {"src": "billsum_train", "title": "To establish in the Office of the United States Trade Representative an Assistant United States Trade Representative for Intellectual Property Rights."} | 1,160 | 149 | 0.540596 | 1.502804 | 0.686 | 3.661654 | 8.338346 | 0.93985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cybersecurity Protection
Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Center'' means the national cybersecurity and
communications integration center under section 226 of the Homeland
Security Act of 2002, as added by section 3;
(2) the term ``critical infrastructure'' has the meaning given
that term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101);
(3) the term ``cybersecurity risk'' has the meaning given that
term in section 226 of the Homeland Security Act of 2002, as added
by section 3;
(4) the term ``information sharing and analysis organization''
has the meaning given that term in section 212(5) of the Homeland
Security Act of 2002 (6 U.S.C. 131(5));
(5) the term ``information system'' has the meaning given that
term in section 3502(8) of title 44, United States Code; and
(6) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following:
``SEC. 226. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION
CENTER.
``(a) Definitions.--In this section--
``(1) the term `cybersecurity risk' means threats to and
vulnerabilities of information or information systems and any
related consequences caused by or resulting from unauthorized
access, use, disclosure, degradation, disruption, modification, or
destruction of information or information systems, including such
related consequences caused by an act of terrorism;
``(2) the term `incident' means an occurrence that--
``(A) actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system; or
``(B) constitutes a violation or imminent threat of
violation of law, security policies, security procedures, or
acceptable use policies;
``(3) the term `information sharing and analysis organization'
has the meaning given that term in section 212(5); and
``(4) the term `information system' has the meaning given that
term in section 3502(8) of title 44, United States Code.
``(b) Center.--There is in the Department a national cybersecurity
and communications integration center (referred to in this section as
the `Center') to carry out certain responsibilities of the Under
Secretary appointed under section 103(a)(1)(H).
``(c) Functions.--The cybersecurity functions of the Center shall
include--
``(1) being a Federal civilian interface for the multi-
directional and cross-sector sharing of information related to
cybersecurity risks, incidents, analysis, and warnings for Federal
and non-Federal entities;
``(2) providing shared situational awareness to enable real-
time, integrated, and operational actions across the Federal
Government and non-Federal entities to address cybersecurity risks
and incidents to Federal and non-Federal entities;
``(3) coordinating the sharing of information related to
cybersecurity risks and incidents across the Federal Government;
``(4) facilitating cross-sector coordination to address
cybersecurity risks and incidents, including cybersecurity risks
and incidents that may be related or could have consequential
impacts across multiple sectors;
``(5)(A) conducting integration and analysis, including cross-
sector integration and analysis, of cybersecurity risks and
incidents; and
``(B) sharing the analysis conducted under subparagraph (A)
with Federal and non-Federal entities;
``(6) upon request, providing timely technical assistance, risk
management support, and incident response capabilities to Federal
and non-Federal entities with respect to cybersecurity risks and
incidents, which may include attribution, mitigation, and
remediation; and
``(7) providing information and recommendations on security and
resilience measures to Federal and non-Federal entities, including
information and recommendations to--
``(A) facilitate information security; and
``(B) strengthen information systems against cybersecurity
risks and incidents.
``(d) Composition.--
``(1) In general.--The Center shall be composed of--
``(A) appropriate representatives of Federal entities, such
as--
``(i) sector-specific agencies;
``(ii) civilian and law enforcement agencies; and
``(iii) elements of the intelligence community, as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4));
``(B) appropriate representatives of non-Federal entities,
such as--
``(i) State and local governments;
``(ii) information sharing and analysis organizations;
and
``(iii) owners and operators of critical information
systems;
``(C) components within the Center that carry out
cybersecurity and communications activities;
``(D) a designated Federal official for operational
coordination with and across each sector; and
``(E) other appropriate representatives or entities, as
determined by the Secretary.
``(2) Incidents.--In the event of an incident, during exigent
circumstances the Secretary may grant a Federal or non-Federal
entity immediate temporary access to the Center.
``(e) Principles.--In carrying out the functions under subsection
(c), the Center shall ensure--
``(1) to the extent practicable, that--
``(A) timely, actionable, and relevant information related
to cybersecurity risks, incidents, and analysis is shared;
``(B) when appropriate, information related to
cybersecurity risks, incidents, and analysis is integrated with
other relevant information and tailored to the specific
characteristics of a sector;
``(C) activities are prioritized and conducted based on the
level of risk;
``(D) industry sector-specific, academic, and national
laboratory expertise is sought and receives appropriate
consideration;
``(E) continuous, collaborative, and inclusive coordination
occurs--
``(i) across sectors; and
``(ii) with--
``(I) sector coordinating councils;
``(II) information sharing and analysis
organizations; and
``(III) other appropriate non-Federal partners;
``(F) as appropriate, the Center works to develop and use
mechanisms for sharing information related to cybersecurity
risks and incidents that are technology-neutral, interoperable,
real-time, cost-effective, and resilient; and
``(G) the Center works with other agencies to reduce
unnecessarily duplicative sharing of information related to
cybersecurity risks and incidents;
``(2) that information related to cybersecurity risks and
incidents is appropriately safeguarded against unauthorized access;
and
``(3) that activities conducted by the Center comply with all
policies, regulations, and laws that protect the privacy and civil
liberties of United States persons.
``(f) No Right or Benefit.--
``(1) In general.--The provision of assistance or information
to, and inclusion in the Center of, governmental or private
entities under this section shall be at the sole and unreviewable
discretion of the Under Secretary appointed under section
103(a)(1)(H).
``(2) Certain assistance or information.--The provision of
certain assistance or information to, or inclusion in the Center
of, one governmental or private entity pursuant to this section
shall not create a right or benefit, substantive or procedural, to
similar assistance or information for any other governmental or
private entity.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by inserting after the item relating to section 225 the
following:
``Sec. 226. National cybersecurity and communications integration
center.''.
SEC. 4. RECOMMENDATIONS REGARDING NEW AGREEMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit recommendations on
how to expedite the implementation of information-sharing agreements
for cybersecurity purposes between the Center and non-Federal entities
(referred to in this section as ``cybersecurity information-sharing
agreements'') to--
(1) the Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate; and
(2) the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives.
(b) Contents.--In submitting recommendations under subsection (a),
the Secretary shall--
(1) address the development and utilization of a scalable form
that retains all privacy and other protections in cybersecurity
information-sharing agreements that are in effect as of the date on
which the Secretary submits the recommendations, including
Cooperative Research and Development Agreements; and
(2) include in the recommendations any additional authorities
or resources that may be needed to carry out the implementation of
any new cybersecurity information-sharing agreements.
SEC. 5. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this Act, and
every year thereafter for 3 years, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate, the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives, and the Comptroller General of the United States a
report on the Center, which shall include--
(a) information on the Center, including--
(1) an assessment of the capability and capacity of the Center
to carry out its cybersecurity mission under this Act;
(2) the number of representatives from non-Federal entities
that are participating in the Center, including the number of
representatives from States, nonprofit organizations, and private
sector entities, respectively;
(3) the number of requests from non-Federal entities to
participate in the Center and the response to such requests;
(4) the average length of time taken to resolve requests
described in paragraph (3);
(5) the identification of--
(A) any delay in resolving requests described in paragraph
(3) involving security clearance processing; and
(B) the agency involved with a delay described in
subparagraph (A);
(6) a description of any other obstacles or challenges to
resolving requests described in paragraph (3) and a summary of the
reasons for denials of any such requests;
(7) the extent to which the Department is engaged in
information sharing with each critical infrastructure sector,
including--
(A) the extent to which each sector has representatives at
the Center;
(B) the extent to which owners and operators of critical
infrastructure in each critical infrastructure sector
participate in information sharing at the Center; and
(C) the volume and range of activities with respect to
which the Secretary has collaborated with the sector
coordinating councils and the sector-specific agencies to
promote greater engagement with the Center; and
(8) the policies and procedures established by the Center to
safeguard privacy and civil liberties.
SEC. 6. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
on the effectiveness of the Center in carrying out its cybersecurity
mission.
SEC. 7. CYBER INCIDENT RESPONSE PLAN; CLEARANCES; BREACHES.
(a) Cyber Incident Response Plan; Clearances.--Subtitle C of title
II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), as
amended by section 3, is amended by adding at the end the following:
``SEC. 227. CYBER INCIDENT RESPONSE PLAN.
``The Under Secretary appointed under section 103(a)(1)(H) shall,
in coordination with appropriate Federal departments and agencies,
State and local governments, sector coordinating councils, information
sharing and analysis organizations (as defined in section 212(5)),
owners and operators of critical infrastructure, and other appropriate
entities and individuals, develop, regularly update, maintain, and
exercise adaptable cyber incident response plans to address
cybersecurity risks (as defined in section 226) to critical
infrastructure.
``SEC. 228. CLEARANCES.
``The Secretary shall make available the process of application for
security clearances under Executive Order 13549 (75 Fed. Reg. 162;
relating to a classified national security information program) or any
successor Executive Order to appropriate representatives of sector
coordinating councils, sector information sharing and analysis
organizations (as defined in section 212(5)), owners and operators of
critical infrastructure, and any other person that the Secretary
determines appropriate.''.
(b) Breaches.--
(1) Requirements.--The Director of the Office of Management and
Budget shall ensure that data breach notification policies and
guidelines are updated periodically and require--
(A) except as provided in paragraph (4), notice by the
affected agency to each committee of Congress described in
section 3544(c)(1) of title 44, United States Code, the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security and the Committee on the Judiciary of the
House of Representatives, which shall--
(i) be provided expeditiously and not later than 30
days after the date on which the agency discovered the
unauthorized acquisition or access; and
(ii) include--
(I) information about the breach, including a
summary of any information that the agency knows on the
date on which notification is provided about how the
breach occurred;
(II) an estimate of the number of individuals
affected by the breach, based on information that the
agency knows on the date on which notification is
provided, including an assessment of the risk of harm
to affected individuals;
(III) a description of any circumstances
necessitating a delay in providing notice to affected
individuals; and
(IV) an estimate of whether and when the agency
will provide notice to affected individuals; and
(B) notice by the affected agency to affected individuals,
pursuant to data breach notification policies and guidelines,
which shall be provided as expeditiously as practicable and
without unreasonable delay after the agency discovers the
unauthorized acquisition or access.
(2) National security; law enforcement; remediation.--The
Attorney General, the head of an element of the intelligence
community (as such term is defined under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary
may delay the notice to affected individuals under paragraph (1)(B)
if the notice would disrupt a law enforcement investigation,
endanger national security, or hamper security remediation actions.
(3) OMB report.--During the first 2 years beginning after the
date of enactment of this Act, the Director of the Office of
Management and Budget shall, on an annual basis--
(A) assess agency implementation of data breach
notification policies and guidelines in aggregate; and
(B) include the assessment described in clause (i) in the
report required under section 3543(a)(8) of title 44, United
States Code.
(4) Exception.--Any element of the intelligence community (as
such term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice
under paragraph (1)(A) shall only provide such notice to
appropriate committees of Congress.
(c) Rule of Construction.--Nothing in the amendment made by
subsection (a) or in subsection (b)(1) shall be construed to alter any
authority of a Federal agency or department.
(d) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note),
as amended by section 3, is amended by inserting after the item
relating to section 226 the following:
``Sec. 227. Cyber incident response plan.
``Sec. 228. Clearances.''.
SEC. 8. RULES OF CONSTRUCTION.
(a) Prohibition on New Regulatory Authority.--Nothing in this Act
or the amendments made by this Act shall be construed to grant the
Secretary any authority to promulgate regulations or set standards
relating to the cybersecurity of private sector critical infrastructure
that was not in effect on the day before the date of enactment of this
Act.
