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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Federal Marijuana Prohibition
Act of 2017''.
SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.
(a) In General.--Part A of the Controlled Substances Act (21 U.S.C.
801 et seq.) is amended by adding at the end the following:
``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.
``(a) Prohibition on Certain Shipping or Transportation.--This Act
shall not apply to marihuana, except that it shall be unlawful only to
ship or transport, in any manner or by any means whatsoever, marihuana,
from one State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof, into any
other State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof, or from any
foreign country into any State, territory, or district of the United
States, or place noncontiguous to but subject to the jurisdiction
thereof, when such marihuana is intended, by any person interested
therein, to be received, possessed, sold, or in any manner used, either
in the original package or otherwise, in violation of any law of such
State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof.
``(b) Penalty.--Whoever knowingly violates subsection (a) shall be
fined under title 18, United States Code, imprisoned not more than 1
year, or both.''.
(b) Table of Contents.--The table of contents for the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84
Stat. 1236) is amended by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Application of this Act to marihuana.''.
SEC. 3. DEREGULATION OF MARIHUANA.
(a) Removed From Schedule of Controlled Substances.--Subsection (c)
of Schedule I of section 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii)
as clause (vii);
(iii) in subparagraph (C), by striking
``subparagraphs (A), (B), and (D)'' and
inserting ``subparagraphs (A) and (B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''. | Ending Federal Marijuana Prohibition Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to with respect to marijuana. It removes marijuana and tetrahydrocannabinols from schedule I. (A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.) Additionally, it eliminates criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. The bill does, however, make it a crime to knowingly ship or transport marijuana into a state where its receipt, possession, or sale is prohibited. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. | {"src": "billsum_train", "title": "Ending Federal Marijuana Prohibition Act of 2017"} | 1,497 | 222 | 0.442315 | 1.320989 | 0.735725 | 1.234286 | 6.902857 | 0.628571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Redevelopment Assistance
Act of 2003''.
SEC. 2. PURPOSES.
Consistent with section 2 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act
are--
(1) to provide targeted assistance, including planning
assistance, for projects that promote--
(A) the redevelopment, restoration, and economic
recovery of brownfield sites; and
(B) eco-industrial development; and
(2) through such assistance, to further the goals of
restoring the employment and tax bases of, and bringing new
income and private investment to, distressed communities that
have not participated fully in the economic growth of the
United States because of a lack of an adequate private sector
tax base to support essential public services and facilities.
SEC. 3. DEFINITIONS.
Section 3 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3122) is amended--
(1) by redesignating paragraphs (1), (2), and (3) through
(10) as paragraphs (2), (3), and (5) through (12),
respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Brownfield site.--The term `brownfield site' means a
brownfield site (as defined in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601)) with respect to which an entity has received,
or is eligible to receive, funding under section 104(k) of that
Act (42 U.S.C. 9604(k)) for site characterization, assessment,
or remediation.'';
(3) by inserting after paragraph (3) (as redesignated by
paragraph (1)) the following:
``(4) Eco-industrial development.--The term `eco-industrial
development' means development conducted in a manner in which
businesses cooperate with each other and the local community to
efficiently share resources (such as information, materials,
water, energy infrastructure, and natural habitat) with the
goals of--
``(A) economic gains;
``(B) improved environmental quality; and
``(C) equitable enhancement of human resources in
businesses and local communities.''; and
(4) by adding at the end the following:
``(13) Unused land.--The term `unused land' means any
publicly-owned or privately-owned unused, underused, or
abandoned land that is not contributing to the quality of life
or economic well-being of the community in which the land is
located.''.
SEC. 4. COORDINATION.
Section 103 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3132) is amended--
(1) by inserting ``(a) Comprehensive Economic Development
Strategies.--'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Brownfield Site Redevelopment.--The Secretary shall
coordinate activities relating to the redevelopment of brownfield sites
and the promotion of eco-industrial development under this Act with
other Federal agencies, States, local governments, consortia of local
governments, Indian tribes, nonprofit organizations, and public-private
partnerships.''.
SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended--
(1) by redesignating sections 210 through 213 as sections
211 through 214, respectively; and
(2) by inserting after section 209 the following:
``SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.
``(a) In General.--On the application of an eligible recipient, the
Secretary may make grants for projects to alleviate or prevent
conditions of excessive unemployment, underemployment, blight, and
infrastructure deterioration associated with brownfield sites,
including projects consisting of--
``(1) the development of public facilities;
``(2) the development of public services;
``(3) business development (including funding of a
revolving loan fund);
``(4) planning;
``(5) technical assistance;
``(6) training; and
``(7) the purchase of environmental insurance with respect
to an activity described in any of paragraphs (1) through (3).
``(b) Criteria for Grants.--The Secretary may provide a grant for a
project under this section only if--
``(1) the Secretary determines that the project will assist
the area where the project is or will be located to meet,
directly or indirectly, a special need arising from--
``(A) a high level of unemployment or
underemployment, or a high proportion of low-income
households;
``(B) the existence of blight and infrastructure
deterioration;
``(C) dislocations resulting from commercial or
industrial restructuring;
``(D) outmigration and population loss, as
indicated by--
``(i)(I) depletion of human capital
(including young, skilled, or educated
populations);
``(II) depletion of financial capital
(including firms and investment); or
``(III) a shrinking tax base; and
``(ii) resulting--
``(I) fiscal pressure;
``(II) restricted access to
markets; and
``(III) constrained local
development potential; or
``(E) the closure or realignment of--
``(i) a military or Department of Energy
installation; or
``(ii) any other Federal facility; and
``(2) except in the case of a project consisting of
planning or technical assistance--
``(A) the Secretary has approved a comprehensive
economic development strategy for the area where the
project is or will be located; and
``(B) the project is consistent with the
comprehensive economic development strategy.
``(c) Particular Community Assistance.--Assistance under this
section may include assistance provided for activities identified by a
community, the economy of which is injured by the existence of 1 or
more brownfield sites, to assist the community in--
``(1) revitalizing affected areas by--
``(A) diversifying the economy of the community; or
``(B) carrying out industrial or commercial
(including mixed use) redevelopment, or eco-industrial
development, projects on brownfield sites;
``(2) carrying out development that conserves land by--
``(A) reusing existing facilities and
infrastructure;
``(B) reclaiming unused land and abandoned
buildings; or
``(C) promoting eco-industrial development, and
environmentally responsible development, of brownfield
sites; or
``(3) carrying out a collaborative economic development
planning process, developed with broad-based and diverse
community participation, that addresses the economic
repercussions and opportunities posed by the existence of
brownfield sites in an area.
``(d) Direct Expenditure or Redistribution by Eligible Recipient.--
``(1) In general.--Subject to paragraph (2), an eligible
recipient of a grant under this section may directly expend the
grant funds or may redistribute the funds to public and private
entities in the form of a grant, loan, loan guarantee, payment
to reduce interest on a loan guarantee, or other appropriate
assistance.
``(2) Limitation.--Under paragraph (1), an eligible
recipient may not provide any grant to a private for-profit
entity.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. prec.
3121) is amended by striking the items relating to sections 210 through
213 and inserting the following:
``Sec. 210. Grants for brownfield site redevelopment.
``Sec. 211. Changed project circumstances.
``Sec. 212. Use of funds in projects constructed under projected cost.
``Sec. 213. Reports by recipients.
``Sec. 214. Prohibition on use of funds for attorney's and consultant's
fees.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding
at the end the following:
``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE
REDEVELOPMENT.
``(a) In General.--In addition to amounts made available under
section 701, there is authorized to be appropriated to carry out
section 210 $60,000,000 for each of fiscal years 2004 through 2008, to
remain available until expended.
``(b) Federal Share.--Notwithstanding section 204, subject to
section 205, the Federal share of the cost of activities funded with
amounts made available under subsection (a) shall be not more than 75
percent.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. prec.
3121) is amended by adding at the end of the items relating to title
VII the following:
``Sec. 704. Authorization of appropriations for brownfield site
redevelopment.''. | Brownfield Redevelopment Assistance Act of 2003 - Amends the Public Works and Economic Development Act of 1965 to authorize the Secretary of Commerce to make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites. Defines a "brownfield site," with exceptions, as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant. Defines eco-industrial development as development conducted in a manner in which businesses cooperate with each other and the local community to share resources efficiently (such as information, materials, water, energy infrastructure, and natural habitat) with the goals of economic gains, improved environmental quality, and equitable enhancement of human resources in businesses and local communities. | {"src": "billsum_train", "title": "To amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfield sites."} | 2,129 | 183 | 0.569125 | 1.730853 | 0.821593 | 5.032468 | 12.564935 | 0.876623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Investment Account Act of
2005''.
SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. INDIVIDUAL INVESTMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction an amount equal to the aggregate amount paid
in cash for the taxable year by such individual to an individual
investment account established for the benefit of such individual.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Individual investment account.--The term `individual
investment account' means a trust created or organized in the
United States for the exclusive benefit of an individual, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in any collectible (as defined in section 408(m)).
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
a taxable year if the contribution is made on account of such
taxable year and is made not later than the time prescribed by
law for filing the return for such taxable year (not including
extensions thereof).
``(c) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount distributed out of an individual
investment account shall be included in gross income by the
distributee unless such amount is part of a qualified first-
time homebuyer distribution.
``(2) Qualified first-time homebuyer distribution.--For
purposes of this subsection--
``(A) In general.--The term `qualified first-time
homebuyer distribution' has the meaning given to such
term by section 72(t)(8).
``(B) Dollar limitation.--The aggregate amount
which may be treated as qualified first-time homebuyer
distributions for all taxable years shall not exceed
$15,000.
``(C) Basis reduction.--The basis of any principal
residence described in subparagraph (A) shall be
reduced by the amount of any qualified first-time
homebuyer distribution.
``(3) Transfer of account incident to divorce.--The
transfer of an individual's interest in an individual
investment account to his former spouse under a divorce decree
or under a written instrument incident to a divorce shall not
be considered a taxable transfer made by such individual
notwithstanding any other provision of this subtitle, and such
interest at the time of the transfer shall be treated as an
individual investment account of such spouse and not of such
individual. Thereafter such account shall be treated, for
purposes of this subtitle, as maintained for the benefit of
such spouse.
``(d) Tax Treatment of Accounts.--
``(1) Exemption from tax.--An individual investment account
shall be exempt from taxation under this subtitle unless such
account has ceased to be such an account by reason of paragraph
(2). Notwithstanding the preceding sentence, any such account
shall be subject to the taxes imposed by section 511 (relating
to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the individual
investment account is established, that individual
engages in any transaction prohibited by section 4975
with respect to the account, the account shall cease to
be an individual investment account as of the first day
of that taxable year.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
an individual investment account by reason of
subparagraph (A) on the first day of any taxable year,
paragraph (1) of subsection (c) shall be applied as if
there were a distribution on such first day in an
amount equal to the fair market value (on such first
day) of all assets in the account (on such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year, an individual for whose benefit an individual
investment account is established uses the account or any
portion thereof as security for a loan, the portion so used
shall be treated as distributed to that individual.
``(4) Rollover contributions.--Subsection (c)(1) shall not
apply to any amount paid or distributed out of an individual
investment account to the individual for whose benefit the
account is maintained if such amount is paid into another
individual investment account for the benefit of such
individual not later than the 60th day after the day on which
he receives the payment or distribution.
``(e) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2005, the $15,000 amount
contained in subsection (c)(2)(B) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
2004' for `calendar year 1992' in subparagraph (B)
thereof.
``(2) Rounding.--If any dollar amount (as increased under
paragraph (1)) is not a multiple of $10, such dollar amount
shall be increased to nearest multiple of $10.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an individual
investment account described in subsection (b). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(g) Reports.--The trustee of an individual investment account
shall make such reports regarding such account to the Secretary and to
the individual for whose benefit the account is maintained with respect
to contributions, distributions, and such other matters as the
Secretary may require under regulations. The reports required by this
subsection shall be filed at such time and in such manner and furnished
to such individuals at such time and in such manner as may be required
by those regulations.''.
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (defining adjusted gross
income) is amended by inserting before the last sentence the following
new paragraph:
``(21) Individual investment account contributions.--The
deduction allowed by section 224 (relating to individual
investment accounts).''.
(c) Individual Investment Accounts Exempt From Estate Tax.--Part
III of subchapter A of chapter 11 of such Code is amended by
redesignating section 2046 as section 2047 and by inserting after
section 2045 the following new section:
``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS.
``Notwithstanding any other provision of law, there shall be
excluded from the value of the gross estate the value of any individual
investment account (as defined in section 224(b)). Section 1014 shall
not apply to such accounts.''.
(d) Nonrecognition of Gain on Sale of Principal Residence Where
Amount Equal to Otherwise Taxable Gain Deposited Into Individual
Investment Account.--Part III of subchapter B of chapter 1 of such Code
is amended by inserting after section 121 the following new section:
``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF
REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT.
``(a) General Rule.--Gross income does not include gain from the
sale or exchange of property if, during the 5-year period ending on the
date of the sale or exchange, such property has been owned and used by
the taxpayer as his principal residence for periods aggregating 2 years
or more.
``(b) Limitation.--The amount of gain excluded from gross income
under subsection (a) shall not exceed the amount paid in cash (during
the 1-year period beginning on the date of the sale or exchange) to an
individual investment account (as defined in section 224(b))
established for the benefit of the taxpayer or his spouse.
``(c) Certain Rules on Ownership and Use to Apply.--Rules similar
to the rules of section 121(d) shall apply for purposes of determining
ownership and use under this section.''.
(e) Tax on Prohibited Transactions.--
(1) Paragraph (1) of section 4975(e) of such Code (relating
to prohibited transactions) is amended by redesignating
subparagraphs (F) and (G) as subparagraphs (G) and (H),
respectively, and by inserting the following new subparagraph
after subparagraph (E):
``(F) an individual investment account described in
section 224(b), ''.
(2) Subsection (c) of section 4975 of such Code is amended
by adding at the end the following new paragraph:
``(7) Special rule for individual investment accounts.--An
individual for whose benefit an individual investment account
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an
individual investment account by reason of the application of
section 224(d)(2)(A) to such account.''.
(f) Failure to Provide Reports on Individual Investment Accounts.--
Paragraph (2) of section 6693(a) of such Code is amended by
redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F),
respectively, and by inserting after subparagraph (C) the following new
subparagraph:
``(D) section 224(g) (relating to individual
investment accounts),''.
(g) Adjustment of Basis of Residence Acquired Through Use of
Account.--Subsection (a) of section 1016 of such Code is amended by
striking ``and'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, and'', and by adding at
the end thereof the following new paragraph:
``(32) to the extent provided in section 224(c)(2)(C), in
the case of a residence the acquisition of which was made in
whole or in part with funds from an individual investment
account.''.
(h) Clerical Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 121 the following new item:
``Sec. 121A. Exclusion of gain from sale of principal residence if
reinvestment in individual investment
account.''.
(2) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 224 and inserting the following:
``Sec. 224. Individual investment accounts.
``Sec. 225. Cross reference.''.
(3) The table of sections for part III of subchapter A of
chapter 11 of such Code is amended by striking the item
relating to section 2046 and inserting the following new items:
``Sec. 2046. Individual investment accounts.
``Sec. 2047. Disclaimers.''.
(i) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Individual Investment Account Act of 2005 - Amends the Internal Revenue Code to allow an individual taxpayer a tax deduction from gross income (whether or not the taxpayer itemizes deductions) for cash contributions to an individual investment account. Permits tax free distributions up to $15,000 from such accounts for the purchase of a principal residence by a first-time homebuyer. Allows an annual inflation adjustment to the $15,000 limit beginning in 2006.
Excludes individual investment accounts from the calculation of the gross estate for estate tax purposes.
Excludes from gross income gain from the sale of a principal residence if such gain is reinvested in an individual investment account. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to individual investment accounts, and for other purposes."} | 2,893 | 142 | 0.542023 | 1.393345 | 0.696198 | 1.983471 | 21.363636 | 0.859504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-existing Condition Patient
Protection Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United States Census Bureau,
45,700,000 individuals were uninsured in 2007.
(2) According to a recent study by the Commonwealth Fund,
the number of underinsured adults ages 19 to 64 has jumped 60
percent over the last 4 years, from 16,000,000 in 2003 to
25,000,000 in 2007.
(3) According to the Center for Disease Control and
Prevention, approximately 45 percent of Americans have at least
1 chronic condition.
(4) Forty-four States currently allow insurance companies
to deny coverage for, limit coverage for, or charge increased
premiums for a pre-existing condition.
(5) Over 26,000,000 individuals were enrolled in private
individual market health plans in 2007. Under the amendments
made by the Health Insurance Portability and Accountability Act
of 1996, these individuals have no protections against pre-
existing condition exclusions or waiting periods.
(6) When an individual has a 63-day gap in health insurance
coverage, pre-existing condition exclusions, such as limiting
coverage, can be placed on them when they become insured under
a new health insurance policy.
(7) Eliminating pre-existing condition exclusions for all
individuals is a vital safeguard to ensuring all Americans have
access to health care when in need.
(8) According to a Kaiser Family Foundation/Harvard School
of Public Health public opinion poll, 58 percent of Americans
strongly favor the Federal Government requiring health
insurance companies to cover anyone who applies for health
coverage, even if they have a prior illness.