(b) Private Entities.--Nothing in this Act or the amendments made
by this Act shall be construed to require any private entity--
(1) to request assistance from the Secretary; or
(2) that requested such assistance from the Secretary to
implement any measure or recommendation suggested by the Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 10, 2014. National Cybersecurity Protection Act of 2014 - (Sec. 3) Amends the Homeland Security Act of 2002 to establish a national cybersecurity and communications integration center in the Department of Homeland Security (DHS) to carry out the responsibilities of the DHS Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and related DHS programs. Requires the center to be the federal civilian interface for sharing cybersecurity risks, incidents, analysis, and warnings for federal and non-federal entities. Directs the center to: (1) enable real-time, integrated, and operational actions across federal and non-federal entities; (2) facilitate cross-sector coordination to address risks and incidents that may be related or could have consequential impacts across multiple sectors; (3) conduct and share analysis; and (4) provide technical assistance, risk management, and security measure recommendations. Directs the center to ensure: (1) continuous, collaborative, and inclusive coordination across sectors and with sector coordinating councils, information sharing and analysis organizations, and other appropriate non-federal partners; (2) development and use of technology-neutral, real-time mechanisms for sharing information about risks and incidents; and (3) safeguards against unauthorized access. Provides the Under Secretary with unreviewable discretion as to whether governmental or private entities are included in the center or are provided assistance or information. (Sec. 4) Requires the DHS Secretary to submit to Congress recommendations regarding how to expedite implementation of information-sharing agreements for cybersecurity purposes between the center and non-federal entities. (Sec. 5) Directs the Secretary to report annually to Congress concerning: (1) the number of non-federal participants, the length of time taken to resolve requests to participate in the center, and the reasons for any denials of such requests; (2) DHS's information sharing with each critical infrastructure sector; and (3) privacy and civil liberties safeguards. (Sec. 6) Requires a Comptroller General (GAO) report on the effectiveness of the center. (Sec. 7) Directs the Under Secretary to develop, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. Requires the Secretary to make the application process for security clearances relating to a classified national security information program available to sector coordinating councils, sector information sharing and analysis organizations, and owners and operators of critical infrastructure. Directs the Office of Management and Budget (OMB) to ensure that data breach notification policies require affected agencies, after discovering an unauthorized acquisition or access, to notify: (1) Congress within 30 days, and (2) affected individuals as expeditiously as practicable. Allows the Attorney General (DOJ), heads of elements of the intelligence community, or the Secretary to delay notice to affected individuals for purposes of law enforcement investigations, national security, or security remediation actions. Requires OMB to assess agency implementation of data breach notification policies. (Sec. 8) Prohibits this Act from being construed to: (1) grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the enactment of this Act, or (2) require any private entity to request the Secretary's assistance or to implement any recommendation suggested by the Secretary in response to such a request. | {"src": "billsum_train", "title": "National Cybersecurity Protection Act of 2014"} | 3,725 | 738 | 0.529422 | 1.732102 | 0.622563 | 3.56315 | 5.185736 | 0.918276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Interstate Driver Equity Act of
2002''.
SEC. 2. REGULATION OF INTERSTATE PRE-ARRANGED GROUND TRANSPORTATION
SERVICE.
Section 14501 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Pre-Arranged Ground Transportation.--
``(1) In general.--No State or political subdivision thereof
and no interstate agency or other political agency of 2 or more
States shall enact or enforce any law, rule, regulation, standard
or other provision having the force and effect of law requiring a
license or fee on account of the fact that a motor vehicle is
providing pre-arranged ground transportation service if the motor
carrier providing such service--
``(A) meets all applicable registration requirements under
chapter 139 for the interstate transportation of passengers;
``(B) meets all applicable vehicle and intrastate passenger
licensing requirements of the State or States in which the
motor carrier is domiciled or registered to do business; and
``(C) is providing such service pursuant to a contract
for--
``(i) transportation by the motor carrier from one
State, including intermediate stops, to a destination in
another State; or
``(ii) transportation by the motor carrier from one
State, including intermediate stops in another State, to a
destination in the original State.
``(2) Intermediate stop defined.--In this section, the term
`intermediate stop', with respect to transportation by a motor
carrier, means a pause in the transportation in order for one or
more passengers to engage in personal or business activity, but
only if the driver providing the transportation to such passenger
or passengers does not, before resuming the transportation of such
passenger (or at least 1 of such passengers), provide
transportation to any other person not included among the
passengers being transported when the pause began.
``(3) Matters not covered.--Nothing in this subsection shall be
construed--
``(A) as subjecting taxicab service to regulation under
chapter 135 or section 31138;
``(B) as prohibiting or restricting an airport, train, or
bus terminal operator from contracting to provide preferential
access or facilities to one or more providers of pre-arranged
ground transportation service; and
``(C) as restricting the right of any State or political
subdivision of a State to require, in a nondiscriminatory
manner, that any individual operating a vehicle providing
prearranged ground transportation service originating in the
State or political subdivision have submitted to pre-licensing
drug testing or a criminal background investigation of the
records of the State in which the operator is domiciled, by the
State or political subdivision by which the operator is
licensed to provide such service, or by the motor carrier
providing such service, as a condition of providing such
service.''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 13102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (17), (18), (19), (20), (21),
and (22) as paragraphs (18), (19), (21), (22), (23), and (24),
respectively;
(2) by inserting after paragraph (16) the following:
``(17) Pre-arranged ground transportation service.--The term
`pre-arranged ground transportation service' means transportation
for a passenger (or a group of passengers) that is arranged in
advance (or is operated on a regular route or between specified
points) and is provided in a motor vehicle with a seating capacity
not exceeding 15 passengers (including the driver).''; and
(3) by inserting after paragraph (19) (as so redesignated) the
following:
``(20) Taxicab service.--The term `taxicab service' means
passenger transportation in a motor vehicle having a capacity of
not more than 8 passengers (including the driver), not operated on
a regular route or between specified places, and that--
``(A) is licensed as a taxicab by a State or a local
jurisdiction; or
``(B) is offered by a person that--
``(i) provides local transportation for a fare
determined (except with respect to transportation to or
from airports) primarily on the basis of the distance
traveled; and
``(ii) does not primarily provide transportation to or
from airports.''.
(b) Conforming Amendments.--
(1) Motor carrier transportation.--Section 13506(a)(2) of title
49, United States Code, is amended to read as follows:
``(2) a motor vehicle providing taxicab service;''.
(2) Minimum financial responsibility.--Section 31138(e)(2) of
such title is amended to read as follows:
``(2) providing taxicab service (as defined in section
13102);''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Real Interstate Driver Equity Act of 2001 - Amends Federal transportation law to prohibit a State or political subdivision or an interstate agency of two or more States from enacting or enforcing any law, rule, or regulation requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service, if the motor carrier providing such service: (1) meets all applicable registration and vehicle and intrastate passenger licensing requirements; and (2) is providing such service, including intermediate stops in another State without taking on new passengers, pursuant to a contract for interstate and intrastate passenger travel.Declares that nothing in this Act shall be construed as: (1) subjecting taxicab service to Federal regulation (including certain Federal minimum financial responsibility requirements); (2) prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; or (3) restricting the right of a State to require, in a nondiscriminatory manner, an individual operating a vehicle providing prearranged ground transportation service originating in the State to have submitted to pre-licensing drug testing or a criminal background investigation in the operator's domicile State, by the State in which the operator is licensed to provide the service, or by the motor carrier providing it, as a condition of providing such service. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to prohibit States from requiring a license or fee on account of the fact that a motor vehicle is providing interstate pre-arranged ground transportation service, and for other purposes."} | 1,106 | 305 | 0.749705 | 2.090317 | 0.857282 | 4.800752 | 3.93609 | 0.921053 |
SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nurse and Health
Care Worker Protection Act of 2013''.
(b) Findings.--Congress finds the following:
(1) In 2011, registered nurses ranked fifth among all
occupations for the number of cases of musculoskeletal
disorders resulting in days away from work, with 11,880 total
cases. In 2011, nursing assistants reported 25,010 cases--the
highest of all occupations. The leading cause of these health
care employees' injuries is patient lifting, transferring, and
repositioning injuries, which constitute a significant risk to
the health and welfare of those employees.
(2) The physical demands of the nursing profession lead
many nurses to leave the profession. Fifty-two percent of
nurses complain of chronic back pain and 38 percent suffer from
pain severe enough to require leave from work. Many nurses and
other health care workers suffering back injury do not return
to work. These consequences constitute a material impairment of
health for these employees.
(3) Patients are not at optimum levels of safety while
being lifted, transferred, or repositioned manually. Mechanical
and other appropriate lift programs can substantially reduce
skin tears and pressure ulcers suffered by patients and the
frequency of patients being dropped, thus allowing patients a
safer means to progress through their care.
(4) The development of assistive patient handling
technology, equipment, and devices has essentially rendered the
act of strict manual patient handling outdated and typically
unnecessary as a function of nursing care.
(5) A growing number of health care facilities that have
incorporated patient handling technology and practices have
reported positive results. Injuries among nursing staff and
health care workers have dramatically declined at health care
facilities implementing safe patient handling technology,
equipment, devices, and practices. As a result, the number of
lost work days due to injury and staff turnover has declined.
Studies have also shown that assistive patient handling
technology successfully reduces workers' compensation costs for
musculoskeletal disorders.
(6) A number of States have implemented safe patient
handling, mobility and injury prevention standards. The success
of these programs at the facility and State level demonstrates
the feasibility of such standards.
(7) Establishing a safe patient handling, mobility, and
injury prevention standard for direct-care registered nurses
and other health care workers is a critical component
reasonably necessary for protecting the health and safety of
nurses and other health care workers, addressing the nursing
shortage, and increasing patient safety.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; findings; table of contents.
Sec. 2. Safe patient handling, mobility, and injury prevention
standard.
Sec. 3. Application of safe patient handling, mobility, and injury
prevention standard to facilities receiving
Medicare and Medicaid funds.
Sec. 4. Nonpreemption.
Sec. 5. Definitions.
SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION
STANDARD.
(a) Rulemaking.--Notwithstanding any other provision of law, not
later than 1 year after the date of enactment of this Act, the
Secretary of Labor shall, pursuant to section 6 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim
final standard on safe patient handling, mobility, and injury
prevention (in this section such standard is referred to as the ``safe
patient handling, mobility, and injury prevention standard'') to
prevent musculoskeletal disorders for direct-care registered nurses and
all other health care workers handling patients. A final safe patient
handling, mobility, and injury prevention standard shall be promulgated
not later than 2 years after the date of enactment of this Act.
(b) Requirements.--The safe patient handling, mobility, and injury
prevention standard shall require the use of engineering and safety
controls to perform handling of patients and the elimination of
injuries from manual handling of patients by direct-care registered
nurses and all other health care workers, through the development of a
comprehensive program, to include the use of mechanical technology and
devices to the greatest degree feasible. Where the use of mechanical
technology and devices is not feasible, the standards shall require the
use of alternative controls and measures, including trained, designated
lift teams, to minimize the risk of injury to nurses and health care
workers resulting from the manual handling of patients. The standard
shall apply to all health care employers, shall generally align with
interprofessional national safe patient handling, mobility, and injury
prevention standards, and shall include the following:
(1) Program development.--A requirement that each health
care employer shall develop and implement a safe patient
handling, mobility, and injury prevention program within 6
months of the date of promulgation of the final standard, which
program shall include hazard identification, risk assessments,
and control measures in relation to patient care duties and
patient handling.
(2) Technology and equipment purchase and management.--A
requirement that, within 2 years of the date of promulgation of
the final standard, each health care employer shall purchase,
use, maintain, and make accessible to health care workers, such
safe patient handling equipment, technology, and accessories as
the Secretary determines appropriate.
(3) Health care worker participation.--A requirement that
each health care employer shall obtain input from health care
workers, to include direct care registered nurses, health care
workers, their representatives, and their collective bargaining
agents, in developing and implementing the safe patient
handling, mobility, and injury prevention program, including
the purchase of technology and equipment and necessary
accessories.
(4) Data tracking and review.--A requirement that each
health care employer shall establish a review program to
analyze data relevant to the implementation of the employers'
safe patient handling, mobility, and injury prevention program,
and shall account for circumstances where safe patient handling
technology and equipment, or trained, designated lift teams,
were not utilized in accordance with the health care employers
safe patient handling, mobility, and injury prevention
standard. Each health care employer shall upon request, make
available their findings and data used in such review, to
health care workers, their representatives, their collective
bargaining agents, and the Secretary or other Federal agency.
(5) Incorporation of technology into facilities.--A
requirement that each health care employer shall consider the
feasibility of incorporating safe patient handling technology
as part of process of new facility design and construction, or
facility remodeling.
(6) Education and training.--A requirement that each health
care employer shall train health care workers on safe patient
handling, mobility, and injury prevention policies, technology,
equipment, and devices, initially, and on a continuing annual
basis, and as necessary. Such training shall prepare health
care workers, including designated lift teams, to identify,
assess, and control musculoskeletal hazards of a general
nature, and those specific to particular patient care areas,
and shall be conducted by an individual with knowledge in the
subject matter, and delivered, at least in part, in an
interactive simulated point-of-care training and hands-on
format that reflects the specific demands of a health care
workers' duties.
(7) Notice of safe patient handling and rights under this
act.--A requirement that each health care employer shall post a
uniform notice in a form specified by the Secretary that--
(A) explains the safe patient handling, mobility,
and injury prevention standard;
(B) includes information regarding safe patient
handling, mobility, and injury prevention policies and
training;
(C) explains procedures to report patient handling-
related injuries; and
(D) explains health care workers' rights under this
Act.
(8) Annual evaluation.--A requirement that each health care
employer shall conduct an annual written evaluation of the
implementation of the safe patient handling, mobility, and
injury prevention program, including handling procedures,
selection of technology, equipment, and engineering controls,
assessment of injuries, and new safe patient handling,
mobility, and injury prevention technology and devices that
have been developed. The evaluation shall be conducted with the
involvement of nurses, other health care workers, their
representatives, and their collective bargaining agents, and
their input shall be documented in the evaluation. Health care
employers shall take corrective action as recommended in the
written evaluation.
(9) Right to refuse unsafe assignment.--A requirement that
each health care employer shall provide procedures under which
a health care worker or employee may refuse to perform the
employee's duties if the employee has a reasonable apprehension
that performing such duties would violate the safe patient
handling, mobility, and injury prevention standard, and would
result in injury or impairment of health to the health care
worker, other health care workers, or patients. Where
practicable, the health care worker must have communicated the
health or safety concern to the health care employer and have
not been able to obtain a correction of the violation.
(c) Inspections.--The Secretary of Labor shall conduct unscheduled
inspections under section 8 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with
the safe patient handling, mobility, and injury prevention standard.
SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY
PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND
MEDICAID FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)(V), by inserting ``and safe
patient handling, mobility, and injury prevention standard (as
initially promulgated under section 2 of the Nurse and Health
Care Worker Protection Act of 2009)'' before the period at the
end; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), inserting ``and the safe
patient handling, mobility, and injury prevention
standard'' after ``Bloodborne Pathogens standard''; and
(B) in subparagraph (B), inserting ``or the safe
patient handling, mobility, and injury prevention
standard'' after ``Bloodborne Pathogens standard''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to health care facilities 1 year after date of issuance of the
final safe patient handling, mobility, and injury prevention standard
required under section 2.
SEC. 4. NONPREEMPTION.
(a) Effect on Other Laws.--Nothing in this Act shall be construed
to--
(1) preempt any law, rule, or regulation of a State or
political subdivision of a State, unless such law, rule, or
regulation is in conflict with this Act or a regulation or
order issued under this Act; or
(2) impair or diminish in any way the authority of any
State to enact and enforce any law which provides equivalent or
greater protections for employees engaging in conduct protected
under this Act.
(b) Rights Retained by Health Care Workers.--Nothing in this Act
shall be construed to diminish the rights, privileges, or remedies of
any health care worker or employee under any Federal or State law, or
under any collective bargaining agreement.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Direct-care registered nurse.--The term ``direct-care
registered nurse'' means an individual who has been granted a
license by at least one State to practice as a registered nurse
and who provides bedside care or outpatient services for one or
more patients or residents.
(2) Employee.--The term ``employee'' means any individual
employed by a health care employer, to include health care
workers, as well as employees who do not qualify as health care
workers, including independent contractors.
(3) Employment.--The term ``employment'' includes the
provision of services under a contract or other arrangement.
(4) Handling.--The term ``handling'' includes actions such
as lifting, transferring, repositioning, mobilizing, moving, or
any other action involving the physical movement, manipulation,
or support of a patient by a health care worker, or any direct
patient care action which presents a risk of musculoskeletal
injury.
(5) Health care employer.--The term ``health care
employer'' means an outpatient health care facility, hospital,
nursing home, home health care agency, social assistance
facility or program, hospice, federally qualified health
center, nurse managed health center, rural health clinic, or
any similar health care facility that employs direct-care
registered nurses or other health care workers.
(6) Health care worker.--The term ``health care worker''
means an individual who has been assigned by a health care
employer to engage in patient handling, including direct-care
registered nurses, independent contractors, or individuals who
perform the duties of health care workers.
(7) Lift team.--The term ``lift team'' means health care
workers with specialized training and knowledge of safe patient
handling, mobility, and injury prevention practices and
technology. | Nurse and Health Care Worker Protection Act of 2013 - Requires the Secretary of Labor to promulgate an interim final standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering and safety controls to handle patients through the use of mechanical technology and devices where feasible. Requires, however, the use of alternative controls and measures, including trained, designated lift teams, where such technology and devices are not feasible, in order to minimize the risk of injury to nurses and health care workers. Includes among the requirements of a final standard that health care employers: (1) develop and implement a safe patient handling, mobility, and injury prevention program; (2) train their workers on safe patient handling, mobility, and injury prevention; and (3) post a uniform notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Requires the Secretary to conduct unscheduled inspections to ensure compliance with the standard. Amends title XVIII (Medicare) of the Social Security Act to apply the safe patient handling, mobility, and injury prevention standard to hospitals receiving Medicare funds. | {"src": "billsum_train", "title": "Nurse and Health Care Worker Protection Act of 2013"} | 2,808 | 261 | 0.637604 | 2.011962 | 0.877344 | 4.880851 | 11.353191 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Libraries Enhancement Act of
2001.''
SEC. 2. DEFINITIONS.
Section 213 of the Library Services and Technology Act (20 U.S.C.
9122) is amended by adding at the end the following new paragraphs:
``(7) Construction.--The term `construction' includes
construction of new buildings and acquisition, expansion,
remodeling, and alteration of existing buildings, and for the
purchase, lease, and installation of equipment of any such
buildings, or any combination of such activities (including
architects' fees and the cost of acquisition of land). Such
term includes remodeling to meet standards under the Act of
August 12, 1968, commonly known as the `Architectural Barriers
Act of 1968 (42 U.S.C. 4151 et seq.), remodeling designed to
ensure safe working environments and to conserve energy,
renovation or remodeling to accommodate new technologies, and
the purchase of existing historic buildings for conversion to
public libraries. For the purposes of this paragraph, the term
``equipment'' includes information and building technologies,
video and telecommunications equipment, machinery, utilities,
and built-in equipment and any necessary enclosures or
structures to house them; and such term includes all other
items necessary for the functioning of a particular facility as
a facility for the provision of library services.
``(8) Reference materials.--The term `reference materials'
includes any books, videotapes and audiotapes, magazines,
newspapers, software, and other library and media materials,
regardless of format, that are made available for public
reference.
``(9) Rural area.--The term `rural area' when used with
respect to the location of any library means that the library
is located in a non-metropolitan county, as designated by the
Bureau of the Census using the metropolitan statistical area
method, except that a portion of an urban metropolitan county
may be classified as rural area for such purpose if its census
block or tract number is identified by the `Goldsmith
Modification' methodology as a rural `pocket' areas within a
larger urban metropolitan county.''.
SEC. 3. INCREASE IN AUTHORIZATION OF APPROPRIATIONS.
Section 214(a) of the Library Services and Technology Act (20
U.S.C. 9123(a)) is amended--
(1) in paragraph (2)(A), by inserting ``or (2)'' after
``paragraph (1)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Construction; acquisition; operations.--In addition
to the amounts authorized to be appropriated by paragraph (1),
there are authorized to be appropriated $300,000,000 for fiscal
year 2002 and such sums as may be necessary for each of the
fiscal years 2003 through 2006 to carry out section 232 of this
subtitle.''.
SEC. 3. AUTHORITY TO USE FUNDS FOR CONSTRUCTION, ACQUISITION, AND
OPERATION.
Chapter 2 of the Library Services and Technology Act is amended--
(1) in section 231(a) (20 U.S.C. 9141(a))--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
(C) by adding at the end the following new
paragraph:
``(3) conducting library construction, acquiring reference
materials, and operating public libraries during hours of
library service to the public, in accordance with section 232.'';
(2) in section 231(b)--
(A) by striking ``(1) and (2)'' and inserting
``(1), (2) and (3)''; and
(B) by inserting before the period at the end the
following: ``, subject to the limitations in section
232(a)''; and
(2) by adding at the end the following new section:
``SEC. 232. USE OF FUNDS FOR CONSTRUCTION, ACQUISITION, AND OPERATION.
``(a) Identification of Amounts Available for Construction.--From
the amount allotted to any State under section 221, the Secretary shall
identify the portion of the allotment that is attributable to
appropriations pursuant to section 214(a)(2). A State may, in
accordance with this section, use not more than that portion of such
allotment for the Federal share of the cost of any one or more of the
following purposes:
``(1) library construction;
``(2) acquisition of reference materials; and
``(3) operation of public libraries during hours of library
service to the public.
Any amounts of that portion that are not used for such purposes shall
be used for purposes described in paragraph (1) or (2) of section
231(a).
``(b) Matching Requirement.--For the purposes of subsection (a),
the Federal share of the cost of any activity under subsection (a)
shall not exceed, as a percentage the total cost of the activity, the
percentage specified in section 223(b)(1).
``(c) Requirements for Use of Funds for Construction.--Any State
that intends to use a portion of its allotment for the purposes of
construction shall revise its State plan under section 224--
``(1) to revise the goals and priorities specified pursuant
to section 224(b)(1) consistent with the purposes of this
section;
``(2) to describe, consistent with the requirements of
section 224(b)(2), the activities that the agency will carry
out under this section; and
``(3) to specify the procedures by which the State library
administrative agency will competitively award grants for
library construction under this section.
Such revisions shall be subject to approval or disapproval by the
Director.
``(d) Minimum and Maximum Awards.--Of the amount of funds provided
under this section that are used by any State for library construction,
acquisition of reference materials, or library operation in any fiscal
year--
``(1) not less than 35 percent shall be used in rural
areas; and
``(2) not more than $1,000,000 may be used for the
construction or benefit of any single library facility.
``(e) Labor Standards.--It shall be a condition of the receipt of
any grant under this section that the State library administrative
agency and any recipient of any grant under this section for purposes
of construction furnish adequate assurances to the Secretary of Labor
that all laborers and mechanics employed by contractors or
subcontractors on construction projects assisted under this section
shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a et
seq.). The Secretary of Labor shall have with respect to the labor
standards specified in this subsection the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 and section 2 of the
Davis-Bacon Act (40 U.S.C. 276c).
``(f) Continued Use for Library Purposes.--If, within 20 years
after completion of construction of any library facility which has been
constructed in part with funds made available under this title--
``(1) the recipient (or its successor in title or
possession) ceases or fails to be a public or nonprofit
institution, or
``(2) the facility ceases to be used as a library facility,
unless the Secretary determines that there is good cause for
releasing the institution from its obligation,
the United States shall be entitled to recover from such recipient (or
successor) an amount which bears the same ratio to the value of the
facility at that time (or part thereof constituting an approved project
or projects) as the amount of the Federal grant bore to the cost of
such facility (or part thereof). The value shall be determined by the
parties or by action brought in the United States district court for
the district in which the facility is located.''. | Public Libraries Enhancement Act of 2001 - Amends the Library Services and Technology Act to authorize increased appropriations for FY 2002 through 2006 for State allotments. Directs the Secretary of Education to identify the increased portion of a State's allotment. Authorizes a State to use such portion as the Federal share for any of the following: (1) new library construction, existing facilities remodeling, and equipment purchase, lease, and installation; (2) acquisition of reference materials; or (3) operation of public libraries during hours of library service to the public. | {"src": "billsum_train", "title": "To increase the authorization of funds under the Library Services and Technology Act, to provide funds for construction of libraries under such Act, and for other purposes."} | 1,762 | 118 | 0.473981 | 1.210808 | 0.575447 | 3.67619 | 15.819048 | 0.895238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Responsibility and
Awareness of Chemicals Act'' or the ``FRAC Act''.
SEC. 2. REGULATION OF HYDRAULIC FRACTURING.
(a) Underground Injection.--Section 1421(d) of the Safe Drinking
Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and
inserting the following:
``(1) Underground injection.--
``(A) In general.--The term `underground injection'
means the subsurface emplacement of fluids by well
injection.
``(B) Inclusion.--The term `underground injection'
includes the underground injection of fluids or
propping agents pursuant to hydraulic fracturing
operations relating to oil or natural gas production
activities.
``(C) Exclusion.--The term `underground injection'
does not include the underground injection of natural
gas for the purpose of storage.''.
(b) State Primary Enforcement Relating to Hydraulic Fracturing
Operations.--Section 1422 of the Safe Drinking Water Act (42 U.S.C.