SEC. 3. ELIMINATION OF PRE-EXISTING CONDITION EXCLUSIONS UNDER GROUP
HEALTH PLANS.
(a) Application Under the Employee Retirement Income Security Act
of 1974.--
(1) Elimination of pre-existing condition exclusions.--
Section 701 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181) is amended--
(A) by amending the heading to read as follows:
``elimination of pre-existing condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, with respect to a
participant or beneficiary--
``(1) may not impose any pre-existing condition exclusion;
and
``(2) in the case of a group health plan that offers
medical care through health insurance coverage offered by a
health maintenance organization, may not provide for an
affiliation period with respect to coverage through the
organization.'';
(C) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Affiliation period.--The term `affiliation period'
means a period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective.'';
(D) by striking subsections (c), (d), (e), and (g);
and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Clerical amendment.--The item in the table of contents
of such Act relating to section 701 is amended to read as
follows:
``Sec. 701. Elimination of pre-existing condition exclusions.''.
(b) Application Under Public Health Service Act.--
(1) Elimination of pre-existing condition exclusions.--
Section 2701 of the Public Health Service Act (42 U.S.C. 300gg)
is amended--
(A) by amending the heading to read as follows:
``Elimination of pre-existing condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, with respect to a
participant or beneficiary--
``(1) may not impose any pre-existing condition exclusion;
and
``(2) in the case of a group health plan that offers
medical care through health insurance coverage offered by a
health maintenance organization, may not provide for an
affiliation period with respect to coverage through the
organization.'';
(C) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Affiliation period.--The term `affiliation period'
means a period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective.'';
(D) by striking subsections (c), (d), (e), and (g);
and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Technical amendments relating to employer size.--
Section 2711 of such Act (42 U.S.C. 300gg-11) is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``Small'';
(ii) in paragraph (1)--
(I) by striking ``(c) through (f)''
and inserting ``(b) through (d)'';
(II) in the matter before
subparagraph (A), by striking
``small''; and
(III) in subparagraph (A), by
striking ``small employer (as defined
in section 2791(e)(4))'' and inserting
``employer''; and
(iii) in paragraph (2)--
(I) by striking ``small'' each
place it appears; and
(II) by striking ``coverage to a''
and inserting ``coverage to an'';
(B) by striking subsection (b);
(C) in subsections (c), (d), and (e), by striking
``small'' each place it appears; and
(D) by striking subsection (f).
(c) Application Under the Internal Revenue Code of 1986.--
(1) Elimination of pre-existing condition exclusions.--
Section 9801 of the Internal Revenue Code of 1986 is amended--
(A) by amending the heading to read as follows:
``Elimination of pre-existing condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan with respect to a
participant or beneficiary may not impose any pre-existing condition
exclusion.'';
(C) by striking paragraph (3) of subsection (b);
(D) by striking subsections (c), (d), and (e); and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Clerical amendment.--The item in the table of sections
of chapter 100 of such Code relating to section 9801 is amended
to read as follows:
``Sec. 9801. Elimination of pre-existing condition exclusions.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
group health plans for plan years beginning after the end of
the 12th calendar month following the date of the enactment of
this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act);
or
(B) the date that is after the end of the 12th
calendar month following the date of enactment of this
Act.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by the amendments made by this section shall not be
treated as a termination of such collective bargaining
agreement.
SEC. 4. NONDISCRIMINATION IN INDIVIDUAL HEALTH INSURANCE.
(a) In General.--Section 2741 of the Public Health Service Act (42
U.S.C. 300gg-41) is amended by striking subsection (a) and inserting
the following:
``(a) In General.--
``(1) Guaranteed issue.--Subject to the succeeding
subsections of this section, each health insurance issuer that
offers health insurance coverage (as defined in section
2791(b)(1)) in the individual market to individuals residing in
an area may not, with respect to an eligible individual (as
defined in subsection (b)) residing in the area who desires to
enroll in individual health insurance coverage--
``(A) decline to offer such coverage to, or deny
enrollment of, such individual; or
``(B) impose any pre-existing condition exclusion
(as defined in section 2701(b)(1)(A)) with respect to
such coverage.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market after the end
of the 12th calendar month following the date of the enactment of this
Act.
SEC. 5. TRANSPARENCY IN CLAIMS DATA.
(a) Report on Adverse Selection.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report concerning the occurrence of
adverse selection as a result of the enactment of this Act. Such report
shall be based on the data reported under subsection (b).
(b) Mandatory Reporting.--A health insurance issuer to which this
Act applies, shall upon the request of the Secretary, submit to the
Secretary of Health and Human Services, data concerning--
(1) the number of new enrollees in health plans offered by
the issuer during the year involved;
(2) the number of enrollees who re-enrolled in health plans
offered by the issuer during the year involved;
(3) the demographic characteristics of enrollees;
(4) the number, nature, and dollar amount of claims made by
enrollees during the year involved;
(5) the number of enrollees who disenrolled or declined to
be re-enrolled during the year involved; and
(6) any other information determined appropriate by such
Secretary.
(c) Enforcement.--Part C of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-91 et seq.) is amended by adding at the
end the following:
``SEC. 2793. PROVISION OF INFORMATION.
``(a) In General.--The Secretary shall require that group health
plans and health insurance issuers to which this Act applies provide
data to the Secretary, at such times and in such manner as the
Secretary may require, in order to permit the Secretary to monitor
compliance with the requirements of this Act (including requirements
imposed under the Pre-existing Condition Patient Protection Act of 2009
(and the amendment made by that Act)).
``(b) Civil Penalties.--
``(1) In general.--A group health plan or health insurance
issuer that fails to provide information as required under
subsection (a) shall be subject to a civil money penalty under
this section.
``(2) Amount of penalty.--
``(A) In general.--The maximum amount of penalty
imposed under this paragraph is $100 per covered life
for each day that the plan or issuer fails to comply
with this section.
``(B) Consideration in imposition.--In determining
the amount of any penalty to be assessed under this
paragraph, the Secretary shall take into account the
previous record of compliance of the entity being
assessed with this section and the gravity of the
violation.''.
SEC. 6. REPORT ON AFFORDABLE HEALTH INSURANCE COVERAGE.
Not later than 12 months after the date of enactment of this Act,
the Government Accountability Office shall submit to the Secretary of
Health and Human Services a report concerning the impact of this Act
and other Federal laws relating to the regulation of health insurance
and its effect on the affordability of health insurance coverage for
individuals in all insurance markets and a description of the effect of
this Act on the expansion of coverage and reductions in the number of
uninsured and underinsured. | Pre-existing Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective.
Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage.
Revises provisions governing individual health insurance coverage to apply certain prohibitions related to denying coverage and preexisting condition exclusions to coverage offered in an area (currently, a state).
Requires the Secretary of Health and Human Services to report to Congress concerning the occurrence of adverse selection as a result of this Act. Requires health insurance issuers to which this Act applies to submit to the Secretary specified information on enrollees and claims.
Directs the Secretary to require that group health plans and health insurance issuers provide data to the Secretary for compliance purposes. Sets forth civil penalties for violations.
Directs the Government Accountability Office (GAO) to report to the Secretary on: (1) the impact of this Act and other relevant federal laws; and (2) this Act's effect on the affordability of health insurance coverage and on the expansion of coverage and reductions in the number of uninsured and underinsured. | {"src": "billsum_train", "title": "A bill to amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Service Act, and the Internal Revenue Code of 1986 to prohibit preexisting condition exclusions in group health plans and in health insurance coverage in the group and individual markets."} | 2,867 | 336 | 0.532955 | 1.60985 | 0.721583 | 3.262976 | 9.055363 | 0.875433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Quality Education Act of
2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Tennessee's wide-ranging and research-intensive STAR
project began in the mid-1980's when the Tennessee legislature
funded an initial 4-year study seeking to compare achievements
for early grade students who would be assigned randomly to a
standard-sized class, a standard-sized class with a teacher
aide, or a class with reduced size. Several new analyses of the
Tennessee STAR program show that reducing class size has both
immediate and long-term benefits.
(2) Research shows that the benefits of participating in
small classes increase from year to year, both in the early
grades when classes are small and in subsequent years when
students are placed in larger classes.
(3) Further, follow-up studies of the same students show
that high-school students who were in small classes in first
through third grades beginning in 1985 were less likely to be
held back a year or suspended compared with their peers from
larger classes.
(4) The students from small classes were found to be making
better grades in high school and taking more advanced courses.
(5) The State of Wisconsin passed legislation in 1995 to
phase in reduction of classes to 15 students in low-wealth
schools. A January 2003 study of that program, called SAGE,
revealed that average test scores in smaller first grade
classes increased 12 to 14 percent more than scores of students
in regular classes.
(6) Research further shows that at the end of fifth grade,
students who were in small classes in first through third
grades were about half a school year (5 months) ahead of
students from larger classes in all core subjects--reading,
language arts, math, and science.
(7) In 1999, the Department of Education reported that
studies have consistently identified a positive relationship
between reduced class size and improved student performance.
The National Assessment on Educational Progress, the Economic
Policy Institute, RAND, the Educational Testing Service, the
American Institute of Research, and many other respected
organizations have reached similar conclusions.
(8) In smaller classes, teachers spend more time on
instruction and less time on discipline problems, reporting
that they know their students better, know where each child is
in the learning process, and can provide more individualized
instruction.
(9) Smaller classes lead to better identification of
students who need special help, increased student participation
and engagement, improved student behavior, and reduced
retention of students in the same grade.
(10) Outcomes associated with small classes are the
foundation of safe schools: improved student behavior and human
relations skills, increased participation in schooling and
school-sanctioned events, increased sense of community in small
classes, and generally improved school climate where students,
teachers, and parents feel more comfortable.
(b) Purpose.--The purpose of this Act is to assist States to
proactively attempt to lower class size in order to provide students
and teachers with an educational environment more conducive to optimal
student performance.
SEC. 3. CLASS SIZE REDUCTION MATCHING GRANT PROGRAM.
(a) Grants.--The Secretary of Education may make grants to eligible
entities to reduce the size of core curriculum classes in public
elementary and secondary schools.
(b) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means any State, or any local educational agency in a State
that is not a grantee under this section, that meets the following:
(1) The State or local educational agency has in effect a
class size reduction program that--
(A) applies to all public elementary and secondary
schools served by the State or local educational
agency, respectively; and
(B) may be targeted to specific school populations
based on need, socioeconomic factors, or school-age
population.
(2) The State or local educational agency has funding in
its annual budget specifically allocated for the program
described in paragraph (1).
(3) The average core curriculum class size at schools
served by the State or local educational agency--
(A) in kindergarten through third grade, is greater
than 18 students;
(B) in fourth through eighth grade, is greater than
22 students; or
(C) in ninth through twelfth grade, is greater than
25 students.
(c) Use of Funds.--The Secretary may not make a grant under this
section unless the grantee agrees to use the grant for the following:
(1) Constructing new classroom space.
(2) Hiring additional teachers.
(3) Purchasing portable structures to replace
administrative offices converted into classroom space.
(d) Restrictions.--The Secretary may not make a grant under this
section unless the grantee agrees that funds received under the grant
will not be used for any of the following:
(1) To pay any long-term financing obligations such as
bonding.
(2) To pay any administrative costs or fees.
(e) Priority.--In awarding grants under this section, the Secretary
may give priority to eligible entities that serve schools in which--
(1) more than 17 percent of the students older than 4 and
younger than 18 years of age are from families with incomes
below the poverty line; or
(2) the average core curriculum class size is higher,
particularly in the primary grades, than the average core
curriculum class size at schools served by other grant
applicants for the fiscal year.
(f) Matching Funds.--
(1) In general.--The Secretary may not make a grant under
this section unless the grantee agrees to make available
(directly or through donations from public or private entities)
non-Federal contributions toward the costs of the activities
under the grant in an amount that is not less than $2 for each
$1 provided by the Secretary in the grant.
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. 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.
(g) Application.--
(1) Submission.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--An application for a grant under this
section shall include the following:
(A) Certification of the average core curriculum
class size at schools served by the eligible entity for
each of the grade ranges that--
(i) are described in subsection (b)(3); and
(ii) will be served by the entity's class
size reduction program.
(B) Certification of the eligible entity's actual
and expected expenditures for the entity's class size
reduction program for the fiscal year involved.
(C) A description of the eligible entity's class
size reduction program and the program's goals.
(D) A description of how the eligible entity
intends to use funds received under the grant.
(E) In the case of an eligible entity that has
already received a grant under this section, the
entity's progress in achieving the goals of its class
size reduction program, particularly relative to high
poverty areas.
(3) Deadline.--The Secretary shall establish a deadline for
the submission of applications for a grant under this section.
(h) Other Definitions.--In this section:
(1) The term ``average core curriculum class size'' means
the number that is--
(A) equal to the sum of the number of students in
each core curriculum class (including for each school
term and period of instruction) divided by the total
number of such classes; and
(B) is based on the ratio of physical class rooms
to students, irrespective of the ratio of teachers to
students.
(2) The term ``core curriculum class'' means a class in any
of the following subjects:
(A) Mathematics.
(B) Science.
(C) Reading, language arts, or English, including
English for speakers of other languages.
(D) Social studies, including history, civics,
political science, government, geography, and
economics.
(E) Foreign language.
(3) The terms ``local educational agency'' and ``poverty
line'' have the meanings given those terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) The term ``Secretary'' means the Secretary of
Education.
(5) The term ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, any other territory or possession of
the United States, and any Indian tribe (as that term is
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
(i) Funding.--
(1) Biannual payments.--The Secretary shall make payments
to each grantee under this section on a biannual basis.
(2) Limitation.--For any fiscal year, the Secretary may not
make a payment to any grantee under this section in an amount
that exceeds the lesser of the following:
(A) An amount that is 20 percent of the total
amount appropriated to carry out this section for the
fiscal year.
(B) $200,000,000. | High-Quality Education Act of 2003 - Authorizes the Secretary of Education to make matching grants to reduce the size of core curriculum classes in public elementary and secondary schools. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to reduce the size of core curriculum classes in public elementary and secondary schools, and for other purposes."} | 2,036 | 37 | 0.392786 | 0.990488 | 0.422362 | 5.09375 | 62.71875 | 0.96875 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Universal National
Service Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. National service obligation.
Sec. 3. Two-year period of national service.
Sec. 4. Implementation by the President.
Sec. 5. Induction.
Sec. 6. Deferments and postponements.
Sec. 7. Induction exemptions.
Sec. 8. Conscientious objection.
Sec. 9. Discharge following national service.
Sec. 10. Registration of females under the Military Selective Service
Act.
Sec. 11. Relation of Act to registration and induction authority of
Military Selective Service Act.
Sec. 12. Definitions.
SEC. 2. NATIONAL SERVICE OBLIGATION.
(a) Obligation for Young Persons.--It is the obligation of every
citizen of the United States, and every other person residing in the
United States, who is between the ages of 18 and 26 to perform a period
of national service as prescribed in this Act unless exempted under the
provisions of this Act.
(b) Form of National Service.--National service under this Act
shall be performed either--
(1) as a member of an active or reserve component of the
uniformed services; or
(2) in a civilian capacity that, as determined by the
President, promotes the national defense, including national or
community service and homeland security.
(c) Induction Requirements.--The President shall provide for the
induction of persons covered by subsection (a) to perform national
service under this Act.
(d) Selection for Military Service.--Based upon the needs of the
uniformed services, the President shall--
(1) determine the number of persons covered by subsection
(a) whose service is to be performed as a member of an active
or reserve component of the uniformed services; and
(2) select the individuals among those persons who are to
be inducted for military service under this Act.
(e) Civilian Service.--Persons covered by subsection (a) who are
not selected for military service under subsection (d) shall perform
their national service obligation under this Act in a civilian capacity
pursuant to subsection (b)(2).
SEC. 3. TWO-YEAR PERIOD OF NATIONAL SERVICE.
(a) General Rule.--Except as otherwise provided in this section,
the period of national service performed by a person under this Act
shall be two years.
(b) Grounds for Extension.--At the discretion of the President, the
period of military service for a member of the uniformed services under
this Act may be extended--
(1) with the consent of the member, for the purpose of
furnishing hospitalization, medical, or surgical care for
injury or illness incurred in line of duty; or
(2) for the purpose of requiring the member to compensate
for any time lost to training for any cause.
(c) Early Termination.--The period of national service for a person
under this Act shall be terminated before the end of such period under
the following circumstances:
(1) The voluntary enlistment and active service of the
person in an active or reserve component of the uniformed
services for a period of at least two years, in which case the
period of basic military training and education actually served
by the person shall be counted toward the term of enlistment.
(2) The admission and service of the person as a cadet or
midshipman at the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, the
Coast Guard Academy, or the United States Merchant Marine
Academy.
(3) The enrollment and service of the person in an officer
candidate program, if the person has signed an agreement to
accept a Reserve commission in the appropriate service with an
obligation to serve on active duty if such a commission is
offered upon completion of the program.
(4) Such other grounds as the President may establish.
SEC. 4. IMPLEMENTATION BY THE PRESIDENT.
(a) In General.--The President shall prescribe such regulations as
are necessary to carry out this Act.
(b) Matter To Be Covered by Regulations.--Such regulations shall
include specification of the following:
(1) The types of civilian service that may be performed for
a person's national service obligation under this Act.
(2) Standards for satisfactory performance of civilian
service and of penalties for failure to perform civilian
service satisfactorily.
(3) The manner in which persons shall be selected for
induction under this Act, including the manner in which those
selected will be notified of such selection.
(4) All other administrative matters in connection with the
induction of persons under this Act and the registration,
examination, and classification of such persons.
(5) A means to determine questions or claims with respect
to inclusion for, or exemption or deferment from induction
under this Act, including questions of conscientious objection.
(6) Standards for compensation and benefits for persons
performing their national service obligation under this Act
through civilian service.
(7) Such other matters as the President determines
necessary to carry out this Act.
(c) Use of Prior Act.--To the extent determined appropriate by the
President, the President may use for purposes of this Act the
procedures provided in the Military Selective Service Act (50 U.S.C.
App. 451 et seq.), including procedures for registration, selection,
and induction.
SEC. 5. INDUCTION.
(a) In General.--Every person subject to induction for national
service under this Act, except those whose training is deferred or
postponed in accordance with this Act, shall be called and inducted by
the President for such service at the time and place specified by the
President.
(b) Age Limits.--A person may be inducted under this Act only if
the person has attained the age of 18 and has not attained the age of
26.
(c) Voluntary Induction.--A person subject to induction under this
Act may volunteer for induction at a time other than the time at which
the person is otherwise called for induction.
(d) Examination; Classification.--Every person subject to induction
under this Act shall, before induction, be physically and mentally
examined and shall be classified as to fitness to perform national
service. The President may apply different classification standards for
fitness for military service and fitness for civilian service.
SEC. 6. DEFERMENTS AND POSTPONEMENTS.
(a) High School Students.--A person who is pursuing a standard
course of study, on a full-time basis, in a secondary school or similar
institution of learning shall be entitled to have induction under this
Act postponed until the person--
(1) obtains a high school diploma;
(2) ceases to pursue satisfactorily such course of study;
or
(3) attains the age of 20.
(b) Hardship and Disability.--Deferments from national service
under this Act may be made for--
(1) extreme hardship; or
(2) physical or mental disability.
(c) Training Capacity.--The President may postpone or suspend the
induction of persons for military service under this Act as necessary
to limit the number of persons receiving basic military training and
education to the maximum number that can be adequately trained.
(d) Termination.--No deferment or postponement of induction under
this Act shall continue after the cause of such deferment or
postponement ceases.
SEC. 7. INDUCTION EXEMPTIONS.
(a) Qualifications.-- No person may be inducted for military
service under this Act unless the person is acceptable to the Secretary
concerned for training and meets the same health and physical
qualifications applicable under section 505 of title 10, United States
Code, to persons seeking original enlistment in a regular component of
the Armed Forces.
(b) Other Military Service.--No person shall be liable for
induction under this Act who--
(1) is serving, or has served honorably for at least six
months, in any component of the uniformed services on active
duty; or
(2) is or becomes a cadet or midshipman at the United
States Military Academy, the United States Naval Academy, the
United States Air Force Academy, the Coast Guard Academy, the
United States Merchant Marine Academy, a midshipman of a Navy
accredited State maritime academy, a member of the Senior Reserve
Officers' Training Corps, or the naval aviation college program, so
long as that person satisfactorily continues in and completes two years
training therein.
SEC. 8. CONSCIENTIOUS OBJECTION.
(a) Claims as Conscientious Objector.--Any person selected under
this Act for induction into the uniformed services who claims, because
of religious training and belief (as defined in section 6(j) of the
Military Selective Service Act (50 U.S.C. 456(j))), exemption from
combatant training included as part of that military service and whose
claim is sustained under such procedures as the President may
prescribe, shall, when inducted, participate in military service that
does not include any combatant training component.
(b) Transfer to Civilian Service.--Any such person whose claim is
sustained may, at the discretion of the President, be transferred to a
national service program for performance of such person's national
service obligation under this Act.
SEC. 9. DISCHARGE FOLLOWING NATIONAL SERVICE.
(a) Discharge.--Upon completion or termination of the obligation to
perform national service under this Act, a person shall be discharged
from the uniformed services or from civilian service, as the case may
be, and shall not be subject to any further service under this Act.
(b) Coordination With Other Authorities.--Nothing in this section
shall limit or prohibit the call to active service in the uniformed
services of any person who is a member of a regular or reserve
component of the uniformed services.
SEC. 10. REGISTRATION OF FEMALES UNDER THE MILITARY SELECTIVE SERVICE
ACT.
(a) Registration Required.--Section 3(a) of the Military Selective
Service Act (50 U.S.C. 453(a)) is amended--
(1) by striking ``male'' both places it appears;
(2) by inserting ``or herself'' after ``himself''; and
(3) by striking ``he'' and inserting ``the person''.
(b) Conforming Amendment.--Section 16(a) of the Military Selective
Service Act (50 U.S.C. App. 466(a)) is amended by striking ``men'' and
inserting ``persons''.
SEC. 11. RELATION OF ACT TO REGISTRATION AND INDUCTION AUTHORITY OF
MILITARY SELECTIVE SERVICE ACT.
(a) Registration.--Section 4 of the Military Selective Service Act
(50 U.S.C. App. 454) is amended by inserting after subsection (g) the
following new subsection:
``(h) This section does not apply with respect to the induction of
persons into the Armed Forces pursuant to the Universal National
Service Act of 2003.''.
(b) Induction.--Section 17(c) of the Military Selective Service Act
(50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and
all that follows through the period at the end and inserting ``inducted
pursuant to the Universal National Service Act of 2003.''.
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``military service'' means service performed
as a member of an active or reserve component of the uniformed
services.
(2) The term ``Secretary concerned'' means the Secretary of
Defense with respect to the Army, Navy, Air Force, and Marine
Corps, the Secretary of Homeland Security with respect to the
Coast Guard, the Secretary of Commerce, with respect to matters
concerning the National Oceanic and Atmospheric Administration,
and the Secretary of Health and Human Services, with respect to
matters concerning the Public Health Service.
(3) The term ``United States'', when used in a geographical
sense, means the several States, the District of Columbia,
Puerto Rico, the Virgin Islands, and Guam.
(4) The term ``uniformed services'' means the Army, Navy,
Air Force, Marine Corps, Coast Guard, commissioned corps of the
National Oceanic and Atmospheric Administration, and
commissioned corps of the Public Health Service. | Universal National Service Act of 2003 - Declares that it is the obligation of every U.S. citizen, and every other person residing in the United States, between the ages of 18 and 26 to perform a two-year period of national service, unless exempted, either as a member of an active or reserve component of the armed forces or in a civilian capacity that promotes national defense. Requires induction into national service by the President. Sets forth provisions governing: (1) induction deferments, postponements, and exemptions, including exemption of a conscientious objector from military service that includes combatant training; and (2) discharge following national service.Amends the Military Selective Service Act to authorize the military registration of females. | {"src": "billsum_train", "title": "A bill to provide for the common defense by requiring that all young persons in the United States, including women, perform a period of military service or a period of civilian service in furtherance of the national defense and homeland security, and for other purposes."} | 2,794 | 170 | 0.611606 | 1.580192 | 0.663112 | 4.414815 | 18.562963 | 0.918519 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Workers Act of
1997''.
SEC. 2. CHANGES RELATING TO H-1B NONIMMIGRANTS.
(a) Attestations.--
(1) Compensation level.--Section 212(n)(1)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)(i)) is
amended--
(A) in subclause (I), by inserting ``100 percent
of'' before ``the actual wage level'',
(B) in subclause (II), by inserting ``100 percent
of'' before ``the prevailing wage level'', and
(C) by adding at the end the following: ``is
offering and will offer during such period the same
benefits and additional compensation provided to
similarly-employed workers by the employer, and''.
(2) Displacement of united states workers.--Section
212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)) is amended by inserting after subparagraph (D) the
following new subparagraph:
``(E)(i) The employer--
``(I) has not, within the six-month period prior to
the filing of the application, laid off or otherwise
displaced any United States worker (as defined in
clause (ii)), including any worker obtained by
contract, employee leasing, temporary help agreement,
or other similar basis, in the occupational
classification which is the subject of the application
and in which the nonimmigrant is intended to be (or is)
employed; and
``(II) within 90 days following the application,
and within 90 days before and after the filing of a
petition for any H-1B worker pursuant to that
application, will not lay off or otherwise displace any
United States worker in the occupational classification
which is the subject of the application and in which
the nonimmigrant is intended to be (or is) employed.
``(ii) For purposes of this subparagraph, the term `United
States worker' means--
``(I) a citizen or national of the United States;
``(II) an alien lawfully admitted to the United
States for permanent residence; and
``(III) an alien authorized to be so employed by
this Act or by the Attorney General.
``(iii) For purposes of this subparagraph, the term `laid
off', with respect to an employee, means the employee's loss of
employment, other than a discharge for cause or a voluntary
departure or voluntary retirement.''.
(3) Recruitment of united states workers.--Section
212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)), as amended by paragraph (2), is further amended by
inserting after subparagraph (E) the following new
subparagraph:
``(F) The employer, prior to filing the application,
attempted unsuccessfully and in good faith to recruit a United
States worker for the employment that will be done by the alien
whose services are being sought, using recruitment procedures
that meet industry-wide standards and offering wages that are
at least--
``(i) 100 percent of the actual wage level paid by
the employer to other individuals with similar
experience and qualifications for the specific
employment in question, or
``(ii) 100 percent of the prevailing wage level for
individuals in such employment in the area of
employment,
whichever is greater, based on the best information available
as of the date of filing the application, and offering the same
benefits and additional compensation provided to similarly-
employed workers by the employer.''.
(4) Dependence on h-1b workers.--Section 212(n)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as
amended by paragraphs (2) and (3), is further amended by
inserting after subparagraph (F) the following new
subparagraph:
``(G)(i) Whether the employer is dependent on H-1B workers,
as defined in clause (ii) and in such regulations as the
Secretary of Labor may develop and promulgate in accordance
with this paragraph.
``(ii) For purposes of clause (i), an employer is
`dependent on H-1B workers' if the employer--
``(I) has fewer than 41 full-time equivalent
employees who are employed in the United States and
employs four or more nonimmigrants under section
101(a)(15)(H)(i)(b); or
``(II) has at least 41 full-time equivalent
employees who are employed in the United States, and
employs nonimmigrants described in section
101(a)(15)(H)(i)(b) in a number that is equal to at
least ten percent of the number of such full-time
equivalent employees.
``(iii) In applying this subparagraph, any group treated as
a single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986 shall be
treated as a single employer under this subparagraph. Aliens
with respect to whom the employer has filed such an application
shall be treated as employees, and counted as nonimmigrants
under section 101(a)(15)(H)(i)(b), under this paragraph.''.
(5) Job contractors.--(A) Section 212(n)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as
amended by paragraphs (2) through (4), is further amended by
inserting after subparagraph (G) the following new
subparagraph:
``(H) In the case of an employer that is a job contractor
(within the meaning of regulations promulgated by the Secretary
of Labor to carry out this subsection), the contractor will not
place any H-1B employee with another employer unless such other
employer has executed an attestation that the employer is
complying and will continue to comply with the requirements of
this paragraph in the same manner as they apply to the job
contractor.''.
(B) Section 212(n)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the
following new subparagraph:
``(E) The provisions of this paragraph shall apply to complaints
respecting a failure of another employer to comply with an attestation
described in paragraph (1), that has been made as the result of the
requirement imposed on job contractors under paragraph (1)(H), in the
same manner that they apply to complaints of a petitioner with respect
to a failure to comply with a condition described in paragraph (1) by
employers generally.''.
(b) Special Rules for Employers Dependent on H-1B Workers.--Section
212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is
amended by adding at the end the following new paragraph:
``(3)(A) No alien may be admitted or provided status as a
nonimmigrant described in section 101(a)(15)(H)(i)(b) if the employer
who is seeking the services of such alien has attested under paragraph
(1)(G) that the employer is dependent on H-1B workers unless the
following conditions are met:
``(i) The Secretary of Labor has determined and certified
to the Secretary of State and the Attorney General that the
employer who is seeking the services of such alien is taking
steps described in subparagraph (C) (including having taken the
step described in subparagraph (D)).
``(ii) The alien has demonstrated to the satisfaction of
the Secretary of State and the Attorney General that the alien
has a residence abroad which he has no intention of abandoning.
``(B)(i) It is unlawful for a petitioning employer to require, as a
condition of employment by such employer, or otherwise, that a payment
to a fund described in subparagraph (D)(i), or any part of it, be made
directly or indirectly by the alien whose services are being sought.
``(ii) Any person or entity which is determined, after notice and
opportunity for an administrative hearing, to have violated clause (i)
shall be subject to a civil penalty of $5,000 for each violation and to
disqualification for 1 year from petitioning under section 204 or
214(c).
``(iii) Any amount determined to have been paid, directly or
indirectly, to a fund described in subparagraph (D)(i) by the alien
whose services were sought, shall be repaid from the fund or by the
employer, as appropriate, to such alien.
``(C)(i) An employer who attests under paragraph (1)(G) to
dependence on H-1B workers shall take timely, significant, and
effective steps (including the step described in subparagraph (D)) to
recruit and retain sufficient United States workers in order to remove
as quickly as reasonably possible the dependence of the employer on H-
1B workers.
``(ii) For purposes of clause (i), steps under clause (i) (in
addition to the step described in subparagraph (D)) may include the
following:
``(I) Operating a program of training existing employees
who are United States workers in the skills needed by the
employer, or financing (or otherwise providing for) such
employees' participation in such a training program elsewhere.
``(II) Providing career development programs and other
methods of facilitating United States workers in related fields
to acquire the skills needed by the employer.
``(III) Paying to employees who are United States workers
compensation that is equal in value to more than 105 percent of
what is paid to persons similarly employed in the geographic
area.
The steps described in this clause shall not be considered to be an
exhaustive list of the significant steps that may be taken to meet the
requirements of clause (i).
``(iii) The steps described in clause (i) shall not be considered
effective if the employer has failed to decrease by at least 10 percent
in each of two consecutive years the percentage of the employer's total
number of employees in the specific employment in which the H-1B
workers are employed which is represented by the number of H-1B
workers.
``(iv) The Attorney General shall not approve petitions filed under
section 204 or 214(c) with respect to an employer that has not, in the
prior two years, complied with the requirements of this subparagraph
(including subparagraph (D)).
``(D)(i) The step described in this subparagraph is payment of an
amount consistent with clause (ii) by the petitioning employer into a
private fund which is certified by the Secretary of Labor as dedicated
to reducing the dependence of employers in the industry of which the
petitioning employer is a part on new foreign workers and which expends
amounts received under this subclause consistent with clause (iii).
``(ii) An amount is consistent with this clause if it is a percent
of the value of the annual compensation (including wages, benefits, and
all other compensation) to be paid to the alien whose services are
being sought, equal to 5 percent in the first year, 7.5 percent in the
second year, and 10 percent in the third year.
``(iii) Amounts are expended consistent with this clause if they
are expended as follows:
``(I) One-half of the aggregate amounts are
expended for awarding scholarships and fellowships to
students at colleges and universities in the United
States who are citizens or lawful permanent residents
of the United States majoring in, or engaging in
graduate study of, subjects of direct relevance to the
employers in the same industry as the petitioning
employer.
``(II) One-half of the aggregate amounts are
expended for enabling United States workers in the
United States to obtain training in occupations
required by employers in the same industry as the
petitioning employer.''.
(c) Increased Penalties for Misrepresentation.--Section
212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)(C)) is amended--
(1) in subparagraph (C) in the matter before clause (i), by
striking ``(1)(C) or (1)(D)'' and inserting ``(1)(C), (1)(D),
(1)(E), or (1)(F) or to fulfill obligations imposed under
paragraph (3)(A) for employers attesting under paragraph (1)(G)
to dependence on H-1B workers'';
(2) in subparagraph (C)(i), by striking ``$1,000'' and
inserting ``$5,000'';
(3) by amending subparagraph (C)(ii) to read as follows:
``(ii) the Attorney General shall not approve petitions
filed with respect to that employer (or any employer who is a
successor in interest) under section 204 or 214(c) for aliens
to be employed by the employer--
``(I) during a period of at least 1 year in the
case of the first determination of a violation or any
subsequent determination of a violation occurring
within 1 year of that first violation or any subsequent
determination of a nonwillful violation occurring more
than 1 year after the first violation;
``(II) during a period of at least 5 years in the
case of a determination of a willful violation
occurring more than 1 year after the first violation;
and
``(III) at any time in the case of a determination
of a willful violation occurring more than 5 years
after a violation described in subclause (II).''; and
(4) in subparagraph (D), by adding at the end the
following: ``If a penalty under subparagraph (C) has been
imposed in the case of a willful violation, the Secretary shall
impose an additional civil monetary penalty on the employer in
an amount equalling twice the amount of backpay.''.
(d) Limitation on Period of Authorized Admission.--Section
214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4))
is amended--
(1) by inserting ``or section 101(a)(15)(H)(ii)(b)'' after
``section 101(a)(15)(H)(i)(b)''; and
(2) by striking ``6 years'' and inserting in lieu thereof
``3 years''.