300h-1) is amended by adding at the end the following:
``(f) Hydraulic Fracturing Operations.--
``(1) In general.--Consistent with such regulations as the
Administrator may prescribe, a State may seek primary
enforcement responsibility for hydraulic fracturing operations
for oil and natural gas without seeking to assume primary
enforcement responsibility for other types of underground
injection control wells, including underground injection
control wells that inject brine or other fluids that are
brought to the surface in connection with oil and natural gas
production or any underground injection for the secondary or
tertiary recovery of oil or natural gas.
``(2) Administration.--
``(A) In general.--Paragraph (1) shall not apply
until the date that is 1 year after the date on which
the Administrator publishes in the Federal Register any
regulations promulgated under that paragraph.
``(B) Effect on administrator.--Nothing in this
subsection affects the authority of the Administrator
to approve State programs that assume primary
enforcement responsibility for only certain types of
underground injection control wells.''.
(c) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42
U.S.C. 300h(b)) is amended by adding at the end the following:
``(4) Disclosures of chemical constituents.--
``(A) In general.--A person conducting hydraulic
fracturing operations shall disclose to the State (or
to the Administrator, in any case in which the
Administrator has primary enforcement responsibility in
a State), by not later than such deadlines as shall be
established by the State (or the Administrator)--
``(i) before the commencement of any
hydraulic fracturing operations at any lease
area or a portion of a lease area, a list of
chemicals and proppants intended for use in any
underground injection during the operations
(including identification of the chemical
constituents of mixtures, Chemical Abstracts
Service numbers for each chemical and
constituent, material safety data sheets if
available, and the anticipated amount of each
chemical to be used); and
``(ii) after the completion of hydraulic
fracturing operations described in clause (i),
the list of chemicals and proppants used in
each underground injection during the
operations (including identification of the
chemical constituents of mixtures, Chemical
Abstracts Service numbers for each chemical and
constituent, material safety data sheets if
available, and the amount of each chemical
used).
``(B) Public availability.--The State or the
Administrator, as applicable, shall--
``(i) ensure the accuracy and completeness
of the information required under subparagraph
(A); and
``(ii) make available to the public the
information contained in each disclosure
required under subparagraph (A), including by
posting the information on a single, searchable
Internet website such that all the information
disclosed to the State or Administrator, as
applicable, under that subparagraph is
contained on the same Internet website.
``(C) Immediate disclosure in case of medical need
or emergency.--
``(i) In general.--Subject to clause (ii),
the regulations promulgated pursuant to
subsection (a) shall require that, in any case
in which the State or the Administrator, as
applicable, a first responder, or healthcare
practitioner determines that the proprietary
chemical formula or specific chemical identity
of a trade-secret chemical used in hydraulic
fracturing is necessary for medical diagnosis,
treatment, or emergency response, the
applicable person using hydraulic fracturing
shall, upon request, immediately disclose to
the State, the Administrator, first responder,
or healthcare practitioner the proprietary
chemical formula or specific chemical identity
of a trade-secret chemical, regardless of the
existence of--
``(I) a written statement of need;
or
``(II) a confidentiality agreement.
``(ii) Requirement.--A person using
hydraulic fracturing that makes a disclosure
required under clause (i) may require the
execution of a written statement of need and a
confidentiality agreement as soon as
practicable after the determination by the
State, Administrator, first responder, or
healthcare practitioner, as applicable, under
that clause.
``(iii) Professional necessity.--
``(I) In general.--Subject to
subclause (II), a first responder or
healthcare practitioner may share any
information disclosed under clause (i)
with other persons if the information
is medically necessary.
``(II) Restriction.--A first
responder or healthcare practitioner
described in subclause (I) shall not
make publicly available any information
disclosed under clause (i).
``(D) No public disclosure required.--Nothing in
subparagraph (A), (B), or (C) authorizes a State or the
Administrator to publicly disclose any proprietary
chemical formula.''. | Fracturing Responsibility and Awareness of Chemicals Act or FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and natural gas production activities under such Act. Amends the Safe Drinking Water Act to allow the Administrator of the Environmental Protection Agency (EPA) to prescribe regulations that authorize a state, one year after such regulations are promulgated, to seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals and proppants intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to ensure the accuracy and completeness of the disclosed information and make it available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, a first responder, or healthcare practitioner upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. Authorizes first responders or healthcare practitioners to share any information disclosed with other persons if the information is medically necessary, but prohibits such personnel from making such information publicly available. | {"src": "billsum_train", "title": "FRAC Act"} | 1,337 | 445 | 0.676456 | 2.114625 | 0.872734 | 3.84127 | 3.137566 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Transit Improvement and
Flexibility Act of 2009''.
SEC. 2. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.
Section 5311(c)(2) of title 49, United States Code, is amended--
(1) in subparagraph (A), by striking ``20 percent'' and
inserting ``25 percent''; and
(2) in subparagraph (B), by striking ``80 percent'' and
inserting ``75 percent''.
SEC. 3. FLEXIBLE USE OF ELDERLY AND DISABLED FUNDING.
Section 5310 of title 49, United States Code, is amended by--
(1) in subsection (a), by adding at the end the following:
``(5) Operating costs.--A State may use not more than 25
percent of the amounts apportioned to the State under this
section for operating costs of equipment and facilities that
are or have been funded in whole or part under this section.'';
and
(2) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Operating assistance.--
``(A) In general.--Except as provided in
subparagraph (B), a grant made under this section for
operating assistance may not exceed 50 percent of the
net operating costs of the project, as determined by
the Secretary.
``(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government share of
the net operating costs equal to 62.5 percent of the
Government share provided for under paragraph
(1)(B).''.
SEC. 4. PILOT PROGRAM FOR TRANSIT CENTERS IN SMALLER CITIES AND TOWNS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5311 the following:
``Sec. 5311a. Pilot program for transit centers in smaller cities and
towns
``(a) In General.--The Secretary shall establish a program
(referred to in this section as the `program') of grants to eligible
States for the purpose of establishing transit centers in urbanized
areas with a population of less than 200,000 and in areas other than
urbanized areas. Such transit centers may include multimodal
transportation centers that include transit centers.
``(b) Purpose.--The purpose of the program is to facilitate the
development of transit service in areas that, historically, may not
have received adequate attention to the development of transit service
by providing facilities that have the potential to be transformational
with respect to the provision of improved transit service in a
community.
``(c) Definitions.--In this section--
``(1) the term `eligible State' means a State with a
population density of less than 100 persons per square mile of
land area, based on the most recent decennial census at the
time an application is filed; and
``(2) the definitions of `recipient' and `subrecipient' in
section 5311(a) shall apply.
``(d) Procedures.--
``(1) In general.--The Secretary shall develop
administrative procedures and requirements for the
implementation of this section, including any application
procedures, and may pattern such procedures and requirements
after requirements applicable to discretionary bus grants under
section 5309, but shall streamline such processes and limit
requirements to the maximum extent possible, to facilitate
prompt implementation of the program and to minimize the
regulatory burden on grant recipients and subrecipients.
``(2) Development.--The Secretary shall develop proposed
procedures under this subsection and publish them in the
Federal Register for comment within 60 days of the date of
enactment of this section. Final procedures shall be adopted
within 60 days of the close of said comment period.
``(e) Distribution.--In distributing funds pursuant to this
section--
``(1) the Secretary shall, prior to the completion of
fiscal year 2012, award grants to establish at least one such
center in each eligible State, provided that satisfactory
applications have been filed from each eligible State in a
timely manner to enable such distribution; and
``(2) prior to the completion of fiscal year 2015, shall
award grants to establish at least 2 such centers in each
eligible State, provided that satisfactory applications have
been filed from each eligible State in a timely manner to
enable such distribution.
``(f) Administration Costs.--A recipient may use not more than 10
percent of amounts awarded under this section for a project to
administer, plan, and provide technical assistance for that project
funded under this section. A recipient may allocate to a subrecipient
all or part of the amount the recipient may use under this subsection
to administer, plan, and provide technical assistance for a project.
``(g) Eligible Expenses and Government Share.--Except for
administrative expenses authorized under subsection (f), grants under
this program shall be only for capital expenses, including buildings,
facilities for the maintenance and repair of buses and other transit
vehicles, off street transit vehicle stop space and transit vehicle
parking space, passenger seating areas, and other capital expenditures
as the Secretary may determine appropriate. The Government share of
capital costs under this section shall be 100 percent.''.
(b) Funding.--From the Mass Transit Account of the Highway Trust
Fund there shall be made available to carry out the program established
pursuant to section 5311a of title 49, United States Code, $25,000,000
for fiscal year 2010 and $50,000,000 for each of fiscal years 2011
through 2015. All such amounts are to remain available until expended. | Rural Transit Improvement and Flexibility Act of 2009 - Revises the apportionment of nonurbanized formula grants for amounts remaining after apportionment for grants to Indian tribes for public transportation on Indian reservations for FY2006-FY2009. Increases from 20% to 25% the amount of remaining funds to be apportioned to a state based on its land area. Decreases correspondingly from 80% to 75% the amount of remaining funds to be apportioned to a state based on population in nonurbanized areas.
Limits to 25% of its apportionment for a formula grant for a capital project for the special needs of elderly individuals and individuals with disabilities the amount a state may use for operating costs of equipment and facilities.
Limits a grant for operating assistance from exceeding 50% of the net operating project costs. Increases such limit to 62.5% of the government share of project costs in the case of a state containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved), national forests, and national parks and monuments.
Requires the Secretary of Transportation to establish a pilot program for the award of grants to states to establish transit centers to improve transit service (buses and other transit vehicles) in urbanized areas with a population of less than 200,000 and in nonurbanized areas. | {"src": "billsum_train", "title": "A bill to improve transit services, including in rural States."} | 1,252 | 306 | 0.573539 | 1.649896 | 0.705248 | 1.809917 | 4.809917 | 0.752066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Language Economic
Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Foreign language proficiency will help Americans to
understand other customs and cultures, conduct effective
foreign policy, expand international trade, ensure the
integrity of national defense and security, and develop a truly
broad-based education for all citizens.
(2) The business community suffers from United States
educational deficiencies, including inadequate foreign language
instruction. To compete, Americans must know more about their
economic partners and competitors. To do business overseas,
Americans must understand the customer's language and customs.
(3) Of the world's 10 most populous languages, representing
potential markets, 6 of them, Malay-Indonesian, Bengali, Hindi,
Portuguese, and some dialects of Arabic and Chinese, are not
widely taught in the United States.
(4) In Europe, there are dozens of universities with
schools of practical interpretation and translation. In the
United States, very few institutions of higher education offer
training in translation and interpretation, and only one offers
an undergraduate degree program.
(5) Most professional interpreters and translators working
in the United States are foreign-born or received their
professional training in other countries.
(6) Only 8 percent of our universities require foreign
languages for admission, and only 5 percent of our college
graduates are fluent in any language other than English.
American colleges and universities must place a new emphasis on
improving the teaching of foreign languages, regional studies,
and international studies to help meet such challenges.
(7) Many teachers lack adequate international preparation.
Only 5 percent of current elementary and secondary teachers
ever took international relations, or geography courses while
in school.
(8) Fewer than 5 percent of the elementary school students
in this country receive foreign language instruction, and only
17 percent of United States public elementary schools offer any
form of language instruction.
(9) As new and increased language instruction becomes
necessary, educators to teach these languages are becoming
increasingly difficult to find. 35 States are currently
reporting a shortage in foreign language teachers.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``institution of higher education'' has
meaning provided by section 1201 of the Higher Education Act of
1965;
(2) the term ``Secretary'' means the Secretary of
Education;
(3) the term ``State education agency'' has the meaning
provided by section 1201 of the Higher Education Act of 1965;
and
(4) the term ``local educational agency'' has the meaning
provided by section 1201 of such Act.
TITLE I--FOREIGN LANGUAGE TEACHER RECRUITMENT
SEC. 101. PURPOSE.
It is the purpose of this title to establish a grant program that
will assist States in recruiting individuals with a demonstrated
competence in a foreign language and providing those individuals with
the training required to qualify those individuals to teach.
SEC. 102. PROGRAM AUTHORITY.
(a) General Authority.--The Secretary shall, in accordance with the
requirements of this title, establish a program to provide grants to
State educational agencies to recruit and train qualified individuals
as elementary and secondary school teachers.