(e) Requirement for Residence Abroad.--Section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b))
is amended by inserting ``who has a residence in a foreign country
which he has no intention of abandoning,'' after ``212(j)(2),''.
(f) Effective Dates.--
(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect 60 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (c) shall apply with
respect to violations occurring on or after the date of
enactment of this Act. | Protecting American Workers Act of 1997 - Amends the Immigration and Nationality Act with respect to the following conditions of H-1B nonimmigrant employment: (1) compensation level; (2) U.S. worker displacement and recruitment; (3)H-1B worker dependence; (4) job contractors; (5) misrepresentation penalties; (6) period of admission; and (7) foreign residence requirement. | {"src": "billsum_train", "title": "Protecting American Workers Act of 1997"} | 3,437 | 82 | 0.526683 | 1.294926 | 0.344923 | 2.097222 | 41.722222 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acquisition Workforce Improvement
Act of 2009''.
SEC. 2. GOVERNMENT-WIDE ACQUISITION MANAGEMENT FELLOWS PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end the
following new section:
``SEC. 45. GOVERNMENT-WIDE ACQUISITION MANAGEMENT FELLOWS PROGRAM.
``(a) Establishment of Program.--Not later than 180 days after the
date of the enactment of the Acquisition Workforce Improvement Act of
2009, the Administrator shall establish a government-wide acquisition
management fellows program (in this section referred to as the
`program') for the purpose of investing in the long-term improvement
and sustained excellence of the Federal acquisition workforce.
``(b) Objectives.--The objectives of the program shall be as
follows:
``(1) To develop a new generation of acquisition leaders
with government-wide perspective, skills, and experience.
``(2) To recruit individuals with the outstanding academic
merit, ethical value, business acumen, and leadership skills to
meet the acquisition needs of the Federal Government.
``(3) To offer, upon completion of the program,
opportunities for advancement, competitive compensation, and
leadership opportunities at various executive agencies.
``(c) Structure.--
``(1) Contracts, grants, and cooperative agreements.--The
Office of Federal Procurement Policy shall enter into
contracts, grants, or cooperative agreements with one or more
qualified universities with demonstrated expertise in Federal
Government acquisition.
``(2) Training.--The program shall consist of one academic
year of full-time, on-campus training followed by two years of
on-the-job and part-time training toward a Masters or
equivalent graduate degree in related fields.
``(3) Curriculum.--The curriculum of the program shall
include the following elements:
``(A) Rotational assignments at three or more
executive agencies covering, among other issues,
acquisition planning, cost estimation, formation and
post-award administration of cost-reimbursement
contracts, time-and-materials contracts, indefinite
delivery indefinite quantity contracts, and interagency
contracts, terminations, and contract close-out.
``(B) All required non-agency-specific training
courses necessary for basic contracting officer warrant
as established by the Office of Federal Procurement
Policy.
``(C) Emphasis on transparency, accountability, and
integrity in the public contracting process.
``(D) Other necessary courses and education as
required by participating universities.
``(4) Priority for employment.--
``(A) In general.--The head of each executive
agency shall give priority to graduates of the program
for purposes of hiring employees in the acquisition
field, based on performance during the program and
other qualifications, and shall initially appoint such
graduates to positions at the GS-12, 13, or 14 levels
of the General Schedule, or equivalents.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to authorize any hiring
that violates any merit system principle under section
2301 of title 5, United States Code, or conflicts with
any right of a preference eligible (as defined under
section 2108 of such title).
``(d) Size.--The total number of individuals entering the program
each year may not exceed 200. There shall be at least 50 participants
in the first year of the program, 100 participants in the second year,
and 150 participants thereafter.
``(e) Elements.--In carrying out the program, the Administrator
shall--
``(1) enter into one or more contracts, grants, or
cooperative agreements with qualified universities having an
expertise in Federal Government acquisition and the resources
to administer the program independently;
``(2) be responsible for the management and oversight of
the overall program and for placement of individuals upon
graduation;
``(3) allow participating universities to select and to
remove program participants in accordance with the established
academic process for such graduate degree programs; and
``(4) periodically review the career development of the
program participants upon placement and make necessary
adjustments to the program to ensure the objectives are met.
``(f) Service Agreement.--
``(1) Commitment for federal service.--A person selected
for participation in the program shall commit to employment
with the Federal Government in the field of acquisition,
following completion of the program, under such terms and
conditions as the Administrator considers appropriate to ensure
the Federal Government receives proper return on investment.
Such employment shall be for a term of not less than one year
for each year in the program.
``(2) Reimbursement of funds.--In cases of candidates who
do not successfully complete the program or do not fulfill the
minimum service requirements, the candidates shall be required
to reimburse the Federal Government for funds received under
the program.
``(g) OFPP Acquisition Fellows Program Fund.--
``(1) Establishment.--There is hereby established in the
Treasury of the United States a fund to be known as the `OFPP
Acquisition Fellows Development Fund' (in this section referred
to as the `Fund').
``(2) Use of funds.--Amounts in the Fund shall be used
for--
``(A) the establishment and operations of the
program;
``(B) the award of contracts, grants, or
cooperative agreements to cover expenses including--
``(i) tuition, books, materials, and other
academic expenses;
``(ii) room and board of students during
the time students are enrolled in the program;
``(iii) expenses for travel as required by
the program;
``(iv) stipends;
``(v) planning and administration of the
program; and
``(vi) other necessary expenses the
Administrator considers necessary.
``(3) Deposits to fund.--The Fund shall consist of amounts
appropriated or otherwise made available to the Fund.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end the following
new item:
``Sec. 45. Government-wide acquisition management fellows program.''.
(b) Reports.--
(1) Initial report.--Not later than 120 days after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a preliminary report
on the program, including a description of the program and the
five-year budget needed to carry out the government-wide
acquisition management fellows program established under
section 45 of the Office of Federal Procurement Policy Act, as
added by subsection (a).
(2) Annual report.--Not later than one year after the
commencement of the program and annually thereafter, the
Administrator shall submit to the appropriate congressional
committees a report on the program. The report shall include--
(A) a description of the activities under the
program, including the number of individuals who
participated in the program and the training provided
such individuals under the program;
(B) an assessment of the effectiveness of the
program in meeting the objectives of the program,
including the performance of each university
administering the program; and
(C) any recommendations for additional legislative
or administrative action that the Administrator
considers appropriate in light of the program.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Oversight and Government
Reform and the Committee on Appropriations of the House
of Representatives.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the OFPP Acquisition Fellows Development Fund the
following amounts:
(1) For fiscal year 2011, $16,000,000.
(2) For fiscal year 2012, $32,000,000.
(3) For fiscal year 2013, $48,000,000. | Acquisition Workforce Improvement Act of 2009 - Amends the Office of Federal Procurement Policy Act to direct the Administrator of the Office of Federal Procurement Policy (OFPP) to establish a government-wide acquisition management fellows program for the purpose of investing in the long-term improvement and sustained excellence of the federal acquisition workforce.
Lists as the program's objectives to: (1) develop a new generation of acquisition leaders with government-wide perspective, skills, and experience; (2) recruit individuals with the outstanding academic merit, ethical value, business acumen, and leadership skills to meet the government's acquisition needs; and (3) offer opportunities for advancement, competitive compensation, and leadership opportunities. Requires the program to consist of one academic year of full-time, on-campus training followed by two years of on-the-job and part-time training toward a Masters or equivalent graduate degree in related fields.
Requires persons selected for the program to commit to employment with the government in the field of acquisition following program completion. Requires executive agencies to give priority to program graduates for purposes of hiring employees in the acquisition field.
Establishes in the Treasury the OFPP Acquisition Fellows Development Fund to be used for the establishment and operations of the program. | {"src": "billsum_train", "title": "A bill to improve the acquisition workforce through the establishment of an acquisition management fellows program, and for other purposes."} | 1,755 | 265 | 0.726087 | 2.36764 | 0.926973 | 6.421488 | 6.896694 | 0.958678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Research for Neurological
Diseases Act of 2015''.
SEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-6 SURVEILLANCE OF NEUROLOGICAL DISEASES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall--
``(1) enhance and expand infrastructure and activities to
track the epidemiology of neurological diseases, including
multiple sclerosis and Parkinson's disease; and
``(2) incorporate information obtained through such
activities into a statistically-sound, scientifically-credible,
integrated surveillance system, to be known as the National
Neurological Diseases Surveillance System.
``(b) Research.--The Secretary shall ensure that the National
Neurological Diseases Surveillance System is designed in a manner that
facilitates further research on neurological diseases.
``(c) Content.--In carrying out subsection (a), the Secretary--
``(1) shall provide for the collection and storage of
information on the incidence and prevalence of neurological
diseases in the United States;
``(2) to the extent practicable, shall provide for the
collection and storage of other available information on
neurological diseases, such as information concerning--
``(A) demographics and other information associated
or possibly associated with neurological diseases, such
as age, race, ethnicity, sex, geographic location, and
family history;
``(B) risk factors associated or possibly
associated with neurological diseases, including
genetic and environmental risk factors; and
``(C) diagnosis and progression markers;
``(3) may provide for the collection and storage of
information relevant to analysis on neurological diseases, such
as information concerning--
``(A) the epidemiology of the diseases;
``(B) the natural history of the diseases;
``(C) the prevention of the diseases;
``(D) the detection, management, and treatment
approaches for the diseases; and
``(E) the development of outcomes measures; and
``(4) may address issues identified during the consultation
process under subsection (d).
``(d) Consultation.--In carrying out this section, the Secretary
shall consult with individuals with appropriate expertise, including--
``(1) epidemiologists with experience in disease
surveillance or registries;
``(2) representatives of national voluntary health
associations that--
``(A) focus on neurological diseases, including
multiple sclerosis and Parkinson's disease; and
``(B) have demonstrated experience in research,
care, or patient services;
``(3) health information technology experts or other
information management specialists;
``(4) clinicians with expertise in neurological diseases;
and
``(5) research scientists with experience conducting
translational research or utilizing surveillance systems for
scientific research purposes.
``(e) Grants.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, public or private nonprofit
entities to carry out activities under this section.
``(f) Coordination With Other Federal Agencies.--Subject to
subsection (h), the Secretary shall make information and analysis in
the National Neurological Diseases Surveillance System available, as
appropriate, to Federal departments and agencies, such as the National
Institutes of Health, the Food and Drug Administration, the Centers for
Medicare & Medicaid Services, the Agency for Healthcare Research and
Quality, the Department of Veterans Affairs, and the Department of
Defense.
``(g) Public Access.--Subject to subsection (h), the Secretary
shall make information and analysis in the National Neurological
Diseases Surveillance System available, as appropriate, to the public,
including researchers.
``(h) Privacy.--The Secretary shall ensure that privacy and
security protections applicable to the National Neurological Diseases
Surveillance System are at least as stringent as the privacy and
security protections under HIPAA privacy and security law (as defined
in section 3009(a)(2)).
``(i) Report.--Not later than 4 years after the date of the
enactment of this section, the Secretary shall submit a report to the
Congress concerning the implementation of this section. Such report
shall include information on--
``(1) the development and maintenance of the National
Neurological Diseases Surveillance System;
``(2) the type of information collected and stored in the
System;
``(3) the use and availability of such information,
including guidelines for such use; and
``(4) the use and coordination of databases that collect or
maintain information on neurological diseases.
``(j) Definition.--In this section, the term `national voluntary
health association' means a national nonprofit organization with
chapters, other affiliated organizations, or networks in States
throughout the United States.
``(k) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2015 through 2019.''. | Advancing Research for Neurological Diseases Act of 2015 Amends the Public Health Service Act to require the Centers for Disease Control and Prevention to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and (2) incorporate information obtained through those activities into a National Neurological Diseases Surveillance System. Requires the Department of Health and Human Services (HHS) to ensure that the System facilitates further research on neurological diseases. Requires HHS to provide for the collection and storage of information on neurological diseases, including the incidence, prevalence, and other information, to the extent practicable. Requires HHS to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers; and (2) ensure that privacy and security protections applicable to the System are at least as stringent as the protections under the Health Insurance Portability and Accountability Act. | {"src": "billsum_train", "title": "Advancing Research for Neurological Diseases Act of 2015"} | 1,119 | 208 | 0.674855 | 1.830683 | 0.883998 | 4.519553 | 5.916201 | 0.921788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Cruise Tourism Act of
1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is in the interest of the United States to maximize
economic return from the growing industry of pleasure cruises--
(A) by encouraging the growth of new cruise
itineraries between coastal cities in the United
States, and
(B) by encouraging the use of United States goods,
labor, and support services.
(2) In maximizing the economic benefits to the United
States from increased cruise vessel tourism, there is a need to
ensure that existing employment and economic activity
associated with United States-flag vessels (including tour
boats, river boats, intracoastal waterway cruise vessels, and
ferries) are protected and to provide for the reemergence of a
United States-flag cruise vessel industry.
(3) The pleasure cruise industry is one of the fastest
growing segments of the tourism industry and is expected to
grow at a rate of 5 percent a year over the next few years.
(4) The United States-flag ocean cruise vessel fleet
consists of only a single vessel that tours the Hawaiian
Islands. As a result, all the cruise vessels carrying
passengers to and from United States ports are foreign-flag
vessels and the United States ports served are mostly ports
that are close enough to foreign ports to allow intermediate
calls.
(5) Prohibiting cruises between United States ports by
foreign-flag vessels results in the loss of tourist dollars and
revenue for United States ports and greatly disadvantages
United States ports and coastal communities.
SEC. 3. FOREIGN-FLAG CRUISE VESSELS.
(a) Definitions.--In this Act:
(1) Coastwise trade.--The term ``coastwise trade'' means
the coastwise trade provided for in section 12106 of title 46,
United States Code and includes trade in the Great Lakes.
(2) Cruise vessel.--The term ``cruise vessel'' means a
vessel of greater than 4,000 gross registered tons which
provides a full range of luxury accommodations, entertainment,
dining, and other services for its passengers.
(3) Foreign-flag cruise vessel.--The term ``foreign-flag
cruise vessel'' does not apply to a vessel which--
(A) provides ferry services or intracoastal
waterway cruises;
(B) regularly carries for hire both passengers and
vehicles or other cargo; or
(C) serves residents of the vessel's ports of call
in the United States as a common or frequently used
means of transportation between United States ports.
(4) Repair and maintenance service.--The term ``repair and
maintenance service'' includes alterations and upgrades.
(b) Waiver.--Notwithstanding the provisions of section 8 of the Act
of June 19, 1886 (24 Stat. 81, Chapter 421; 46 U.S.C. App. 289), or any
other provision of law, and except as otherwise provided by this
section, the Secretary of Transportation (in this Act referred to as
the ``Secretary'') may approve the transportation of passengers on
foreign-flag cruise vessels not otherwise qualified to engage in the
coastwise trade between ports in the United States, directly or by way
of a foreign port.
(c) Exceptions.--
(1) In general.--The Secretary may not approve the
transportation of passengers on a foreign-flag cruise vessel
pursuant to this section with respect to any coastwise trade
that is being served by a United States-flag cruise vessel.
(2) United states-flag service initiated after approval of
foreign-flag vessel.--Upon a showing to the Secretary, by a
United States-flag cruise vessel owner or charterer, that
service aboard a cruise vessel qualified to engage in the
coastwise trade is being offered or advertised pursuant to a
Certificate of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation from the
Federal Maritime Commission (issued pursuant to section 3 of
Public Law 89-777; 46 U.S.C. App. 817e) for service in the
coastwise trade on an itinerary substantially similar to that
of a foreign-flag cruise vessel transporting passengers under
authority of this section, the Secretary shall, in accordance
with subsection (d)(2), notify the owner or charterer of the
foreign-flag cruise vessel that the Secretary will, within 3
years after the date of notification, terminate such service.
(d) Termination.--
(1) In general.--Coastwise trade privileges granted to such
owner or charterer of a foreign-flag cruise vessel under this
section shall expire on the date that is 3 years after the date
of the Secretary's notification described in subsection (c)(2).
(2) Order of termination.--Any notification issued by the
Secretary under this subsection shall be issued to the owner or
charterer of a foreign-flag cruise vessel--
(A) in the reverse order in which the foreign-flag
cruise vessel entered service in the coastwise trade
under this section, determined by the date of the
vessel's first coastwise sailing; and
(B) in the minimum number necessary to ensure that
the passenger-carrying capacity thereby removed from
the coastwise trade service exceeds the passenger-
carrying capacity of the United States-flag cruise
vessel entering the service.
(3) Exception.--If, at the expiration of the 3-year period
specified in paragraph (1), the United States-flag cruise
vessel that has been offering or advertising service pursuant
to a certificate described in subsection (c)(2) has not entered
the coastwise trade described in subsection (c)(2), then the
termination of service required by paragraph (1) shall not take
effect until 180 days after the date of the entry into that
coastwise trade service by the United States-flag cruise
vessel.
(e) Requirement For Repairs In United States Shipyards.--
(1) In general.--The owner or charterer of a foreign-flag
cruise vessel that is qualified to provide coastwise trade
service under this section is required to have repair and
maintenance service for the vessel performed in the United
States during the period that such vessel is qualified for such
coastwise trade service, except in a case in which the vessel
requires repair and maintenance service while at a distant
foreign port (as defined in section 4.80a(a) of title 19, Code
of Federal Regulations (or any corresponding similar regulation
or ruling)).
(2) Action if requirement not met.--
(A) General rule.--If the Secretary determines that
the owner or charterer has not met the repair and
maintenance service requirement described in paragraph
(1), the Secretary shall terminate the coastwise trade
privileges granted to the owner or charterer under this
section.
(B) Waiver.--The Secretary may waive the repair and
maintenance service requirement if the Secretary finds
that--
(i) the repair and maintenance service is
not available in the United States, or
(ii) an emergency prevented the owner or
charterer from obtaining the service in the
United States.
(f) Alien Crewmen.--Section 252 of the Immigration and Nationality
Act (8 U.S.C. 1282) is amended--
(1) in subsection (a), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B);
(2) by inserting ``(1)'' immediately after ``(a)'';
(3) in subsection (a)(1) (as redesignated), in the second
sentence, by inserting ``, except as provided in paragraph (2),
and'' after ``subsection (b),'';
(4) by adding at the end of subsection (a)(1) (as
redesignated), the following:
``(2) An immigration officer may extend for a period or periods of
up to 6 months each a conditional permit to land that is granted under
paragraph (1) to an alien crewman employed on a vessel if the owner or
charterer of the vessel requests the extension and the immigration
officer determines that the extension is necessary to maintain the
vessel in the coastwise trade between ports in the United States,
directly or by way of a foreign port.''; and
(5) in subsection (b), by striking ``subsection (a)(1)''
and inserting ``subsection (a)(1)(A)''.
(g) Disclaimer.--
(1) In general.--Nothing in this Act shall be construed as
affecting or otherwise modifying the authority contained in--
(A) Public Law 87-77 (46 U.S.C. App. 289b)
authorizing the transportation of passengers and
merchandise in Canadian vessels between ports in Alaska
and the United States; or
(B) Public Law 98-563 (46 U.S.C. App. 289c)
permitting the transportation of passengers between
Puerto Rico and other United States ports.
(2) Jones act.--Except as otherwise expressly provided in
this Act, nothing in this Act shall be construed as affecting
or modifying the provisions of the Merchant Marine Act, 1920. | United States Cruise Tourism Act of 1997 - Authorizes the Secretary of Transportation to approve the transportation of passengers on foreign-flag cruise vessels not otherwise qualified to engage in the coastwise trade between ports in the United States, directly or by way of a foreign port, except with respect to coastwise trade served by a U.S.-flag cruise vessel. Requires termination of any such foreign-flag cruise vessel passenger service within three years after a U.S.-flag cruise vessel commences such service between the same ports.
Requires the owner or charterer of a qualified foreign-flag cruise vessel to have any vessel repairs performed in the United States, unless the vessel requires repairs or service while at a distant foreign port. Directs the Secretary to terminate the coastwise trade privileges of the owner or charterer of a foreign-flag cruise vessel if such repairs have not been made in the United States. Provides a waiver of such requirements in emergencies.
Amends the Immigration and Nationality Act to authorize an immigration officer to extend for a period or periods of up to six months each a conditional permit to land temporarily in the United States granted to an alien crewman employed on a vessel, if the vessel owner or charterer requests the extension and the immigration officer determines that it is necessary to maintain the vessel in the coastwise trade between ports in the United States, directly or by way of a foreign port. | {"src": "billsum_train", "title": "United States Cruise Tourism Act of 1997"} | 1,975 | 314 | 0.578149 | 1.58702 | 0.799368 | 4.977011 | 6.988506 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Secret Service
Retirement Act of 2009''.
SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE EMPLOYEES.
(a) Definition.--In this Act, the term ``covered employee'' means
an individual who--
(1) was hired as a member of the United States Secret
Service Division or the United States Secret Service Uniformed
Division during the period beginning on January 1, 1984 through
December 31, 1986;
(2) has actively performed duties other than clerical for
10 or more years directly related to the protection mission of
the United States Secret Service described under section 3056
of title 18, United States Code;
(3) is serving as a member of the United States Secret
Service Division or the United States Secret Service Uniformed
Division (or any successor entity) on the effective date of
this Act; and
(4) files an election to be a covered employee under
subsection (b)(1).
(b) Election of Coverage.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, an individual described under subsection
(a) (1), (2), and (3) may file an election with the United
States Secret Service to be a covered employee and to
transition to the District of Columbia Police and Firefighters
Retirement and Disability System.
(2) Notification.--Not later than 30 days after the date of
enactment of this Act, the Office of Personnel Management and
the United States Secret Service shall notify employees of the
United States Secret Service of the enactment of this Act and
that individuals described under subsection (a) (1), (2), and
(3) are qualified to file an election under paragraph (1).
(c) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Thrift Savings Board, the Office
of Personnel Management shall prescribe regulations to carry
out the responsibilities of the Federal Government under this
Act. The regulations prescribed under this paragraph shall
provide for transition of covered employees from the Federal
Employees' Retirement System to the Civil Service Retirement
System.
(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--After a covered employee
files an election under subsection (b)(1), the
covered employee shall, subject to clause (ii),
be converted from the Federal Employees'
Retirement System to the Civil Service
Retirement System.
(ii) Coverage in district of columbia
retirement system.--
(I) In general.--Chapter 7 of title
5 of the District of Columbia Code
shall apply with respect to a covered
employee on the date on which the
covered employee transitions to the
Civil Service Retirement System.
(II) Authorization for district of
columbia.--The government of the
District of Columbia shall provide for
the coverage of covered employees in
the District of Columbia Police and
Firefighters Retirement and Disability
System in accordance with this Act.
(III) United states secret service
uniformed division.--In the
administration of this clause, a
covered employee who is a member of the
United States Secret Service Uniformed
Division shall be authorized to
transfer all funds to his credit in the
Civil Service Retirement and Disability
Fund continued by sections 8331(5) and
8348 of title 5, United States Code, to
the general revenues of the District of
Columbia and after the transfer of such
funds the salary of such member shall
be subject to the same deductions for
credit to the general revenues of the
District of Columbia as the deductions
from salaries of other members under
subchapter I of chapter 7 of title 5 of
the District of Columbia Code, and he
shall be entitled to the same benefits
as the other members to whom such
sections apply.
(B) Thrift savings plan.--A covered employee shall
forfeit, under procedures prescribed by the Executive
Director of the Federal Retirement Thrift Investment
Board, all Thrift Savings Plan contributions and
associated earnings made by an employing agency
pursuant to section 8432(c) of title 5, United States
Code. Any amounts remaining in the Thrift Savings Plan
account of the covered employee may be transferred to a
private account or the District of Columbia Police and
Firefighter Retirement and Disability System.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into
the Civil Service Retirement System, a covered
employee shall forfeit all contributions made
for purposes of title II of the Social Security
Act on the basis of the covered employee's
employment with the United States Secret
Service under sections 3101(a) and 3111(a) of
the Internal Revenue Code of 1986. All
forfeited funds shall remain in the Federal
Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, as
applicable. Notwithstanding paragraphs (4) and
(5) of section 205(c) of the Social Security
Act, the Commissioner of Social Security shall
change or delete any entry with respect to
wages of a covered employee that are forfeited
under this clause.
(ii) Benefits.--
(I) In general.--No individual
shall be entitled to any benefit under
title II of the Social Security Act
based on wages for which the
contributions were forfeited under
clause (i).
(II) No effect on medicare
benefits.--Notwithstanding the
forfeiture by a covered employee under
clause (i), such contributions shall
continue to be treated as having been
made while performing medicare
qualified government employment (as
defined in section 210(p) of the Social
Security Act) for purposes of sections
226 and 226A of that Act.
(3) Implementation.--The Office of Personnel Management,
the Department of Homeland Security, the Social Security
Administration, and the Thrift Savings Board shall take such
actions as necessary to provide for the implementation of this
Act.
(d) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this Act shall take effect on the first day of the first
applicable pay period that begins 180 days after the date of
enactment of this Act.
(2) Elections and implementation.--Subsections (b) and
(c)(1) and (3) shall take effect on the date of enactment of
this Act. | United States Secret Service Retirement Act of 2009 - Authorizes an individual who was hired as a member of the United States Secret Service Division or the United States Secret Service Uniformed Division from January 1, 1984, through December 31, 1986, who has actively performed duties other than clerical for 10 or more years directly related to the Secret Service's protection mission, and who is serving as a member of the Secret Service Division or the Secret Service Uniformed Division to file an election to transition to the District of Columbia Police and Firefighters Retirement and Disability System (DCPFRDS).
Directs the Office of Personnel Management (OPM) and the Secret Service to notify Secret Service employees regarding eligibility to file such an election. Requires: (1) OPM to prescribe regulations to provide for transition of covered employees from the Federal Employees' Retirement System to the Civil Service Retirement System; and (2) the District of Columbia government to provide for coverage of such employees in the DCPFRDS. Sets forth provisions regarding the forfeiture of Thrift Savings Plan and Social Security contributions upon conversion. | {"src": "billsum_train", "title": "A bill to provide that certain Secret Service employees may elect to transition to coverage under the District of Columbia Police and Fire Fighter Retirement and Disability System."} | 1,364 | 226 | 0.684228 | 2.000085 | 0.78186 | 4.425743 | 6.445545 | 0.920792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility in Rebuilding American
Fisheries Act of 2008''.
SEC. 2. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED
FISHERIES.
Section 304(e) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(e)(4)) is amended--
(1) in paragraph (4)(A)--
(A) in clause (i) by striking ``possible'' and
inserting ``practicable''; and
(B) by amending clause (ii) to read as follows:
``(ii) not exceed 10 years, except in cases
where--
``(I) the biology of the stock of
fish, other environmental conditions,
or management measures under an
international agreement in which the
United States participates dictate
otherwise;
``(II) the Secretary determines
that such 10-year period should be
extended because the cause of the
fishery decline is outside the
jurisdiction of the Council or the
rebuilding program cannot be effective
only by limiting fishing activities;
``(III) the Secretary determines
that such 10-year period should be
extended to provide for the sustained
participation of fishing communities or
to minimize the economic impacts on
such communities, provided that there
is evidence that the stock of fish is
on a positive rebuilding trend;
``(IV) the Secretary determines
that such 10-year period should be
extended for one or more stocks of fish
of a multi-species fishery, provided
that there is evidence that those
stocks are on a positive rebuilding
trend;
``(V) the Secretary determines that
such 10-year period should be extended
because of a substantial change to the
biomass rebuilding target for the stock
of fish concerned after the rebuilding
plan has taken effect; or
``(VI) the Secretary determines
that such 10-year period should be
extended because the biomass rebuilding
target exceeds the highest abundance of
the stock of fish in the 25-year period
preceding and there is evidence that
the stock is on a positive rebuilding
trend;''; or
(2) in paragraph (7), in the matter preceding subparagraph
(A), by inserting after the first sentence the following: ``In
evaluating progress to end overfishing and to rebuild
overfished stocks of fish, the Secretary shall review factors,
other than commercial fishing and recreational fishing, that
may contribute to a stock of fish's overfished status, such as
commercial, residential, and industrial development of, or
agricultural activity in, coastal areas and their impact on the
marine environment, predator/prey relationships of target and
related species, and other environmental and ecological changes
to the marine conditions.''; and
(3) by adding at the end the following:
``(8) If the Secretary determines that extended rebuilding
time is warranted under subclause (III), (IV), (V), or (VI) of
paragraph (4)(A)(ii), the maximum time allowed for rebuilding
the stock of fish concerned may not exceed the sum of the
following time periods:
``(A) The initial 10-year rebuilding period.
``(B) The expected time to rebuild the stock absent
any fishing mortality and under prevailing
environmental conditions.
``(C) The mean generation time of the stock.
``(9) In this subsection the term `on a positive rebuilding
trend' means that the biomass of the stock of fish has shown a
substantial increase in abundance since the implementation of
the rebuilding plan.''. | Flexibility in Rebuilding American Fisheries Act of 2008 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require fishery management plans, amendments, or regulations for overfished fisheries to specify a time period for ending overfishing and rebuilding the fishery that is as short as practicable (currently, as short as possible). Modifies the exceptions to the requirement that such period not exceed ten years.
Requires consideration, in evaluating progress to end overfishing and rebuild overfished stocks, of factors other than commercial and recreational fishing.
Requires, when the Secretary of Commerce extends the period under specified provisions, that the maximum rebuilding time not exceed the sum of the initial ten-year period, the expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions, and the mean generation time of the stock. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized time period for rebuilding of certain overfished fisheries, and for other purposes."} | 781 | 195 | 0.645643 | 1.911341 | 0.90335 | 2.877419 | 4.851613 | 0.864516 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Faith and Credit for Child
Support Orders Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a large and growing number of child support cases
annually involving disputes between parents who reside in different
States;
(2) the laws by which the courts of different jurisdictions
determine their authority to establish child support orders are not
uniform;
(3) those laws, along with the limits imposed by the Federal
system on the authority of each State to take certain actions
outside its own boundaries--
(A) encourage noncustodial parents to relocate outside the
States where their children and the custodial parents reside to
avoid the jurisdiction of the courts of such States, resulting
in an increase in the amount of interstate travel and
communication required to establish and collect on child
support orders and a burden on custodial parents that is
expensive, time consuming, and disruptive of occupations and
commercial activity;
(B) contribute to the pressing problem of relatively low
levels of child support payments in interstate cases and to
inequities in child support payments levels that are based
solely on the noncustodial parent's choice of residence;
(C) encourage a disregard of court orders resulting in
massive arrearages nationwide;
(D) allow noncustodial parents to avoid the payment of
regularly scheduled child support payments for extensive
periods of time, resulting in substantial hardship for the
children for whom support is due and for their custodians; and
(E) lead to the excessive relitigation of cases and to the
establishment of conflicting orders by the courts of various
jurisdictions, resulting in confusion, waste of judicial
resources, disrespect for the courts, and a diminution of
public confidence in the rule of law; and
(4) among the results of the conditions described in this
subsection are--
(A) the failure of the courts of the States to give full
faith and credit to the judicial proceedings of the other
States;
(B) the deprivation of rights of liberty and property
without due process of law;
(C) burdens on commerce among the States; and
(D) harm to the welfare of children and their parents and
other custodians.
(b) Statement of Policy.--In view of the findings made in
subsection (a), it is necessary to establish national standards under
which the courts of the various States shall determine their
jurisdiction to issue a child support order and the effect to be given
by each State to child support orders issued by the courts of other
States.
(c) Purposes.--The purposes of this Act are--
(1) to facilitate the enforcement of child support orders among
the States;
(2) to discourage continuing interstate controversies over
child support in the interest of greater financial stability and
secure family relationships for the child; and
(3) to avoid jurisdictional competition and conflict among
State courts in the establishment of child support orders.
SEC. 3. FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS.
(a) In General.--Chapter 115 of title 28, United States Code, is
amended by inserting after section 1738A the following new section:
``Sec. 1738B. Full faith and credit for child support orders
``(a) General Rule.--The appropriate authorities of each State--
``(1) shall enforce according to its terms a child support
order made consistently with this section by a court of another
State; and
``(2) shall not seek or make a modification of such an order
except in accordance with subsection (e).
``(b) Definitions.--In this section:
```child' means--
``(A) a person under 18 years of age; and
``(B) a person 18 or more years of age with respect to whom
a child support order has been issued pursuant to the laws of a
State.
```child's State' means the State in which a child resides.
```child support' means a payment of money, continuing support,
or arrearages or the provision of a benefit (including payment of
health insurance, child care, and educational expenses) for the
support of a child.
```child support order'--
``(A) means a judgment, decree, or order of a court
requiring the payment of child support in periodic amounts or
in a lump sum; and
``(B) includes--
``(i) a permanent or temporary order; and
``(ii) an initial order or a modification of an order.
```contestant' means--
``(A) a person (including a parent) who--
``(i) claims a right to receive child support;
``(ii) is a party to a proceeding that may result in
the issuance of a child support order; or
``(iii) is under a child support order; and
``(B) a State or political subdivision of a State to which
the right to obtain child support has been assigned.
```court' means a court or administrative agency of a State
that is authorized by State law to establish the amount of child
support payable by a contestant or make a modification of a child
support order.
```modification' means a change in a child support order that
affects the amount, scope, or duration of the order and modifies,
replaces, supersedes, or otherwise is made subsequent to the child
support order.
```State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the territories and
possessions of the United States, and Indian country (as defined in
section 1151 of title 18).
``(c) Requirements of Child Support Orders.--A child support order
made is made consistently with this section if--
``(1) a court that makes the order, pursuant to the laws of the
State in which the court is located--
``(A) has subject matter jurisdiction to hear the matter
and enter such an order; and
``(B) has personal jurisdiction over the contestants; and
``(2) reasonable notice and opportunity to be heard is given to
the contestants.
``(d) Continuing Jurisdiction.--A court of a State that has made a
child support order consistently with this section has continuing,
exclusive jurisdiction over the order if the State is the child's State
or the residence of any contestant unless the court of another State,
acting in accordance with subsection (e), has made a modification of
the order.
``(e) Authority To Modify Orders.--A court of a State may make a
modification of a child support order with respect to a child that is
made by a court of another State if--
``(1) the court has jurisdiction to make such a child support
order; and
``(2)(A) the court of the other State no longer has continuing,
exclusive jurisdiction of the child support order because that
State no longer is the child's State or the residence of any
contestant; or
``(B) each contestant has filed written consent to that court's
making the modification and assuming continuing, exclusive
jurisdiction over the order.