(b) Allotment of Funds.--The Secretary shall periodically assess
the needs for foreign language teachers in each State. The Secretary
shall establish by regulation, procedures based on the results of such
assessment, for the allotment of funds provided under this title among
those States that have submitted applications that meet the
requirements of section 203. Such procedures shall provide that no
State shall receive a grant of less than $500,000 or more than
$2,000,000.
SEC. 103. GRANT APPLICATIONS.
Any State desiring to receive a grant under this title shall submit
to the Secretary an application at such time, in such form, and
containing or accompanied by such information and assurances as the
Secretary may require by regulation. Such application shall--
(1) contain assurances that 50 percent of the funds made
available under the grant for each fiscal year will be used to
provide grants of not more than $5,000 per year to qualified
individuals to cover the costs of instruction required to
obtain certification to teach;
(2) provide that the State educational agency will allocate
funds provided under the grant on the basis of the following
factors;
(A) the local educational agencies need for
qualified teachers of foreign languages;
(B) the extent to which the local educational
agency has established model programs to address
foreign language instruction in effective ways;
(C) the need for development of new programs to
recruit and train qualified foreign language teachers;
and
(D) such additional factors as the State
educational agency considers appropriate;
(3) contain assurances that the State educational agency
will not provide funds under the grant to any institution of
higher education unless the institution of higher education
requires 2 years of foreign language instruction as a condition
of admission or graduation; and
(4) specify the procedures by which the State educational
agency will select the institutions or organizations to provide
the training required for teacher certification, which may
include an institution of higher education, local educational
agency, or consortia of institutions of higher education and
local educational agencies.
SEC. 104. QUALIFIED INDIVIDUALS.
(a) Definition.--For purposes of this title, an individual is
qualified if such individual has competence in a foreign language at a
level consistent with the standards established by the Secretary under
subsection (b).
(b) Selection.--In selecting individuals for receipt for assistance
under this title, a State educational agency shall include qualified
individuals who are--
(1) retired or returning Government employees who served
abroad;
(2) retired or returning business persons or professionals
who served abroad;
(3) foreign-born nationals with a degree from a domestic or
overseas institution of higher education; and
(4) individuals with a baccalaureate degree whose major or
minor was in a foreign language or international studies.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$50,000,000 for fiscal year 1994 and each of the 3 succeeding fiscal
years.
TITLE II--GRANTS TO INSTITUTIONS OF HIGHER EDUCATION FOR TRANSLATORS
AND INTERPRETERS
SEC. 201. NEEDS ASSESSMENT COUNCIL.
(a) Program Authority.--The Department of State shall establish a
Translation and Interpretation Needs Assessment Council.
(b) Composition.--
(1) In general.--The Council shall be composed of the
following individuals or the designated representatives of such
individuals:
(A) The Secretary of State, or a designee, who
shall serve as the chairperson of the Board.
(B) The Secretary of Education.
(C) The Secretary of Defense.
(D) The Secretary of Commerce.
(E) The Director of the Central Intelligence
Agency.
(F) The Director of the United States Information
Agency.
(G) The Director of the National Security Council.
(H) 6 individuals appointed by the President, who
have the expertise in the fields of translation and
interpretation, language and linguistics, international
studies, business, and area studies education.
(2) Special rule.--Individuals appointed to the Board
pursuant to paragraph (1)(H) shall be appointed for a period
not to exceed 4 years. Such individuals shall receive no
compensation for service on the Council, but may receive
reimbursement for travel and other necessary expenses.
(c) Functions.--The Council shall--
(1) establish qualifications for students and institutions
of higher education desiring fellowships and grants for
institutional support under this title;
(2) coordinate and determine the translation and
interpretation needs of the Government for the purposes of
economic competitiveness and cooperation, diplomacy, and
national security; and
(3) after determining these needs, make grants to
institutions of higher education for training translation and
interpretation specialists and personnel.
SEC. 202. PROCEDURES FOR THE SELECTION OF GRANT AND FELLOWSHIP PROGRAM.
(a) Grants.--The Council shall award grants under this title to
institutions of higher education or consortia of institutions of higher
education (in conjunction with nonprofit or Federal agencies, or both)
that provide evidence that they are developing a degree or certificate
program in translation and interpretation.
(b) Fellowships.--The Council shall award fellowships under this
title to individuals who are enrolled in a degree or certificate
program and agree to enter government or public service for 2 years for
each year of study for which a fellowship under this title is received.
SEC. 203. ESTABLISHMENT OF GRANT AND FELLOWSHIP PROGRAM.
(a) Institutional Support.--Funds provided by a grant under this
title may be used for the purposes of--
(1) developing physical plant and interpretation
facilities,
(2) instructor training,
(3) materials,
(4) curriculum development,
(5) internships,
(6) faculty development and support in translation and
interpretation,
(7) certificate and degree programs, and
(8) the development and enhancement of graduate programs.
(b) Fellowships.--Fellowships under this title shall be awarded to
individuals who are United States citizens or resident aliens to enable
such students to pursue education in the United States in the areas of
practical interpretation and translation.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for fiscal year
1994, of which no less than $10,000,000 shall be available for section
202(a), and such sums as may be necessary for each of the fiscal years
1995, 1996, and 1997 to carry out the provisions of this title.
TITLE III--LESSER KNOWN AND STUDIED LANGUAGES
SEC. 301. LESSER KNOWN AND STUDIED LANGUAGES GRANTS AND FELLOWSHIPS.
Effective October 1, 1993, the Soviet-Eastern European Research and
Training Act of 1983 (22 U.S.C. 4501) is amended by adding after
section 809 the following new section:
``SEC. 810. LESSER KNOWN AND STUDIED LANGUAGES GRANTS AND FELLOWSHIPS.
``(a) Purpose.--It is the purpose of this section to promote the
teaching and study of lesser known and studied languages.
``(b) Definition.--For the purposes of this section, the term
`lesser known and studied languages' means languages considered
important to the national interest, national security, and economic
competitiveness which have less than 1,000 students engaged in study at
institutions of higher education in the United States.
``(c) Program Authority.--
``(1) List of lesser known and studied languages.--The
Secretary of State, in consultation with other appropriate
agencies, shall develop a list of the lesser known and studied
languages.
``(2) Grants.--The Secretary of State shall award grants
under this section to institutions of higher education or
consortia of institutions of higher education (in conjunction
with nonprofit or Federal agencies, or both) that provide
evidence that they are developing programs, classes, curriculum
material, and faculty for study in the lesser known and studied
languages. No such grant may exceed $1,000,000.
``(3) Fellowships.--The Secretary of State shall award
fellowships under this section to individuals who are enrolled
at an accredited institution of higher education in a degree or
certificate program in a lesser known and studied language
leading to proficiency in such language. Fellowships under this
section shall be $5,000 for each semester of study.
``(d) Authorization of Appropriations.--
``(1) Grants.--There are authorized to be appropriated
$10,000,000 for fiscal year 1994 to carry out subsection
(c)(2).
``(2) Fellowships.--There are authorized to be appropriated
$5,000,000 for fiscal year 1994 to carry out subsection
(c)(3).''.
TITLE IV--EXPORT EDUCATION
SEC. 401. PURPOSE.
It is the purpose of this title to assist American companies to
develop and expand into export markets by providing education and
support services necessary for domestic businesses to succeed in
international markets by increasing their basic knowledge of world
markets, foreign cultures and languages.
SEC. 402. GRANTS AUTHORIZED.
(a) Grants by Secretary.--The Secretary of Commerce shall, in
accordance with this title, make grants to States to carry out the
purpose described in section 401.
(b) Selection of Grants.--The State shall submit to the Secretary a
proposal indicating the qualifications of the eligible entity for
carrying out the provisions of section 403.
(c) Distribution of Funds by States.--Each State that receives a
grant under this title shall determine the eligibility of an
appropriate State-based entity according to the needs of the State's
primary trade and economic development agency and model programs
serving such needs or for the development of such programs.
SEC. 403. AUTHORIZED ACTIVITIES.
Funds provided under this title may be used for the purpose of, but
are not limited to--
(1) education, support and referral services in developing
marketing materials in foreign languages and appropriate to
other cultures,
(2) assisting companies in trade missions,
(3) holding seminars and classes for companies on topics
such as export regulations, trading techniques, working in
foreign cultures and foreign languages,
(4) providing consulting services with experts to assist
companies in export and marketing planning, and
(5) acting as a clearinghouse in supplying companies with
information and updates to assist them in identifying
international and trade opportunities.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $12,500,000 in fiscal years
1994, 1995, 1996, and 1997 to carry out the provisions of this title. | Foreign Language Economic Enhancement Act -
Title I: Foreign Language Teacher Recruitment
- Directs the Secretary of Education to establish a grant program to assist States to recruit and train qualified individuals as foreign language teachers for elementary and secondary schools.
Authorizes appropriations.
Title II: Grants to Institutions of Higher Education for Translators and Interpreters
- Directs the Department of State to establish a Translation and Interpretation Needs Assessment Council.
Directs the Council to award grants to institutions of higher education or consortia of such institutions (in conjunction with nonprofit and/or Federal agencies) that provide evidence that they are developing a degree or certificate program in translation and interpretation.
Directs the Council to award fellowships to individuals who are enrolled in a degree or certificate program and agree to enter government or public service for two years for each year of study for which such a fellowship is received.
Authorizes appropriations.
Title III: Lesser Known and Studied Languages
- Amends the Soviet-Eastern European Research and Training Act of 1983 to establish a grants and fellowships program for lesser known and studied languages. Directs the Secretary of State to: (1) develop a list of those languages; (2) award grants to institutions of higher education or consortia (in conjunction with nonprofit and/or Federal agencies) developing programs, classes, curriculum material, and faculty for study in those languages; and (3) award fellowships to individuals at accredited institutions in a degree or certificate program in such a language.
Authorizes appropriations.
Title IV: Export Education
- Directs the Secretary of Commerce to make grants to States to assist U.S. companies to develop and expand into export markets by providing education and support services to increase their basic knowledge of world markets, foreign cultures, and languages.
Authorizes appropriations. | {"src": "billsum_train", "title": "Foreign Language Economic Enhancement Act"} | 2,974 | 391 | 0.518619 | 1.733523 | 0.816939 | 4.040462 | 8.066474 | 0.924855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Communities Investment Act of
2006''.
SEC. 2. EXCLUSION FOR INTEREST ON LOANS SECURED BY AGRICULTURAL REAL
ESTATE AND RURAL HOUSING .
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139A the
following new section:
``SEC. 139B. INTEREST ON LOANS SECURED BY AGRICULTURAL REAL ESTATE AND
RURAL HOUSING.
``(a) Exclusion.--Gross income shall not include interest received
by a qualified lender on any qualified real estate loan.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified lender.--The term `qualified lender' means
any bank or savings association the deposits of which are
insured under the Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.).
``(2) Qualified real estate loan.--The term `qualified real
estate loan' means--
``(A) any indebtedness (including the refinancing
of indebtedness) secured by agricultural real estate or
by a leasehold mortgage (with a status as a lien) on
agricultural real estate, or
``(B) any indebtedness--
``(i) acquired for the purpose of
purchasing or improving rural housing, and
``(ii) secured by such rural housing or by
a leasehold mortgage (with a status as a lien)
on such rural housing.
``(3) Agricultural real estate.--
``(A) In general.--The term `agricultural real
estate' means real property used or available for the
production of 1 or more agricultural products.
``(B) When determination made.--For purposes of
subparagraph (A), the determination of whether property
securing any indebtedness is agricultural real estate
shall be made as of the time the interest income on
such indebtedness accrues.
``(4) Rural housing.--
``(A) In general.--The term `rural housing' means
any single family residence which is located in a rural
area and which is the principal residence (within the
meaning of section 121) of the borrower.
``(B) When determination made.--The determination
of whether property qualifies as rural housing with
respect to any indebtedness shall be made as of the
date such indebtedness originates.
``(5) Rural area.--The term `rural area' means an area (as
determined by the Secretary of Agriculture) which is not within
a metropolitan statistical area (as defined by the Office of
Management and Budget) and which has a population (determined
on the basis of the most recent decennial census for which date
are available) of 2,500 or less.
``(c) Coordination With Section 265.--For purposes of this section,
the rules of section 265 shall apply, as follows:
``(1) In general.--Qualified real estate loans shall be
treated as an obligation described in section 265(a)(2).
``(2) Pro rata allocation of interest expense of financial
institutions to tax-exempt interest.--In applying section
265(b)--
``(A) the term `tax-exempt obligation', as defined
in paragraph (4)(B) thereof, shall include a qualified
real estate loan,
``(B) the term `financial institution', as defined
in paragraph (5) thereof, shall include a qualified
lender, and
``(C) the term `qualified tax-exempt obligation',
as defined in paragraph (3)(B) thereof, shall include a
qualified real estate loan made after December 31,
2005, to a qualified small borrower.