``(f) Enforcement of Prior Orders.--A court of a State that no
longer has continuing, exclusive jurisdiction of a child support order
may enforce the order with respect to nonmodifiable obligations and
unsatisfied obligations that accrued before the date on which a
modification of the order is made under subsection (e).
``(g) Choice of Law.--
``(1) In general.--In a proceeding to establish, modify, or
enforce a child support order, the forum State's law shall apply
except as provided in paragraphs (2) and (3).
``(2) Law of state of issuance of order.--In interpreting a
child support order, a court shall apply the law of the State of
the court that issued the order.
``(3) Period of limitation.--In an action to enforce a child
support order, a court shall apply the statute of limitation of the
forum State or the State of the court that issued the order,
whichever statute provides the longer period of limitation.''.
(b) Technical Amendment.--The chapter analysis for chapter 115 of
title 28, United States Code, is amended by inserting after the item
relating to section 1738A the following new item:
``1738B. Full faith and credit for child support orders.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Full Faith and Credit for Child Support Orders Act - Amends the Federal judicial code to require the appropriate authority of each State to enforce according to its terms a child support order made by a court of another State, provided that the court had subject matter jurisdiction to hear the matter and enter such an order and personal jurisdiction over the contestants and that the contestants were given reasonable notice and opportunity to be heard. Prohibits such an authority from seeking or making a modification of such an order unless the authority has jurisdiction to make such a child support order and: (1) the court of the issuing State no longer has continuing, exclusive jurisdiction of the order because it no longer is the child's State or the residence of any contestant; or (2) each contestant has filed written consent to that authority making the modification and assuming continuing, exclusive jurisdiction over the order. Permits a State court that no longer has continuing jurisdiction over such orders to enforce prior orders with respect to unsatisfied obligations.
Requires that the forum State's law apply in a proceeding to establish, modify, or enforce a child support order, except that in: (1) interpreting a child support order, a court shall apply the law of the State of the court that issued the order; and (2) an action to enforce a child support order, a court shall apply the statute of limitation of the forum State or the State of the court that issued the order, whichever statute provides the longer period of limitation. | {"src": "billsum_train", "title": "Full Faith and Credit for Child Support Orders Act"} | 1,917 | 320 | 0.47993 | 1.599352 | 0.740721 | 6.061644 | 6.150685 | 0.952055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Volume Motor Vehicle
Manufacturers Act of 2014''.
SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME
MANUFACTURERS.
Section 30114 of title 49, United States Code, is amended--
(1) by striking ``The'' and inserting ``(a) Vehicles Used
for Particular Purposes.--The''; and
(2) by adding at the end the following new subsection:
``(b) Exemption for Low Volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from specified standards not more than
1,000 replica motor vehicles per year that are
manufactured or imported by a low volume manufacturer;
``(B) exempt from specified standards not more than
50 non-replica motor vehicles per year that are
manufactured or imported by a single low volume
manufacturer by requiring each low volume manufacturer
to have evidence of a sales contract to be eligible for
the exemption; and
``(C) permit a low volume manufacturer to assign
vehicle identification numbers.
``(2) Cap on non-replica motor vehicles exemptions.--The
Secretary may not provide exemptions for more than 1,000 non-
replica motor vehicles per year under paragraph (1)(B). The
Secretary shall provide a fair and reasonable method for
annually recording and publicly reporting such exemptions.
``(3) Exception.--Except as provided in this subsection, a
low volume manufacturer shall be considered a motor vehicle
manufacturer for purposes of subtitle VI of this title.
``(4) Registration requirement.--To qualify for an
exemption under paragraph (1), a low volume manufacturer shall
register with the Secretary at such time, in such manner, and
under such terms that the Secretary determines appropriate.
``(5) Permanent label requirement.--
``(A) In general.--The Secretary shall require a
low volume manufacturer to affix a permanent label--
``(i) to a motor vehicle exempted under
paragraph (1) that identifies the specified
standards from which such vehicle is exempt;
and
``(ii) to a replica motor vehicle exempted
under paragraph (1)(A), that designates the
model year such vehicle replicates.
``(B) Written notice.--The Secretary may require a
low volume manufacturer of a motor vehicle exempted
under paragraph (1) to deliver written notice of the
exemption to--
``(i) the dealer; and
``(ii) the first purchaser of the motor
vehicle, if the first purchaser is not an
individual that purchases the motor vehicle for
resale.
``(C) Reporting requirement.--A low volume
manufacturer shall annually submit a report to the
Secretary including the number and description of the
motor vehicles exempted under paragraph (1) and a list
of the exemptions described on the label affixed under
subparagraph (A).
``(6) Notification, recall, and remedy requirements.--If a
motor vehicle has any defects related to motor vehicle safety
or any nonconformities regarding any standards other than
specified standards, a low volume manufacturer of such vehicle
is subject to all notification, recall, and remedy requirements
set forth in sections 30116 through 30120A of this title.
``(7) Definitions.--In this subsection:
``(A) Low volume manufacturer.--The term `low
volume manufacturer' means a motor vehicle manufacturer
whose annual worldwide production is not more than
5,000 motor vehicles.
``(B) Non-replica motor vehicle.--The term `non-
replica motor vehicle' means any motor vehicle produced
by a low volume manufacturer that is not a replica
motor vehicle.
``(C) Replica motor vehicle.--The term `replica
motor vehicle' means a motor vehicle produced by a low
volume manufacturer and that--
``(i) is intended to resemble the body of
another motor vehicle that was manufactured not
less than 25 years before the manufacture of
the replica motor vehicle; and
``(ii) is subject to being manufactured
under trademark or trade dress or design patent
license, if such exists, from the original
manufacturer or its assignee that is the
current owner of an active, valid, and
subsisting trademark registration or patent as
indicated in the records of the United States
Patent and Trademark Office for the non-
functional and ornamental portions of the motor
vehicle that is intended to be replicated.
``(D) Specified standard.--The term `specified
standard' means--
``(i) any motor vehicle standard or
obligation described in any of sections
30112(a), 32304, 32502, or 32902 of this title,
or in section 3 of the Automobile Information
Disclosure Act (15 U.S.C. 1232); and
``(ii) does not include any standard
promulgated under section 30112(a) applicable
to motor vehicle equipment.''.
SEC. 3. VEHICLE COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR VEHICLE
MANUFACTURERS.
Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended--
(1) in section 206(a) by adding at the end the following
new paragraph:
``(5)(A) A motor vehicle engine (including all engine
emission controls) from a motor vehicle that has been granted a
certificate of conformity by the Administrator, or an engine
that has been granted an Executive order subject to regulations
promulgated by the California Air Resources Board, may be
installed in an exempted specially produced motor vehicle, if--
``(i) the manufacturer of the engine supplies
written instructions explaining how to install the
engine and maintain functionality of the engine's
emission control system and the on-board diagnostic
system (commonly known as `OBD II'), except with
respect to evaporative emissions diagnostics;
``(ii) the producer of the exempted specially
produced motor vehicle installs the engine in
accordance with such instructions; and
``(iii) the installation instructions include
emission control warranty information from the engine
manufacturer in compliance with section 207, including
where warranty repairs can be made, emission control
labels to be affixed to the vehicle, and the
certificate of conformity number for the applicable
vehicle in which the engine was originally intended or
the applicable Executive order number for the engine.
``(B) A motor vehicle containing an engine compliant with
the requirements of subparagraph (A) shall be treated as
meeting the requirements of section 202 applicable to new
vehicles manufactured or imported in the model year in which
the exempted specially produced motor vehicle is assembled.
``(C) Engine installations that are not performed in
accordance with installation instructions provided by the
manufacturer and alterations to the engine not in accordance
with the installation instructions shall be treated as
prohibited acts by the installer under section 203 and subject
to penalties under section 205.
``(D) The producer of an exempted specially produced motor
vehicle that has an engine compliant with the requirements of
subparagraph (A) shall provide to the purchaser of such vehicle
all information received by the producer from the engine
manufacturer, including information regarding emissions
warranties from the engine manufacturer and all emissions-
related recalls by the engine manufacturer.
``(E) To qualify to install an engine under this paragraph,
a producer of exempted specially produced motor vehicles shall
register with the Administrator at such time and in such manner
as the Administrator determines appropriate. The producer shall
submit an annual report to the Administrator that includes--
``(i) a description of the exempted specially
produced motor vehicles produced and engines installed
in such vehicles; and
``(ii) the certificate of conformity number issued
to the motor vehicle in which the engine was originally
intended or the applicable Executive order number for
the engine.
``(F) Exempted specially produced motor vehicles compliant
with this paragraph shall be exempted from--
``(i) motor vehicle certification testing that
might otherwise be required under section 206; and
``(ii) vehicle emission control inspection and
maintenance programs required under section 110.
``(G) A producer of exempted specially produced motor
vehicles that is compliant with subparagraphs (A) through (E)
of this paragraph is not considered a manufacturer for the
purposes of this Act.''; and
(2) in section 216 by adding at the end the following new
paragraph:
``(12) Exempted specially produced motor vehicle.--The term
`exempted specially produced motor vehicle' means a replica
motor vehicle or non-replica motor vehicle that is exempt from
specified standards as defined in section 30114(b) of title 49,
United States Code.''.
SEC. 4. IMPLEMENTATION.
Not later than 12 months after the date of the enactment of this
Act, the Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall issue such regulations as may be
necessary to implement sections 2 and 3 of this Act, respectively. | Low Volume Motor Vehicle Manufacturers Act of 2014 - Directs the Secretary of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards (except any standard relating to motor vehicle equipment) up to: (1) 1,000 replica motor vehicles per year manufactured or imported by a low volume manufacturer, and (2) 50 non-replica motor vehicles per year manufactured or imported by a single low volume manufacturer that has evidence of a sales contract. Defines the term "low volume manufacturer" to mean a motor vehicle manufacturer who annually produces no more than 5,000 motor vehicles worldwide. Directs the Secretary to permit manufacturers to assign vehicle identification numbers. Requires manufacturers to register with the Secretary to qualify for an exemption. Directs the Secretary to require a manufacturer to affix a permanent label to: (1) an exempt non-replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt, and (2) an exempt replica motor vehicle that designates the model year that vehicle replicates. Subjects low-volume manufacturers to all federal motor vehicle safety defect notification, recall, and remedy requirements if a particular motor vehicle has any defects related to motor vehicle safety or any nonconformities regarding any standards other than specified standards. Amends the Clean Air Act to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica or non-replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle that has been issued a certificate of conformity with Environmental Protection Administration (EPA) emission control standards if certain requirements are met. | {"src": "billsum_train", "title": "To direct the National Highway Traffic Safety Administration to establish a program allowing low volume motor vehicle manufacturers to produce a limited number of vehicles annually within a regulatory system that addresses the unique safety and financial issues associated with limited production, and to direct the Environmental Protection Agency to allow low volume motor vehicle manufacturers to install engines from vehicles that have been issued certificates of conformity."} | 2,008 | 355 | 0.771277 | 2.364465 | 0.805735 | 3.67541 | 5.993443 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Rape Health Protection
Act''.
SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE.
(a) Grant Reduction for Noncompliance.--Section 506 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756)
is amended by adding at the end the following:
``(g) Sex Offender HIV Testing.--
``(1) In general.--The funds available under this subpart
for a State shall be reduced by 10 percent and redistributed
under paragraph (2) unless the State demonstrates to the
satisfaction of the Director that the laws or regulations of
the State with respect to a defendant against whom an
information or indictment is presented for a crime in which by
force or threat of force the perpetrator compels the victim to
engage in a sexual act (as defined in subsection (f)(3)(B)),
the State requires as follows:
``(A) That the defendant be tested for HIV disease
if--
``(i) the nature of the alleged crime is
such that the sexual act would have placed the
victim at risk of becoming infected with HIV;
and
``(ii) the victim requests the test.
``(B) That if the conditions specified in
subparagraph (A) are met--
``(i) the defendant undergo the test not
later than--
``(I) 24 hours after the date on
which the information or indictment is
presented; or
``(II) 24 hours after the request
of the victim if that request is made
after the date on which the information
or indictment is presented;
``(ii) the results of the test shall be
confidential except as provided in clause (iii)
and except as otherwise provided under State
law; and
``(iii) that as soon as is practicable the
results of the test be made available to--
``(I) the victim; and
``(II) the defendant (or if the
defendant is a minor, to the legal
guardian of the defendant).
Nothing in this subparagraph shall be construed to bar
a State from restricting the victim's disclosure of the
defendant's test results to third parties as a
condition of making such results available to the
victim.
``(C) That if the defendant has been tested
pursuant to subparagraph (B), the defendant, upon
request of the victim, undergo such follow-up tests for
HIV as may be medically appropriate, and that as soon
as is practicable after each such test the results of
the test be made available in accordance with
subparagraph (B) (except that this subparagraph applies
only to the extent that the individual involved
continues to be a defendant in the judicial proceedings
involved, or is convicted in the proceedings).
``(D) That, if the results of a test conducted
pursuant to subparagraph (B) or (C) indicate that the
defendant has HIV disease, such fact may, as relevant,
be considered in the judicial proceedings conducted
with respect to the alleged crime.
``(2) Redistribution.--Any funds available for
redistribution shall be redistributed to participating States
that comply with the requirements of paragraph (1).
``(3) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
(b) Conforming Amendment.--Section 506(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(a)) is
amended by striking ``subsection (f),'' and inserting ``subsections (f)
and (g),''.
(c) Funding.--Section 501(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
(1) in paragraph (25), by striking ``and'' after the
semicolon;
(2) in paragraph (26), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(27) programs to test defendants for HIV disease in
accordance with the terms of subsection (g).''.
(d) Effective Date.--
(1) Program.--The amendments made by subsections (a) and
(b) shall take effect on the first day of the fiscal year
succeeding the first fiscal year beginning 2 years after the
date of the enactment of this Act.
(2) Funding.--The amendment made by subsection (c) shall
take effect on the date of enactment of this Act. | Victims of Rape Health Protection Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reduce by ten percent the funds available to a State under the drug control (Byrne) grant program unless such State requires that the defendant be tested for HIV if the nature of the crime would have placed the victim at risk of HIV and the victim requests the test. Requires: (1) the defendant to be tested within 24 hours after the later of the date the information or indictment is presented or the time of the victim's request; (2) the test results to be confidential, with exceptions; and (3) the results to be made available as soon as practicable to the victim and to the defendant (or legal guardian, if the defendant is a minor). Requires: (1) the defendant to undergo any appropriate follow-up tests; (2) those test results to be made immediately available to the victim; and (3) if test results indicate that the defendant has HIV, such fact may be considered in the judicial proceedings conducted for the crime.Authorizes: (1) a State to restrict the victim's disclosure of the defendant's test results to third parties as a condition of making such results available to the victim; (2) funds reduced for noncompliance to be redistributed to complying States; and (3) grants for programs to test defendants for HIV disease. | {"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide additional protections to victims of rape."} | 1,072 | 303 | 0.761091 | 2.457978 | 0.905239 | 3.450549 | 3.52381 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Networking Online Protection
Act''.
SEC. 2. EMPLOYER ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING
WEBSITES.
(a) Conduct Prohibited.--It shall be unlawful for any employer--
(1) to require or request that an employee or applicant for
employment provide the employer with a password or any other
means for accessing a private email account of the employee or
applicant or a personal online account of the employee or
applicant, including any social networking website; or
(2) to discharge, discipline, discriminate against in any
manner, or deny employment or promotion to, or threaten to take
any such action against, any employee or applicant for
employment because--
(A) the employee or applicant for employment
refuses or declines to provide password or other means
for accessing a private email account of the employee
or applicant or a personal online account of the
employee or applicant, including any social networking
website; or
(B) such employee or applicant for employment has
filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act
or has testified or is about to testify in any such
proceeding.
(b) Enforcement.--
(1) Civil penalties.--
(A) In general.--Subject to paragraph (2), any
employer who violates any provision of this Act may be
assessed a civil penalty of not more than $10,000.
(B) Determination of amount.--In determining the
amount of any penalty under paragraph (1), the
Secretary of Labor shall take into account the previous
record of the person in terms of compliance with this
Act and the gravity of the violation.
(C) Collection.--Any civil penalty assessed under
this subsection shall be collected in the same manner
as is required by subsections (b) through (e) of
section 503 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1853) with respect to
civil penalties assessed under subsection (a) of such
section.
(2) Injunctive actions by the secretary of labor.--The
Secretary of Labor may bring an action under this section to
restrain violations of this Act. In any action brought under
this section, the district courts of the United States shall
have jurisdiction, for cause shown, to issue temporary or
permanent restraining orders and injunctions to require
compliance with this Act, including such legal or equitable
relief incident thereto as may be appropriate, including,
employment, reinstatement, promotion, and the payment of lost
wages and benefits.
SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO PERSONAL ACCOUNTS ON
SOCIAL NETWORKING WEBSITES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1095(a)) is amended by adding at the end the following:
``(30)(A) The institution will not--
``(i) require or request that a student or
potential student provide the institution with
a password or any other means for accessing a
private email account of the student or
potential student or a personal online account
of the student or potential student, including
any social networking website; or
``(ii) discharge, discipline, discriminate
against in any manner, or deny admission to,
suspend, or expel, or threaten to take any such
action against, any student or potential
student because--
``(I) the student or potential
student refuses or declines to provide
a password or other means for accessing
a private email account of the student
or potential student or a personal
online account of the student or
potential student, including any social
networking website; or
``(II) such student or potential
student has filed any complaint or
instituted or caused to be instituted
any proceeding under or related to this
paragraph or has testified or is about
to testify in any such proceeding.
``(B) For purposes of this paragraph, the term
`social networking website' has the meaning given such
term in section 5(2) of the Social Networking Online
Protection Act.''.
SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PERSONAL ACCOUNTS ON SOCIAL
NETWORKING WEBSITES.
(a) In General.--Subpart 2 of part E of title IX of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 1094 et seq.) is amended
by adding at the end the following new section:
``SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL ACCOUNTS OF STUDENTS.
``(a) In General.--No local educational agency receiving funds
under this Act may--
``(1) require or request that a student or potential
student provide the agency or a school served by the agency
with a password or any other means for accessing a private
email account of the student or potential student or a personal
online account of the student or potential student, including
any social networking website; or
``(2) discharge, discipline, discriminate against in any
manner, or deny admission to, suspend, or expel, or threaten to
take any such action against, any student or potential student
because--
``(A) the student or potential student refuses or
declines to provide a password or other means for
accessing a private email account of the student or
potential student or a personal online account of the
student or potential student, including any social
networking website; or
``(B) such student or potential student has filed
any complaint or instituted or caused to be instituted
any proceeding under or related to this paragraph or
has testified or is about to testify in any such
proceeding.
``(b) Definition.--For purposes of this subsection, the term
`social networking website' has the meaning given such term in section
5(2) of the Social Networking Online Protection Act.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by inserting after the item relating to section 9536, the following new
item:
``Sec. 9537. Prohibition on access to personal accounts of students.''.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``employer'' means any person acting directly
or indirectly in the interest of an employer in relation to an
employee or an applicant for employment; and
(2) the term ``social networking website'' means any
Internet service, platform, or website that provides a user
with a distinct account--
(A) whereby the user can access such account by way
of a distinct user name, password, or other means
distinct for that user; and
(B) that is primarily intended for the user to
upload, store, and manage user-generated personal
content on the service, platform, or website. | Social Networking Online Protection Act This bill prohibits employers from: (1) requiring or requesting that employees or applicants for employment provide their passwords or any other means for accessing their private email accounts or personal online accounts, including social networking websites; or (2) discharging, disciplining, discriminating against, denying employment or promotion to, or threatening to take any such action against employees or applicants who refuse to provide such information, file a complaint or institute a proceeding under this bill, or testify in any such proceeding. Employers who violate these prohibitions are subject to: (1) civil penalties; (2) the authority of the Department of Labor to bring injunctive actions; and (3) the jurisdiction of U.S. district courts to provide legal or equitable relief including employment, reinstatement, promotion, and payment of lost wages and benefits. The Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 are amended to prohibit certain institutions of higher education and local educational agencies from requesting such password or account information from students or potential students. The bill prohibits denial of admission, suspension, expulsion, and other discipline or discrimination against students who decline to provide such information, file a complaint, institute a proceeding, or testify in any related proceeding. | {"src": "billsum_train", "title": "Social Networking Online Protection Act"} | 1,532 | 264 | 0.584918 | 1.859483 | 0.866003 | 2.256198 | 5.780992 | 0.785124 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring America's Watersheds Act
of 2015''.
SEC. 2. WATER SOURCE PROTECTION PROGRAM.
Subtitle A of title III of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the
end the following:
``SEC. 3002. WATER SOURCE PROTECTION PROGRAM.
``(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
`Secretary'), shall establish and maintain a Water Source Protection
Program (referred to in this section as the `Program') for National
Forest System land derived from the public domain.
``(b) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Program, the
Secretary may enter into water source investment partnerships
with end water users (including States, political subdivisions,
Indian tribes, utilities, municipal water systems, irrigation
districts, nonprofit organizations, and corporations) to
protect and restore the condition of National Forest watersheds
that provide water to the non-Federal partners.
``(2) Form.--A partnership described in paragraph (1) may
take the form of memoranda of understanding, cost-share or
collection agreements, long-term match funding commitments, or
other appropriate instruments.
``(c) Water Source Management Plan.--
``(1) In general.--In carrying out the Program, the
Secretary may produce a water source management plan in
cooperation with the water source investment partnership
participants and State, local, and tribal governments.
``(2) Firewood.--A water source management plan may give
priority to projects that facilitate the gathering of firewood
for personal use pursuant to section 223.5 of title 36, Code of
Federal Regulations (or successor regulations).
``(3) Environmental analysis.--The Secretary may conduct--
``(A) a single environmental impact statement or
similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for all or part of the restoration projects in
the water source management plan; and
``(B) a statement or analysis described in
subparagraph (A) as part of the development of the
water source management plan or after the finalization
of the plan.
``(4) Endangered species act.--In carrying out the Program,
the Secretary may use the Manual on Adaptive Management of the
Department of the Interior, including any associated guidance,
for purposes of fulfilling any requirements under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(5) Funds and services.--
``(A) In general.--In carrying out the Program, the
Secretary may accept and use funding, services, and
other forms of investment and assistance from water
source investment partnership participants to implement
the water source management plan.
``(B) Manner of use.--The Secretary may accept and
use investments described in subparagraph (A) directly
or indirectly through the National Forest Foundation.
``(C) Water source protection fund.--
``(i) In general.--Subject to the
availability of appropriations, the Secretary
may establish a Water Source Protection Fund to
match funds or in-kind support contributed by
water source investment partnership
participants under subparagraph (A).
``(ii) Use of appropriated funds.--The
Secretary may use funds appropriated to carry
out this subparagraph to make multiyear
commitments, if necessary, to implement 1 or
more water source investment partnership
agreements.''.
SEC. 3. WATERSHED CONDITION FRAMEWORK.
Subtitle A of title III of the Omnibus Public Land Management Act
of 2009 (as amended by section 2) is amended by adding at the end the
following:
``SEC. 3003. WATERSHED CONDITION FRAMEWORK.
``(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
`Secretary'), shall establish and maintain a Watershed Condition
Framework for National Forest System land derived from the public
domain--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire
regime, risk of catastrophic fire, forest and rangeland
vegetation, invasive species, and insects and disease;
and
``(H) other significant factors, as determined by
the Secretary;
``(2) to identify for restoration up to 5 priority
watersheds in each National Forest, and up to 2 priority
watersheds in each national grassland, taking into
consideration the impact of the condition of the watershed
condition on--
``(A) wildfire behavior;
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by
the Secretary;
``(3) to develop a watershed restoration action plan for
each priority watershed that--
``(A) takes into account existing restoration
activities being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for
the impaired condition of the watershed;
``(ii) a set of essential projects that,
once completed, will address the identified
stressors and improve watershed conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding
sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize restoration activities for each
watershed restoration action plan;
``(5) to implement each watershed restoration action plan;
and
``(6) to monitor the effectiveness of restoration actions
and indicators of watershed health.
``(b) Coordination.--Throughout the process described in subsection
(a), the Secretary shall--
``(1) coordinate with interested non-Federal landowners and
with State, tribal, and local governments within the relevant
watershed; and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding subsection (a)(2),
the Secretary may identify a watershed as a priority for rehabilitation
in the Watershed Condition Framework without using the process
described in subsection (a), if a Forest Supervisor determines that--
``(1) a wildfire has significantly diminished the condition
of the watershed; and
``(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.''.
SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) Selection Process.--Section 4003(f)(4) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is amended by adding
at the end the following:
``(C) Prequalification.--
``(i) In general.--Before awarding a
contract funded by the Fund, the Secretary
shall determine whether the contractor has the
ability to complete the proposed restoration
activities, including--
``(I) the financial ability to
raise the funds necessary for the
proposed restoration activities; and
``(II) sufficient capacity to
perform the type and scope of the
proposed restoration activities.
``(ii) Criteria.--If the Department does
not have sufficient expertise to develop and
evaluate criteria to make a determination under
clause (i), the Secretary shall seek the
assistance of other agencies or third-party
consultants for purposes of developing and
evaluating the criteria.''.
(b) Reauthorization of Collaborative Forest Landscape Restoration
Fund.--Section 4003(f)(6) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain
available until expended'' and inserting ``2014, and $60,000,000 for
each of fiscal years 2016 through 2024, to remain available until
expended''. | Restoring America's Watersheds Act of 2015 Directs the Forest Service to establish a Water Source Protection Program for National Forest System land derived from the public domain. Authorizes the Department of Agriculture (USDA) to enter into water source investment partnerships with specified end water users to protect and restore the condition of National Forest watersheds that provide water to non-federal partners. Authorizes USDA to produce a water source management plan.Directs the Forest Service to establish a Watershed Condition Framework for System land derived from the public domain to: evaluate and classify the condition of watersheds, identify for restoration up to five priority watersheds in each National Forest and up to two priority watersheds in each national grassland, develop a watershed restoration action plan for each priority watershed, prioritize restoration activities for each watershed restoration action plan, implement each watershed restoration action plan, and monitor the effectiveness of restoration actions and indicators of watershed health. Requires USDA, before awarding a contract funded by the Collaborative Forest Landscape Restoration Fund, to determine whether the contractor has the ability to complete the proposed restoration activities, including: the financial ability to raise the funds necessary, and sufficient capacity to perform the type and scope of those activities. Reauthorizes the Collaborative Forest Landscape Restoration Fund for each of FY2016-FY2024. | {"src": "billsum_train", "title": "Restoring America's Watersheds Act of 2015"} | 1,898 | 291 | 0.508548 | 1.444527 | 0.827777 | 4.246964 | 7.040486 | 0.902834 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sports Relocation Reform Act of
1996''.
SEC. 2. RELOCATION OF CERTAIN TEAMS.
(a) Definitions.--For purposes of this section--
(1) the term `home territory' means the geographic
metropolitan area within which a member team operates and plays
the majority of its home games;
(2) the term `interested party' includes, with respect to a
member team--
(A) any political subdivision of a State that
provides, or has provided, financial assistance,
including tax abatement, for facilities (including a
stadium or arena) in which the member team plays;
(B) a representative of the political subdivision
with jurisdiction over the geographic area in which the
stadium or arena of the member team is located;
(C) a member team;
(D) the owner or operator of a stadium or arena of
a member team; and
(E) any other person who is determined by the
sports league of the member team to be an affected
party;
(3) the term `member team' means a team of professional
athletes--
(A) organized to play professional football,
basketball, or hockey; and
(B) that is a member of a professional sports
league;
(4) the term `person' means any individual, partnership,
corporation, or unincorporated association, any combination or
association thereof, or any State or political subdivision of a
State;
(5) the term `professional sports league' means an
association that--
(A) is composed of 2 or more member teams;
(B) regulates the contests and exhibitions of its
member teams; and
(C) has been engaged in competition in a particular
sport for a period of more than 7 years; and
(6) the terms `stadium' and `arena' mean the principal
physical facility within which a member team has played the
majority of its home games.
(b) Establishment of Rule.--
(1) In general.--Subject to the requirements set forth in
this section, any professional sports league may establish a
rule--
(A) authorizing the membership of that league to
decide whether or not a member team of that league may
be relocated outside of the home territory of that
member team; and
(B) requiring that any person seeking to change the
home territory of that member team obtain the approval
of the appropriate professional sports league.
(2) Inapplicability of antitrust laws.--Notwithstanding any
other provision of law, the antitrust laws shall not apply to
the enforcement or application by a professional sports league
of any rule established pursuant to paragraph (1).
(c) Procedural Requirements.--
(1) Request for approval.--
(A) In general.--Not later than 210 days before the
commencement of the season in which a member team
proposes to play in a new location, any person seeking
to change the home territory of that member team shall
submit a request for approval of the proposed change to
the appropriate professional sports league.
(B) Requirements.--Each request for approval
submitted under subparagraph (A) shall--
(i) be in writing;
(ii) be delivered in person or by certified
mail to each interested party by not later than
30 days after submission to the appropriate
professional sports league under subparagraph
(A);
(iii) be made available by the date
specified in clause (ii) to the news media;
(iv) be published by the date specified in
clause (iii) in 1 or more newspapers of general
circulation within the home territory of the
member team; and
(v) contain--
(I) an identification of the
proposed location of the member team;
(II) a summary of the reasons for
the change in home territory based on
the criteria described in paragraph
(2)(B); and
(III) the date on which the
proposed change would become effective.
(2) Procedures.--
(A) Establishment.--Each professional sports league
shall establish rules and procedures for approving or
disapproving requests submitted under paragraph (1),
that shall--
(i) include criteria to be considered and
taken as a whole by the professional sports
league in approving or disapproving such
requests; and
(ii) be made available upon request to any
interested party.
(B) Criteria to be considered.--The criteria
described in subparagraph (A)(i) shall include--
(i) the extent to which fan loyalty to and
support for the member team has been
demonstrated, through attendance, ticket sales,
and television ratings, during the tenure of
the member team in the home territory;
(ii) the degree to which the member team
has engaged in good faith negotiations with
appropriate persons concerning the terms and
conditions under which the member team would
continue to play its games in the home
territory of the member team;
(iii) the degree to which the ownership or
management of the member team has contributed
to any circumstance that might demonstrate the
need for the relocation of the member team;
(iv) the extent to which the member team
has, directly or indirectly, received public
financial support by means of any publicly
financed playing facility, rent abatement,
special tax treatment, any other form of public
financial support, any other public benefits
not generally available to businesses as a
whole within the jurisdiction, and the extent
to which such support continues;
(v) the adequacy of the stadium or arena of
the member team, and the willingness of the
stadium or arena authority and the local
government to remedy any deficiencies in the
stadium or arena;
(vi) whether the member team has incurred
net operating losses, exclusive of depreciation
or amortization, sufficient to threaten the
continued financial viability of the member
team;
(vii) whether any other member team in the
professional sports league is located in the
home territory of the member team;
(viii) whether the member team proposes to
relocate to a territory in which no other
member team in the professional sports league
is located;
(ix) whether the stadium or arena
authority, if public, is opposed to the
relocation;
(x) the effect that relocation would have
on contracts, agreements, or understandings
between the member team and public and private
parties; and
(xi) any other criteria considered to be
appropriate by the professional sports league.
(3) Hearings.--In determining whether to approve or
disapprove a proposed request submitted under paragraph (1),
the professional sports league shall--
(A) conduct a hearing at which interested parties
shall be afforded an opportunity to submit written
testimony and exhibits; and
(B) keep a written record of that hearing and any
testimony and exhibits submitted under subparagraph
(A).
(d) Judicial Review.--
(1) In general.--A decision by a professional sports league
to approve or disapprove a request submitted under paragraph
(c)(1) may only be reviewed in a civil action filed by an
interested party in accordance with this subsection.
(2) Venue.--
(A) In general.--Except as provided in subparagraph
(B), an action under this subsection may be filed only
in the United States District Court for the District of
Columbia.
(B) Exception.--If the home territory of the member
team or the proposed home territory of the member team
is located within a 50-mile radius of the District of
Columbia, an action under this subsection may be filed
only in the United States District Court for the
Southern District of New York.
(3) Time.--
(A) Filing.--An action under this subsection shall
be filed not later than 14 days after the date of the
formal vote of the professional sports league approving
or disapproving the proposed relocation.
(B) Review.--Not later than 30 days after the
filing of the action in accordance with subparagraph
(A), the district court shall issue an order with
respect to that action.
(4) Standard of review.--The scope of judicial review in
any action under this subsection shall be limited to a
determination of whether--
(A) in deciding whether to approve or disapprove a
proposed relocation, the professional sports league
failed to comply with this section; and
(B) the decision of the professional sports league
to approve or disapprove a proposed relocation was
arbitrary or capricious.
(5) Relief granted by court.--
(A) In general.--In any action under this
subsection, if the district court makes a determination
described in subparagraph (A) or (B) of paragraph (4),
the court shall--
(i) remand the matter for further
consideration by the professional sports
league; and
(ii) enjoin any relocation of the member
team at issue until the professional sports
league has reconsidered the matter in
accordance with the order of the court under
this paragraph.
(B) Limitation of court.--The court may not grant
any relief in any action under this subsection other
than enjoining or approving enforcement of the decision
by the professional sports league to approve or
disapprove a request submitted under paragraph (c)(1).
(C) Prohibition of multiple lawsuits by other
interested parties.--An interested party shall have a
right of intervention in a civil action described in
paragraph (1), but may not file an additional civil
action after the initial civil action has been filed. | Sports Relocation Reform Act of 1996 - Authorizes any U.S. professional sports league to establish a rule: (1) authorizing the league membership to decide whether or not a member team may be relocated; and (2) requiring that any person seeking to change the home territory of a member team obtain league approval. Makes the antitrust laws inapplicable to the enforcement or application of any such rules.