For purposes of subparagraph (C), the term `qualified small
borrower' means, with respect to qualified real estate loans
received during any calendar year, any borrower if the
reasonably anticipated amount of qualified real estate loans
which will be received by such borrower during such calendar
year does not exceed $10,000,000.''.
(b) Clerical Amendment.--The table of sections for such part III is
amended by inserting after the item relating to section 139A the
following new item:
``Sec. 139B. Interest on loans secured by agricultural real estate and
rural housing.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Rural Communities Investment Act of 2006 - Amends the Internal Revenue Code to exclude from gross income interest received by a bank or savings association insured under the Federal Deposit Insurance Act on a loan acquired to purchase or improve rural housing and secured by rural housing or by a leasehold mortgage on such housing. Defines "rural housing" as any single family principal residence located in a rural area. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income interest received on loans secured by agricultural real estate and rural housing."} | 1,071 | 85 | 0.635046 | 1.488917 | 0.605484 | 2.794521 | 12.356164 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Buy Back Partnership Grant Act
of 1998''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds that--
(1) 36,000 Americans are killed each year by the use of a
gun;
(2) 16 children are killed each day by the use of a gun;
(3) guns are present in almost 35 percent of all American
households; and
(4) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty, and more than 92 percent of such
law enforcement officers were killed by the use of a gun.
(b) Purpose.--The purpose of this Act is to reduce the number of
guns on the streets by helping State and local law enforcement
departments conduct community gun buy back programs.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grants.--The Director of the Bureau of Justice Assistance may
make grants to States or units of local government to conduct community
gun buy back programs.
(b) Distribution and Use of Funds.--The Director of the Bureau of
Justice Assistance shall distribute each grant made under subsection
(a) directly to the State or unit of local government involved, which
shall use the grant only to conduct a community gun buy back program.
(c) Minimum Amount.--Unless all applications submitted by any State
or unit of local government pursuant to this Act have been funded, each
qualifying State or unit of local government shall be allocated in each
fiscal year pursuant to subsection (a) not less than 0.50 percent of
the total amount appropriated for the fiscal year pursuant to this Act.
(d) Maximum Amount.--During a fiscal year, the Director of the
Bureau of Justice Assistance shall not, under this Act, provide a
qualifying State or unit of local government with more than 5 percent
of the total amount appropriated for the fiscal year pursuant to this
Act.
(e) Matching Funds.--A grant made under this Act shall not be used
to cover more than 50 percent of the cost of conducting a community gun
buy back program, except to the extent that the Director of the Bureau
of Justice Assistance waives such requirement, in whole or in part,
after determining the existence of a fiscal hardship on the part of the
grant recipient.
(f) Preferential Consideration.--In awarding grants under this Act,
the Director of the Bureau of Justice Assistance shall give
preferential consideration to an application from a jurisdiction which
will conduct a community gun buy back program that will destroy all
guns received by the program. For purposes of the preceding sentence a
community gun buy back program which will donate to a State or local
museum for display any inoperable gun that is a curio or relic or that
has historic significance shall be treated in the same manner as a
community gun buy back program that will destroy all guns received by
the program.
SEC. 4. APPLICATIONS.
(a) State Applications.--To request a grant under this Act, the
chief executive of a State shall submit an application to the Director
of the Bureau of Justice Assistance, signed by the Attorney General of
the State requesting the grant, in such form and containing such
information as the Director may reasonably require.
(b) Local Applications.--To request a grant under this Act, the
chief executive of a unit of local government shall submit an
application to the Director of the Bureau of Justice Assistance, signed
by the chief law enforcement officer of the unit of local government
requesting the grant, in such form and containing such information as
the Director may reasonably require.
(c) Renewal.--A State or unit of local government shall be eligible
to receive a grant under this Act annually.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Justice Assistance
shall promulgate regulations to implement this Act, which shall specify
the information that must be included and the requirements that the
States and units of local government must meet in submitting the
applications for grants under this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Community gun buy back program.--The term ``community
gun buy back program'' means a program conducted by State or
local law enforcement authorities under which such authorities
purchase or accept donations of guns from persons desiring to
dispose of them.
(2) Gun.--The term ``gun'' means a firearm (as defined in
section 921(a)(3) of title 18, United States Code).
(3) Qualifying state or unit of local government.--The term
``qualifying State or unit of local government'' means a State
or unit of local government whose application for a grant under
this Act meets the applicable requirements prescribed by or
under this Act.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, the United States Virgin
Islands, American Samoa, and the Northern Mariana Islands.
SEC. 6. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.
For grants under this Act, there are authorized to be appropriated
to the Director of the Bureau of Justice Assistance not more than
$15,000,000 for each fiscal year. | Gun Buy Back Partnership Grant Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to make grants to States or local governments to conduct community gun buy back programs. Sets forth provisions regarding the distribution and use of funds, minimum and maximum amounts to be provided to qualifying jurisdictions, matching funds, and application requirements.
Requires the Director, in awarding grants, to give preferential consideration to applications from jurisdictions that will conduct a community gun buy back program that will destroy all guns received by the program, or that will donate to a State or local museum for display any inoperable gun that is a curio or relic or that has historic significance.
Authorizes appropriations. | {"src": "billsum_train", "title": "Gun Buy Back Partnership Grant Act of 1998"} | 1,166 | 153 | 0.546911 | 1.604515 | 0.81253 | 4.908397 | 8.183206 | 0.877863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Padres National Forest Land
Exchange Act of 2003''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If the United Water Conservation District
of California (in this section referred to as the ``District'')
conveys to the Secretary of Agriculture (in this section
referred to as the ``Secretary'') all of right, title, and
interest of the District in and to the lands described in
subsection (b)(1), the Secretary shall convey to the District,
in exchange for such lands, all right, title, and interest of
the United States in and to the National Forest System lands
described in subsection (b)(2).
(2) Existing rights.--The conveyance of National Forest
System lands under this section shall be subject to valid
existing rights and to such terms, conditions, and reservations
as may be required by this section or considered necessary by
the Secretary.
(3) Time for exchange.--The Secretary and the District
shall endeavor to complete the exchange in a timely manner.
(b) Exchange Lands.--
(1) Lands to be conveyed by district.--The lands to be
conveyed by the District under this section consist of
approximately 340 acres as follows:
(A) ``Tract A''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, NE1/4SE1/
4, San Bernardino base and meridian.
(B) ``Tract B''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, SE1/4NE1/
4, San Bernardino base and meridian.
(C) ``Tract C''--Approximately 80 acres, located in
township 5 north, range 18 west, section 16, S1/2SE1/4,
San Bernardino base and meridian.
(D) ``Tract D''--Approximately 160 acres, located
in township 5 north, range 18 west, section 21, NE1/4,
San Bernardino base and meridian.
(E) ``Tract E''--Approximately 20 acres, located in
township 5 north, range 18 west, section 15, N1/2SW1/
4SW1/4, San Bernardino base and meridian.
(2) Lands to be conveyed by secretary.--The National Forest
System lands to be conveyed by the Secretary under this section
consist of approximately 420 acres as follows:
(A) ``Tract 1''--Approximately 80 acres, located in
township 5 north, range 18 west, section 10, E1/2SW1/4,
San Bernardino base and meridian.
(B) ``Tract 2''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, NE1/4NW1/
4, San Bernardino base and meridian.
(C) ``Tract 3''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, SW1/4SE1/
4, San Bernardino base and meridian.
(D) ``Tract 4''--Approximately 10 acres, located in
township 5 north, range 18 west, section 22, SW1/4SW1/
4NE1/4, San Bernardino base and meridian.
(E) ``Tract 5''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, W1/2NW1/
4SE1/4, San Bernardino base and meridian.
(F) ``Tract 6''--Approximately 40 acres, located in
township 5 north, range 18 west, section 22, SW1/4SE1/
4, San Bernardino base and meridian.
(G) ``Tract 7''--Approximately 80 acres, located in
township 5 north, range 18 west, section 22, E1/2SW1/4,
San Bernardino base and meridian.
(H) ``Tract 8''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, N1/2NW1/
4SW1/4, San Bernardino base and meridian.
(I) ``Tract 9''--Approximately 80 acres, located in
township 5 north, range 18 west, section 27, W1/2NE1/4,
San Bernardino base and meridian.
(J) ``Tract 10''--Approximately 10 acres, located
in township 5 north, range 18 west, section 27, NE1/
4SW1/4NW1/4, San Bernardino base and meridian.
(3) Corrections to legal descriptions.--By mutual
agreement, the Secretary and the District may adjust the legal
descriptions contained in this subsection to correct errors or
to make minor adjustments in the lands to be exchanged.
(c) Processing of Land Exchange.--
(1) In general.--Except as otherwise provided in this
section, the Secretary shall process the land exchange under
this section in accordance with Forest Service land exchange
regulations in subpart A of part 254 of title 36, Code of
Federal Regulations.
(2) Title standards.--The Secretary shall require that
title to the District lands acquired by the Secretary under
this section is in conformity with the title standards of the
Attorney General of the United States.
(d) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands authorized by this section, the Secretary shall
reserve easements for all roads and trails that the Secretary
considers to be necessary or desirable to provide for
administrative purposes and to ensure public access to National
Forest System lands. In particular, the Secretary shall reserve
perpetual unrestricted rights of pedestrian access to the
Potholes trailhead of the Los Padres National Forest.
(2) Accessibility.--In the case of the District lands
acquired by the Secretary under this section, the Secretary
shall provide reasonable access to privately owned inholdings
consistent with section 1323(a) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3210(a)).
(3) Construction of parking lot.--As a condition on the
receipt of National Forest System lands under this section, the
District shall agree to construct a gravel parking area upon
District lands for the Potholes trailhead of the Los Padres
National Forest, subject to the following requirements:
(A) The District may reasonably regulate vehicular
access to the trailhead in accordance with rules and
regulations promulgated in accordance with applicable
law.
(B) Foot traffic to the trailhead shall be
perpetual and unrestricted.
(e) Special Use Authorization and Easements.--All special use
authorizations and term easements issued by the Secretary with respect
to the National Forest System lands described in subsection (b)(2)
shall not be renewed or reauthorized after the date of enactment of
this Act.
(f) Water Rights.--The land exchange authorized by this section
does not include any water rights owned by the District or the United
States.
(g) Cash Equalization.--
(1) Limits waived.--The District or the Secretary, as
appropriate, may equalize the values of the lands to be
exchanged under this section by a cash payment without regard
to any statutory limit on the amount of such a cash
equalization payment.
(2) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this section shall be
deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The payment
shall be available to the Secretary for expenditure, without
further appropriation, for the acquisition, construction, or
improvement of administrative or recreational facilities for
the Los Padres National Forest in Ventura County, Santa Barbara
County, and San Luis Obispo County, California, or for the
acquisition of land or interests in land in such counties.
(h) Management of Acquired Lands .--The District lands acquired by
the Secretary under this section shall be added to and administered as
part of The Los Padres National Forest in accordance with the laws and
regulations applicable to that national forest. | Los Padres National Forest Land Exchange Act of 2003 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California and approximately 420 acres of National Forest System lands. Allows the Secretary of Agriculture to reserve easements in the conveyance of National Forest System lands for access roads and trails, including perpetual unrestricted rights of pedestrian access to the Potholes trailhead of Los Padres National Forest. Requires the Secretary to provide reasonable access to privately owned inholdings in the District lands acquired under this Act. Stipulates that the District must construct a gravel parking area for the Potholes trailhead. Exempts water rights from this land exchange. Permits the District and the Secretary to equalize this exchange through a cash payment. Adds the District lands acquired under this Act to the Los Padres National Forest. | {"src": "billsum_train", "title": "To provide for an exchange of lands with the United Water Conservation District of California to eliminate private inholdings in the Los Padres National Forest, and for other purposes."} | 1,851 | 192 | 0.482757 | 1.352233 | 0.961937 | 3.114865 | 10.256757 | 0.912162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seasoned Customer CTR Exemption Act
of 2006''.
SEC. 2. EXCEPTION FROM CURRENCY TRANSACTION REPORTS FOR SEASONED
CUSTOMERS.
(a) Findings.--The Congress finds as follows:
(1) The completion of and filing of currency transaction
reports under section 5313 of title 31, United States Code,
poses a compliance burden on the financial industry.
(2) Due to the nature of the transactions or the persons
and entities conducting such transactions, some reports as
currently filed may not be relevant to the detection,
deterrence, or investigation of financial crimes, including
money laundering and the financing of terrorism.
(3) However, the data contained in such reports can provide
valuable context for the analysis of other data derived
pursuant to subchapter II of chapter 53 of title 31, United
States Code, as well as investigative data, which provide
invaluable and indispensable information supporting efforts to
combat money laundering and other financial crimes.
(4) An appropriate exemption process from the reporting
requirements for certain currency transactions that are of
little or no value to ongoing efforts of law enforcement
agencies, financial regulatory agencies, and the financial
services industry to investigate, detect, or deter financial
crimes would continue to fulfill the compelling need to produce
and provide meaningful information to policy-makers, financial
regulators, law enforcement, and intelligence agencies, while
potentially lowering the compliance burden placed on financial
institutions by the need to file such reports.
(5) The Secretary of the Treasury has by regulation, and in
accordance with section 5313 of title 31, United States Code,
implemented a process by which institutions may seek exemptions
from filing certain currency transaction reports based on
appropriate circumstances; however, the financial industry has
not taken full advantage of these provisions and has contended
that they are unduly burdensome.
(6) The act of providing notice to the Secretary of the
Treasury of designations of exemption--
(A) provides meaningful information to law
enforcement officials on exempt customers and enables
law enforcement to obtain account information through
appropriate legal process; and
(B) complements other sections of title 31, United
States Code, whereby law enforcement can locate
financial institutions with relevant records relating
to a person of investigative interest, such as
information requests made pursuant to regulations
implementing section 314(a) of the USA PATRIOT Act of
2001.
(7) A designation of exemption has no effect on
requirements for depository institutions to apply the full
range of anti-money laundering controls required under
subchapter II of chapter 53 of title 31, United States Code,
and related provisions of law, including the requirement to
apply the customer identification program pursuant to section
5326 of such title, and the requirement to identify, monitor,
and, if appropriate, report suspicious activity in accordance
with section 5318(g) of such title.
(8) The Federal banking agencies and the Financial Crimes
Enforcement Network have recently provided guidance through the
Federal Financial Institutions Examination Council Bank Secrecy
Act/Anti-Money Laundering Examination Manual on applying
appropriate levels of due diligence and identifying suspicious
activity by the types of cash-intensive businesses that
generally will be subject to exemption.
(b) Seasoned Customer Exemption.--Section 5313(e) of title 31,
United States Code, is amended to read as follows:
``(e) Qualified Customer Exemption.--
``(1) In general.--Before the end of the 270-day period
beginning on the date of the enactment of the Seasoned Customer
CTR Exemption Act of 2006, the Secretary of the Treasury shall
prescribe regulations that exempt any depository institution
from filing a report pursuant to this section in a transaction
for the payment, receipt, or transfer of United States coins or
currency (or other monetary instruments the Secretary of the
Treasury prescribes) with a qualified customer of the
depository institution.
``(2) Qualified customer defined.--For purposes of this
section, the term `qualified customer', with respect to a
depository institution, has such meaning as the Secretary of
the Treasury shall prescribe, which shall include any person
that--
``(A) is incorporated or organized under the laws
of the United States or any State, including a sole
proprietorship (as defined in 31 C.F.R.
103.22(d)(6)(vii), as in effect on May 10, 2006), or is
registered as and eligible to do business within the
United States or a State;
``(B) has maintained a deposit account with the
depository institution for at least 12 months; and
``(C) has engaged, using such account, in multiple
currency transactions that are subject to the reporting
requirements of subsection (a).
``(3) Regulations.--
``(A) In general.--The Secretary of the Treasury
shall prescribe regulations requiring a depository
institution to file a 1-time notice of designation of
exemption for each qualified customer of the depository
institution.
``(B) Form and content of exemption notice.--The
Secretary shall by regulation prescribe the form,
manner, content, and timing of the qualified customer
exemption notice and such notice shall include
information sufficient to identify the qualified
customer and the accounts of the customer.
``(C) Authority of secretary.--
``(i) In general.--The Secretary may
suspend, reject, or revoke any qualified
customer exemption notice, in accordance with
criteria prescribed by the Secretary by
regulation.
``(ii) Conditions.--The Secretary may
establish conditions, in accordance with
criteria prescribed by regulation, under which
exempt qualified customers of an insured
depository institution that is merged with or
acquired by another insured depository
institution will continue to be treated as
designated exempt qualified customers of the
surviving or acquiring institution.''.
(c) 3-Year Review and Report.--Before the end of the 3-year period
beginning on the date of the enactment of this Act, the Secretary of
the Treasury, in consultation with the Attorney General, the Secretary
of Homeland Security, the Federal banking agencies, the banking
industry, and such other persons as the Secretary deems appropriate,
shall evaluate the operations and effect of the provisions of the
amendment made by subsection (a) and make recommendations to Congress
as to any legislative action with respect to such provision as the
Secretary may determine to be appropriate.
SEC. 3. PERIODIC REVIEW OF REPORTING THRESHOLD AND ADJUSTMENT FOR
INFLATION.
Section 5318 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(o) Periodic Review of Reporting Threshold and Adjustment for
Inflation.--
``(1) In general.--Before the end of the 90-day period
beginning on the date of the enactment of the Seasoned Customer
CTR Exemption Act of 2006 and at least every 5 years after the
end of such period, the Secretary of the Treasury shall--
``(A) review the continuing appropriateness,
relevance, and utility of each threshold amount or
denomination established by the Secretary, in the
Secretary's discretion, for any report required by the
Secretary under this subchapter; and
``(B) adjust each such amount, at such time and in
such manner as the Secretary considers appropriate, for
any inflation that the Secretary determines has
occurred since the date any such amount was established
or last adjusted, as the case may be.
``(2) Report.--Before the end of the 60-day period
beginning upon the completion of any review by the Secretary of
the Treasury under paragraph (1), the Secretary shall submit a
report to the Congress containing the findings and conclusions
of the Secretary in connection with such review, together with
an explanation for any adjustment, or lack of adjustment, of
any threshold amount or denomination by the Secretary as a
result of such review, including the adjustment for
inflation.''.
Passed the House of Representatives June 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Seasoned Customer CTR Exemption Act of 2006 - Amends federal money and finance law to: (1) repeal the current authority of the Secretary of the Treasury to exempt a depository institution from currency transaction reporting (CTR) requirements with respect to transactions between the depository institution and a qualified business customer; and (2) instruct the Secretary to prescribe regulations that exempt a depository institution from filing a CTR if the transaction is with a qualified customer.
Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, including a sole proprietorship, or is registered as and eligible to do business within the United States or a state; (2) has maintained a deposit account with the depository institution for at least 12 months; and (3) has engaged, using such account, in multiple currency transactions subject to federal CTR requirements.
Requires such regulations to require a depository institution to file a one-time notice of designation of exemption for each of its qualified customers.
Authorizes the Secretary to: (1) suspend, reject, or revoke any qualified customer exemption notice; and (2) establish conditions under which exempt qualified customers of an insured depository institution merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution.
Requires the Secretary to submit a three-year review and report evaluating implementation of this Act.
Requires the Secretary to review every five years: (1) the continuing appropriateness, relevance, and utility of each threshold amount or denomination established for any mandatory CTR; (2) adjust such amount for inflation, if any; and (3) report to Congress the review findings and conclusions, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination. | {"src": "billsum_train", "title": "To amend section 5313 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes."} | 1,731 | 387 | 0.533782 | 1.746555 | 0.693893 | 3.918079 | 4.632768 | 0.946328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Auction Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the National Telecommunications and Information
Administration of the Department of Commerce recently submitted
to the Congress a report entitled ``U.S. National Spectrum
Requirements'' as required by section 113 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923);
(2) based on the best available information the report
concludes that an additional 179 megahertz of spectrum will be
needed within the next ten years to meet the expected demand
for land mobile and mobile satellite radio services such as
cellular telephone service, paging services, personal
communication services, and low earth orbiting satellite
communications systems;
(3) a further 85 megahertz of additional spectrum, for a
total of 264 megahertz, is needed if the United States is to
fully implement the Intelligent Transportation System currently
under development by the Department of Transportation;
(4) as required by Part B of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 921 et seq.) the Federal Government will
transfer 235 megahertz of spectrum from exclusive government
use to non-governmental or mixed governmental and non-
governmental use between 1994 and 2004;
(5) the Spectrum Reallocation Final Report submitted to
Congress by the National Telecommunications and Information
Administration states that, of the 235 megahertz of spectrum
identified for reallocation from governmental to non-
governmental or mixed use--
(A) 50 megahertz has already been reallocated for
exclusive non-governmental use,
(B) 45 megahertz will be reallocated in 1995 for
both exclusive non-governmental and mixed governmental
and non-governmental use,
(C) 25 megahertz will be reallocated in 1997 for
exclusive non-governmental use,
(D) 70 megahertz will be reallocated in 1999 for
both exclusive non-governmental and mixed governmental
and non-governmental use, and
(E) the final 45 megahertz will be reallocated for
mixed governmental and non-governmental use by 2004;
(6) the 165 megahertz of spectrum that are not yet
reallocated, combined with 80 megahertz that the Federal
Communications Commission is currently holding in reserve for
emerging technologies, are less than the best estimates of
projected spectrum needs in the United States;
(7) the authority of the Federal Communications Commission
to assign radio spectrum frequencies using an auction process
expires on September 30, 1998;
(8) a significant portion of the reallocated spectrum will
not yet be assigned to non-governmental users before that
authority expires;
(9) the transfer of Federal governmental users from certain
valuable radio frequencies to other reserved frequencies could
be expedited if Federal governmental users are permitted to
accept reimbursement for relocation costs from non-governmental
users; and
(10) extension of the authority to use auctions and non-
governmental reimbursement of Federal governmental users
relocation costs would allow the market to determine the most
efficient use of the available spectrum.
SEC. 3. EXTENSION AND EXPANSION OF AUCTION AUTHORITY.
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))
is amended--
(1) by striking paragraph (1) and inserting in lieu thereof
the following:
``(1) General authority.--If mutually exclusive
applications or requests are accepted for any initial license
or construction permit which will involve a use of the
electromagnetic spectrum, then the Commission shall grant such
license or permit to a qualified applicant through a system of
competitive bidding that meets the requirements of this
subsection. The competitive bidding authority granted by this
subsection shall not apply to licenses or construction permits
issued by the Commission for public safety radio services or
for licenses or construction permits for new terrestrial
digital television services assigned by the Commission to
existing terrestrial broadcast licensees to replace their
current television licenses.'';
(2) by striking paragraph (2) and renumbering paragraphs
(3) through (13) as (2) through (12), respectively; and
(3) by striking ``1998'' in paragraph (10), as renumbered,
and inserting in lieu thereof ``2002''.
SEC. 4. REIMBURSEMENT OF FEDERAL RELOCATION COSTS.
Section 113 of the National Telecommunications and Information
Administration Act (47 U.S.C. 923) is amended by adding at the end the
following new subsections:
``(f) Relocation of Federal Government Stations.--
``(1) In general.--In order to expedite the efficient use
of the electromagnetic spectrum and notwithstanding section
3302(b) of title 31, United States Code, any Federal entity
which operates a Federal Government station may accept
reimbursement from any person for the costs incurred by such
Federal entity for any modification, replacement, or reissuance
of equipment, facilities, operating manuals, regulations, or
other expenses incurred by that entity in relocating the
operations of its Federal Government station or stations from
one or more radio spectrum frequencies to any other frequency
or frequencies. Any such reimbursement shall be deposited in
the account of such Federal entity in the Treasury of the
United States. Funds deposited according to this section shall
be available, without appropriation or fiscal year limitation,
only for the operations of the Federal entity for which such
funds were deposited under this section.
``(2) Process for relocation.--Any person seeking to
relocate a Federal Government station that has been assigned a
frequency within a band allocated for mixed Federal and non-
Federal use may submit a petition for such relocation to NTIA.
The NTIA shall limit the Federal Government station's operating
license to secondary status when the following requirements are
met--
``(A) the person seeking relocation of the Federal
Government station has guaranteed reimbursement through
money or in-kind payment of all relocation costs
incurred by the Federal entity, including all
engineering, equipment, site acquisition and
construction, and regulatory fee costs;
``(B) the person seeking relocation completes all
activities necessary for implementing the relocation,
including construction of replacement facilities (if
necessary and appropriate) and identifying and
obtaining on the Federal entity's behalf new
frequencies for use by the relocated Federal Government
station (where such station is not relocating to
spectrum reserved exclusively for Federal use); and
``(C) any necessary replacement facilities,
equipment modifications, or other changes have been
implemented and tested to ensure that the Federal
Government station is able to successfully accomplish
its purposes.
``(3) Right to reclaim.--If within one year after the
relocation the Federal Government station demonstrates to the
Commission that the new facilities or spectrum are not
comparable to the facilities or spectrum from which the Federal
Government station was relocated, the person seeking such
relocation must take reasonable steps to remedy any defects or
reimburse the Federal entity for the costs of returning the
Federal Government station to the spectrum from which such
station was relocated.
``(g) Federal Action To Expedite Spectrum Transfer.--Any Federal
Government station which operates on electromagnetic spectrum that has
been identified for reallocation for mixed Federal and non-Federal use
in the Spectrum Reallocation Final Report shall, to the maximum extent
practicable through the use of the authority granted under subsection
(f) and any other applicable provision of law, take action to relocate
its spectrum use to other frequencies that are reserved for Federal use
or to consolidate its spectrum use with other Federal Government
stations in a manner that maximizes the spectrum available for non-
Federal use. Notwithstanding the timetable contained in the Spectrum
Reallocation Final Report, the President shall seek to implement the
reallocation of the 1710 to 1755 megahertz frequency band by January 1,
2000. Subsection (c)(4) of this section shall not apply to the extent
that a non-Federal user seeks to relocate or relocates a Federal power
agency under subsection (f).
``(h) Definitions.--For purposes of this section--
``(1) Federal entity.--The term `Federal entity' means any
Department, agency, or other element of the Federal Government
that utilizes radio frequency spectrum in the conduct of its
authorized activities, including a Federal power agency.
``(2) Spectrum reallocation final report.--The term
`Spectrum Reallocation Final Report' means the report submitted
by the Secretary to the President and Congress in compliance
with the requirements of subsection (a).''.
SEC. 5. REALLOCATION OF ADDITIONAL SPECTRUM.
The Secretary of Commerce shall, within 9 months after the date of
enactment of this Act, prepare and submit to the President and the
Congress a report and timetable recommending the reallocation of the
three frequency bands (225-400 megahertz, 3625-3650 megahertz, and
5850-5925 megahertz) that were discussed but not recommended for
reallocation in the Spectrum Reallocation Final Report. The Secretary
shall consult with the Federal Communications Commission and other
Federal agencies in the preparation of the report, and shall provide
notice and an opportunity for public comment before submitting the
report and timetable required by this section. | Spectrum Auction Act of 1995 - Amends the Communications Act of 1934 to state that certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC) for public safety radio services or for licenses or construction permits for new terrestrial digital television services assigned by the FCC to existing terrestrial broadcast licensees to replace their current television licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits.
Amends the National Telecommunications and Information Administration (NTIA) Act to authorize any Federal entity which operates a Government station to accept reimbursement from any person for the cost of relocating the operations of such station from one or more radio spectrum frequencies to any other frequency. Authorizes any person seeking to relocate a Government station that has been assigned a frequency of mixed Federal and non-Federal use to petition for such relocation to the NTIA. Provides relocation requirements. Allows such a relocated station up to one year to reclaim the former station if it finds the new facilities or spectrum (radio frequency) to be inferior to the former facilities or spectrum. Provides for the expedited transfer to Federal spectrum use of a station currently on a mixed Federal and non-Federal spectrum, or the consolidation of its spectrum use with other Government stations in a manner that maximizes the spectrum available for non-Federal use. Directs the President to seek to implement the relocation of the 1710 to 1755 megahertz frequency band by January 1, 2000.
Directs the Secretary of Commerce to prepare and submit to the President and the Congress a report and timetable for the reallocation of the three frequency bands that were discussed but not recommended for reallocation in the Spectrum Reallocation Final Report. | {"src": "billsum_train", "title": "Spectrum Auction Act of 1995"} | 1,968 | 387 | 0.542111 | 1.851341 | 0.660704 | 4.148936 | 5.583587 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Security and Land Stewardship
Act of 2001''.
SEC. 2. FLEXIBLE FALLOW PROGRAM.
(a) In General.--Section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232) is amended by adding at the end the following:
``(g) Flexible Fallow Program.--
``(1) Definition of total planted acreage.--In this
subsection, the term `total planted acreage' means the cropland
acreage of a producer that for the 2000 crop year was--
``(A) planted to a loan commodity;
``(B) prevented from being planted to a loan
commodity; or
``(C) fallow as part of a fallow rotation practice
with respect to a loan commodity, as determined by the
Secretary.
``(2) Authority.--In lieu of receiving a loan rate under
subsections (a) through (f), a producer, with respect to
production eligible for a loan under section 131, may elect to
participate in a flexible fallow program for any of the 2001 or
2002 crops under which annually--
``(A) the producer determines which acres of the
total planted acreage are assigned to a specific loan
commodity;
``(B) the producer determines--
``(i) the projected percentage reduction
rate of production of the specific loan
commodity based on the acreage assigned to the
loan commodity under subparagraph (A); and
``(ii) the acreage of the total planted
acreage of the producer to be set aside under
clause (i), regardless of whether the acreage
is on the same farm as the acreage planted to
the specific loan commodity;
``(C) based on the projected percentage reduction
rate of production as a result of the acreage set aside
under subparagraph (B), the producer receives the loan
rate for each loan commodity produced by the producer,
as determined under paragraph (3); and
``(D) the acreage planted to loan commodities for
harvest and set aside under this subsection is limited
to the total planted acreage of the producer.
``(3) Loan rates.--
``(A) In general.--Subject to subparagraphs (B) and
(C), in the case of a producer of a loan commodity that
elects to participate in the flexible fallow program
under this subsection, the loan rate for a marketing
assistance loan under section 131 for a crop of the
loan commodity shall be based on the projected
percentage reduction rate of production determined by
the producer under paragraph (2)(B), in accordance with
the following table:
``Projected Corn Loan Wheat Loan Rate Soybean Loan Rate Upland Cotton Rice Loan Rate
Percentage Rate ($/bushel) ($/bushel) Loan Rate ($/
Reduction Rate ($/bushel) ($/pound) hundredweight)
0% 1.89 2.75 4.72 0.5192 6.50
1% 1.91 2.78 4.77 0.5268 6.60
2% 1.93 2.81 4.81 0.5344 6.70
3% 1.95 2.83 4.86 0.5420 6.80
4% 1.97 2.86 4.91 0.5496 6.90
5% 1.99 2.89 4.96 0.5572 7.00
6% 2.01 2.92 5.01 0.5648 7.10
7% 2.03 2.95 5.06 0.5724 7.20
8% 2.05 2.98 5.11 0.5800 7.30
9% 2.07 3.01 5.16 0.5876 7.40
10% 2.09 3.04 5.21 0.5952 7.50
11% 2.12 3.08 5.29 0.6028 7.60
12% 2.15 3.13 5.36 0.6104 7.70
13% 2.18 3.17 5.43 0.6180 7.80
14% 2.21 3.22 5.51 0.6256 7.90
15% 2.24 3.27 5.58 0.6332 8.00
16% 2.28 3.31 5.65 0.6408 8.10
17% 2.31 3.36 5.73 0.6484 8.20
18% 2.34 3.41 5.81 0.6560 8.30
19% 2.37 3.46 5.88 0.6636 8.40
20% 2.41 3.51 5.96 0.6712 8.50
21% 2.44 3.55 6.04 0.6788 8.60
22% 2.47 3.60 6.12 0.6864 8.70
23% 2.51 3.65 6.19 0.6940 8.80
24% 2.54 3.70 6.27 0.7016 8.90
25% 2.57 3.75 6.35 0.7092 9.00
26% 2.61 3.80 6.43 0.7168 9.10
27% 2.64 3.85 6.51 0.7244 9.20
28% 2.68 3.90 6.60 0.7320 9.30
29% 2.71 3.95 6.68 0.7396 9.40
30% 2.75 4.01 6.76 0.7472 9.50.
``(B) County average yields.--
``(i) In general.--The loan rate for a
marketing assistance loan made to a producer
for a crop of a loan commodity under
subparagraph (A) shall apply with respect to
the production of the crop of the loan
commodity by the producer in a quantity that
does not exceed the historical county average
yield for the loan commodity established by the
National Agricultural Statistics Service,
adjusted for long-term yield trends.
``(ii) Excess production.--The loan rate
for a marketing assistance loan made to a
producer for a crop of a loan commodity under
subparagraph (A) with respect to the production
of the crop of the loan commodity in excess of
the historical county average yield for the
loan commodity described in clause (i) shall be
equal to the loan rate established for a 0%
projected percentage reduction rate for the
loan commodity under subparagraph (A).
``(iii) Disasters.--
``(I) In general.--If the
production of a crop of a loan
commodity by a producer is less than
the historical county average yield for
the loan commodity described in clause
(i) as a result of damaging weather, an
insurable peril, or related condition,
the producer may receive a payment on
the lost production that shall equal
the difference between--
``(aa) the maximum quantity
of loan commodity that could
have been designated for the
loan rate authorized under this
subsection for the producer;
and
``(bb) the quantity of loan
commodity the producer was able
to produce and commercially
market.
``(II) Calculation of payment.--The
payment described in subclause (I)
shall be equal to the loan deficiency
payment the producer could have
received on the lost production on any
date, selected by the producer, on
which a loan deficiency payment was
available for that crop of the loan
commodity.
``(C) Other loan commodities.--In the case of a
producer of a loan commodity not covered by
subparagraphs (A) and (B) that elects to participate in
the flexible fallow program under this subsection, the
loan rate for a marketing assistance loan under section
131 for the crop of the loan commodity shall be based
on--
``(i) in the case of grain sorghum, barley,
and oats, such level as the Secretary
determines is fair and reasonable in relation
to the rate that loans are made available for
corn, taking into consideration the feeding
value of the commodity in relation to corn;
``(ii) in the case of extra long staple
cotton, such level as the Secretary determines
is fair and reasonable; and
``(iii) in the case of oilseeds other than
soybeans, such level as the Secretary
determines is fair and reasonable in relation
to the loan rate available for soybeans, except
that the rate for the oilseeds (other than
cottonseed) shall not be less than the rate
established for soybeans on a per-pound basis
for the same crop.
``(4) Conservation uses.--
``(A) In general.--Subject to subparagraph (C), to
be eligible for a loan rate under this subsection, a
producer shall--
``(i) devote all acreage set aside under
this section to an annual conservation use
approved by the Secretary; and
``(ii) manage the set-aside acreage using
practices designed to enhance soil conservation
and wildlife habitat.
``(B) Limited grazing.--The Secretary may permit
limited grazing on the set-aside acreage where the
grazing is incidental to the gleaning of crop residues
on adjacent fields.
``(C) Other contracts.--A producer may enter into a
contract that requires multiyear conservation uses of
the set-aside acreage approved by the Secretary,
including carbon sequestration and recreational uses.
``(5) Certification.--To be eligible to participate in the
flexible fallow program for the 2001 or 2002 crops, a producer
shall certify to the Secretary (by farm serial number) the
total planted acreage assigned, planted, and set aside with
respect to each loan commodity.''.
(b) Conforming Amendments.--Section 132 of the Agricultural Market
Transition Act (7 U.S.C. 7232) is amended--
(1) in subsection (a)(1)(B), by striking ``$2.58'' and
inserting ``$2.75''; and
(2) in subsection (f)(1), by striking subparagraph (B) and
inserting the following:
``(B) not more than $4.72 per bushel.''.
(c) Crops.--This section and the amendments made by this section
shall apply to each of the 2001 and 2002 crops of a loan commodity (as
defined in section 102 of the Agricultural Market Transition Act (7
U.S.C. 7202)). | Food Security and Land Stewardship Act of 2001 - Amends the Agricultural Market Transition Act to establish a flexible fallow program for the 2001 and 2002 crop years under which a producer may idle a portion of the total loan commodity acreage in exchange for higher marketing assistance loan rates on the remaining acreage. | {"src": "billsum_train", "title": "A bill to amend the Agricultural Market Transition Act to establish a flexible fallow program under which a producer may idle a portion of the total planted acreage of the loan commodities of the producer in exchange for higher loan rates for marketing assistance loans on the remaining acreage of the producer."} | 2,160 | 70 | 0.609923 | 1.562489 | 0.954 | 2.618182 | 36.527273 | 0.836364 |