Outlines procedural requirements for requests for approval of a proposed relocation, requiring each league to establish rules and procedures governing such requests. Outlines criteria to be considered during such process, including fan loyalty and the extent to which the requesting team has entered into good faith negotiations of terms and conditions required to continue to play in the current territory. Requires the league to conduct hearings in which interested parties are afforded an opportunity to submit written testimony and exhibits. Provides for judicial review through a civil action filed in the U.S. District Court for the District of Columbia, with an exception for a team located in the District of Columbia area. Authorizes such Court to remand the matter for further consideration by the league and enjoin any relocation until the league has completed such reconsideration. Prohibits multiple lawsuits by other interested parties. | {"src": "billsum_train", "title": "Sports Relocation Reform Act of 1996"} | 2,028 | 275 | 0.565798 | 1.531356 | 0.917597 | 2.576923 | 8.337607 | 0.876068 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safety Net
Enhancement Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ADMINISTRATIVE REFORMS
Sec. 101. Extended benefits trigger.
Sec. 102. Increase and decrease in earnings credited to State accounts
when States meet or fail to meet funding
goals.
Sec. 103. Interest-free advances to State accounts in Unemployment
Trust Fund restricted to States which meet
funding goals.
Sec. 104. State collection of Federal unemployment tax.
Sec. 105. Required distribution of State-specific information packets.
TITLE II--REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION
Sec. 201. Repeal of tax on unemployment compensation.
TITLE III--SAFETY NET REVIEW COMMISSION
Sec. 301. Establishment.
Sec. 302. Function.
Sec. 303. Members.
Sec. 304. Staff and other assistance.
Sec. 305. Compensation.
Sec. 306. Report.
Sec. 307. Termination.
TITLE I--ADMINISTRATIVE REFORMS
SEC. 101. EXTENDED BENEFITS TRIGGER.
(a) In General.--Section 203(d) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subparagraph (B) of paragraph (1), by striking ``5
per centum'' and inserting ``4 per centum'', and
(2) in the first flush sentence following paragraph (2), by
striking ``5'' and inserting ``4''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to weeks of unemployment beginning 6 months or more after the
date of the enactment of this Act.
SEC. 102. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``(h) Increase and Decrease in Amount of Earnings Allocated to
State Accounts When States Meet or Fail To Meet Funding Goals.--(1) If
the average daily balance in a State account in the Unemployment Trust
Fund for any calendar quarter exceeds the funding goal of such State,
the amount otherwise creditable to such account under subsection (e)
for such quarter shall be increased by the interest premium on such
excess. If the average daily balance in such a State account for any
calendar quarter is less than the funding goal of such State, the
amount otherwise creditable to such account under subsection (e) for
such quarter shall be decreased by the interest penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2010.
SEC. 103. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT
TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Subparagraph (C) of section 1202(b)(2) of the
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as
follows:
``(C) the average daily balance in the account of such
State in the Unemployment Trust Fund for each of 4 of the 5
calendar quarters preceding the calendar quarter in which such
advances were made exceeds the funding goal of such State (as
defined in section 904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
SEC. 104. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
such organizations or other entities as the Secretary considers
appropriate, prescribe regulations requiring that additional
information be submitted by such State with respect to the amount of
such tax payable by such employer.''.
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 105. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2008 and thereafter, except that
section 3304(a)(20) of the Internal Revenue Code of 1986, as added by
subsection (a), shall not be a requirement for the State law of any
State prior to July 1, 2009, if the legislature of such State does not
meet in a regular session which closes during the calendar year 2008.
TITLE II--REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION
SEC. 201. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986 is
hereby repealed.
(b) Conforming Amendments.--
(1) Subsection (p) of section 3402 of such Code is amended
by striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(2) Section 6050B of such Code (relating to returns
relating to unemployment compensation) is hereby repealed.
(3) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 85.
(4) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050B.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after December 31, 2007.
TITLE III--SAFETY NET REVIEW COMMISSION
SEC. 301. ESTABLISHMENT.
The Secretary of Labor shall establish an advisory commission to be
known as the ``Safety Net Review Commission'' (hereinafter in this
title referred to as the ``Commission'').
SEC. 302. FUNCTION.
It shall be the function of the Commission to evaluate the
unemployment compensation program, the Trade Adjustment Assistance
program, the Job Corps program, a program under the Workforce
Investment Act, and other employment assistance programs, including the
purpose, goals, countercyclical effectiveness, coverage, benefit
adequacy, trust fund solvency, funding of State administrative costs,
administrative efficiency, and any other aspects of each such program,
as well as any related provisions of the Internal Revenue Code of 1986,
and to make recommendations for their improvement.
SEC. 303. MEMBERS.
(a) In General.--The Commission shall consist of 11 members as
follows:
(1) 5 members appointed by the President, to include
representatives of business, labor, State government, and the
public.
(2) 3 members appointed by the President pro tempore of the
Senate, in consultation with the Chairman and ranking member of
the Committee on Finance of the Senate.
(3) 3 members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman and ranking
member of the Committee on Ways and Means of the House of
Representatives.
(b) Qualifications.--In appointing members under paragraphs (2) and
(3) of subsection (a), the President pro tempore of the Senate and the
Speaker of the House of Representatives shall each appoint--
(1) 1 representative of the interests of business,
(2) 1 representative of the interests of labor, and
(3) 1 representative of the interests of State governments.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chairman.--The President shall appoint the Chairman of the
Commission from among its members.
SEC. 304. STAFF AND OTHER ASSISTANCE.
(a) In General.--The Commission may engage any technical assistance
(including actuarial services) required by the Commission to carry out
its functions under this title.
(b) Assistance From Secretary of Labor.--The Secretary of Labor
shall provide the Commission with any staff, office facilities, and
other assistance, and any data prepared by the Department of Labor,
required by the Commission to carry out its functions under this title.
SEC. 305. COMPENSATION.
Each member of the Commission--
(1) shall be entitled to receive compensation at the rate
of pay for level V of the Executive Schedule under section 5316
of title 5, United States Code, for each day (including travel
time) during which such member is engaged in the actual
performance of duties vested in the Commission; and
(2) while engaged in the performance of such duties away
from such member's home or regular place of business, shall be
allowed travel expenses (including per diem in lieu of
subsistence) as authorized by section 5703 of such title 5 for
persons in the Government employed intermittently.
SEC. 306. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Commission shall submit to the President and the Congress a
report setting forth the findings and recommendations of the Commission
as a result of its evaluation under this title.
SEC. 307. TERMINATION.
The Commission shall terminate 2 months after submitting its report
pursuant to section 306. | Safety Net Enhancement Act - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the federal-state extended unemployment compensation program established under the Social Security Act (SSA) to revise the formula for "on" and "off" indicators on the state level used to determine extended unemployment compensation benefit periods.
Amends the SSA to require: (1) an increase in earnings credited to a state account in the Unemployment Trust Fund when a state meets funding goals; and (2) a decrease in such earnings credited to a state account when the state fails to meet funding goals.
Excludes any interest premium or penalty from such requirement to the extent that it would result in an increase or decrease of more than $2.5 million in the amount creditable to any state account for any calendar quarter.
Amends the SSA to restrict interest-free advances to state accounts in the Fund to states which meet funding goals.
Amends the Internal Revenue Code to require: (1) state collection of federal unemployment tax; and (2) state distribution to unemployed individuals of state-specific information packets explaining unemployment insurance eligibility conditions.
Repeals the tax on unemployment compensation.
Requires the Secretary of Labor to establish a Safety Net Review Commission. | {"src": "billsum_train", "title": "To reform the Federal unemployment benefits system, and for other purposes."} | 3,637 | 264 | 0.575311 | 1.581236 | 0.757593 | 3.614108 | 13.572614 | 0.875519 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Craig Municipal Equity Act of
1999''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Section 6(a) of the Alaska Statehood Act (48 U.S.C.,
note preceding section 21) granted 400,000 acres of national
forest land to the State of Alaska for the purpose of
furthering development of and expansion of communities. In
1969, the State of Alaska selected 17,040 acres of this Federal
land grant at the request of the city of Craig, Alaska, but
this and other selections were not approved by the United
States Forest Service.
(2) On December 18, 1971, the Alaska Native Claims
Settlement Act (48 U.S.C. 1601 et seq.) was enacted to settle
outstanding Native aboriginal claims to lands in the State of
Alaska. The settlement included the direction to convey certain
lands to Alaska Native village corporations located in
Southeast Alaska. These conveyances included all of the public
land in the vicinity of the city of Craig that was selected by
the State of Alaska in 1969.
(3) Pursuant to ANCSA, the Federal Government conveyed
3,960 acres of public land within the city of Craig, and all
public land surrounding the community, to 2 Native village
corporations. These adjoining conveyances occupy 93 percent of
the 4,258 acres within the city limits of the city of Craig.
Outside of the existing 200-acre Craig townsite, no other land
within 10 miles of the Craig city limits has been available for
selection under the Alaska Statehood Act.
(4) In the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3101 et seq.), the Congress exempted Native
corporations from municipal taxation of their underdeveloped
land, and enacted a tax recapture provision, in section
907(d)(5) of that Act (43 U.S.C. 1636(d)(5)), that acts as a
further disincentive to development of Native village
corporation land.
(5) Under the laws of the State of Alaska, incorporated
municipalities are entitled to a share of available State land
within their corporate limits. However, the enactment of ANCSA
and circumstances experienced by no other municipality in
Alaska, including Federal land conveyances to 2 adjoining
Native village corporations, has prevented the city of Craig
from acquiring a State land entitlement.
(6) Since 1971, the city of Craig has grown from a
population of 250 people to nearly 2,500 people and its
demographics have changed, making it difficult for Craig to
qualify for many programs enacted by the Congress to provide
assistance to villages with majority Alaska Native populations.
(7) Provisions of Federal tax laws and Federal land
conveyances have had the unintended effect of preventing the
city of Craig from exercising its governmental powers to tax 93
percent of the land within the municipality, and to receive any
of the Federal land grant promised at the time of Alaska
statehood for community expansion and development.
SEC. 3. REQUIREMENT TO CONVEY LANDS.
(a) In General.--The Secretary of Agriculture shall, subject to
valid existing rights, convey to the city of Craig, Alaska, all right,
title, and interest of the United States in and to the lands described
in subsection (b).
(b) Legal Description.--The lands referred to in subsection (a) are
all Federal lands in the following described protracted and partially
surveyed townships in the Copper River Meridian, Alaska:
copper river meridian, alaska
T. 71 S., R. 81 E.
Section 24, E\1/2\;
Section 25, E\1/2\, S\1/2\SW\1/4\;
Section 36.
Containing 1360 acres, more or less.
T. 71 S., R. 82 E.
Section 19, S\1/2\SW\1/4\;
Section 29, W\1/4\NW\1/4\, N\1/2\SW\1/4\;
Section 30, All;
Section 31, All.
Containing 1500 acres, more or less.
T. 72 S., R. 82 E.
Section 5, SW\1/4\NW\1/4\, W\1/2\, SW\1/4\;
Section 6, All;
Section 7, NE\1/4\NE\1/4\;
Section 8, W\1/2\, SW\1/4\SE\1/4\;
Section 17, NW\1/4\NW\1/4\, E\1/2\NW\1/4\, NE\1/
4\SW\1/4\, W\1/2\NE\1/4\, NW\1/4\SE\1/4\, S\1/2\SE\1/
4\;
Section 20, NE\1/4\.
Containing 1672 acres, more or less.
Aggregating 4532 acres, more or less.
(c) Deadline.--The Secretary shall complete all conveyances
required by subsection (a) within 90 days after the date of enactment
of this Act.
(d) Escrow Account.--
(1) In general.--All amounts received by the United States
on or after the date of enactment of this Act as proceeds of
contracts, leases, permits, rights-of-way, or easements
pertaining to the land to be conveyed under subsection (a)
shall be deposited into a separate account in the Treasury.
(2) Investment.--The Secretary of the Treasury shall invest
moneys in the account in public debt securities with maturities
suitable to the needs of the account, as determined by the
Secretary of the Treasury, and bearing interest at rates determined by
the Secretary of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturity. Amounts earned on such investments shall be
deposited in the account.
(3) Use.--Amounts in the account shall, subject to
appropriations, be paid by the Secretary to the city of Craig
at the time of conveyance under subsection (a) of lands from
which the amounts are derived.
(e) Timber Export Restriction.--Notwithstanding any other provision
of law, timber harvested from land conveyed to the city of Craig under
this section shall not be transported from Alaska by any person as
unprocessed logs, and shall not be conveyed by any person for purposes
of such transport.
(f) Relation to Other Requirements.--Notwithstanding any other
provision of law, the land conveyed to the city of Craig under this
section shall be considered in lieu of land not conveyed under the
Alaska Statehood Act for the purpose of furthering development of and
expansion of the city of Craig. Such conveyance is not subject to the
provisions of the Alaska Statehood Act, nor does it limit or restrict
the State of Alaska's land entitlement under section 6(a) of that Act.
(g) Maps.--
(1) Filing.--Maps depicting lands to be conveyed under this
section shall be maintained on file and available for public
inspection--
(A) in the District of Columbia, in the Office of
the Chief of the United States Forest Service and in
the Office of the Secretary of the Interior; and
(B) in Craig, Alaska, in the office of the Craig
Ranger District.
(2) Controlling effect.--The acreages cited in subsection
(b) are approximate. If there is any discrepancy between any
such cited acreage and the land depicted on the maps, the maps
shall control. The maps shall not be construed to convey State
of Alaska or private land.
SEC. 4. DEFINITIONS.
In this Act:
(1) ANCSA.--The term ``ANCSA'' means the Alaska Native
Claims Settlement Act (48 U.S.C. 1601 et seq.).
(2) Alaska statehood act.--The term ``Alaska Statehood
Act'' means Public Law 85-508 (48 U.S.C., note preceding
section 21).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture. | Requires that all amounts received by the United States after enactment of this Act as proceeds of contracts, leases, permits, rights-of-way, or easements be deposited into a separate Treasury account and invested. Requires such amounts in such account to be paid by the Secretary to the city at the time of conveyance of land from which the amounts are derived.
Prohibits timber harvested from land conveyed to the city from being transported as unprocessed logs from Alaska or conveyed for purposes of such transport.
Provides that the land conveyed under this Act shall be considered in lieu of land not conveyed under the Alaska Statehood Act for the purpose of furthering development and expansion of the city.
. | {"src": "billsum_train", "title": "Craig Municipal Equity Act of 1999"} | 1,780 | 165 | 0.459359 | 1.53593 | 0.438127 | 5.781955 | 11.12782 | 0.954887 |
SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS.
(a) Appointment of Chief Financial Officer.--
(1) In general.--The Governor of the Virgin Islands shall
appoint a Chief Financial Officer, with the advice and consent
of the Legislature of the Virgin Islands, from the names on the
list required under section 2(d). If the Governor has nominated
a person for Chief Financial Officer but the Legislature of the
Virgin Islands has not confirmed a nominee within 90 days after
receiving the list pursuant to section 2(d), the Governor shall
appoint from such list a Chief Financial Officer on an acting
basis until the Legislature consents to a Chief Financial
Officer.
(2) Acting chief financial officer.--If a Chief Financial
Officer has not been appointed under paragraph (1) within 180
days after the date of the enactment of this Act, the Virgin
Islands Chief Financial Officer Search Commission, by majority
vote, shall appoint from the names on the list submitted under
section 2(d), an Acting Chief Financial Officer to serve in
that capacity until a Chief Financial Officer is appointed
under the first sentence of paragraph (1). In either case, if
the Acting Chief Financial Officer serves in an acting capacity
for 180 consecutive days, without further action the Acting
Chief Financial Officer shall become the Chief Financial
Officer.
(b) Duties of Chief Financial Officer.--The duties of the Chief
Financial Officer shall include the following:
(1) Develop and report on the financial status of the
Government of the Virgin Islands not later than 6 months after
appointment and quarterly thereafter. Such reports shall be
available to the public.
(2) Each year prepare and certify spending limits of the
annual budget, including annual estimates of all revenues of
the territory without regard to sources, and whether or not the
annual budget is balanced.
(3) Revise and update standards for financial management,
including inventory and contracting, for the Government of the
Virgin Islands in general and for each agency in conjunction
with the agency head.
(c) Documents Provided.--The heads of each department of the
Government of the Virgin Islands, in particular the head of the
Department of Finance of the Virgin Islands and the head of the
Internal Revenue Bureau of the Virgin Islands shall provide all
documents and information under the jurisdiction of that head that the
Chief Financial Officer considers required to carry out his or her
functions to the Chief Financial Officer.
(d) Conditions Related to Chief Financial Officer.--
(1) Term.--The Chief Financial Officer shall be appointed
for a term of 5 years.
(2) Removal.--The Chief Financial Officer shall not be
removed except for cause. An Acting Chief Financial Officer may
be removed for cause or by a Chief Financial Officer appointed
with the advice and consent of the Legislature of the Virgin
Islands.
(3) Replacement.--If the Chief Financial Officer is unable
to continue acting in that capacity due to removal, illness,
death, or otherwise, another Chief Financial Officer shall be
selected in accordance with subsection (a).
(4) Salary.--The Chief Financial Officer shall be paid at a
salary to be determined by the Governor of the Virgin Islands,
except such rate may not be less than the highest rate of pay
for a cabinet officer of the Government of the Virgin Islands
or a Chief Financial Officer serving in any government or
semiautonomous agency.
(e) Referendum.--As part of the closest regularly scheduled,
islands-wide election in the Virgin Islands to the expiration of the
fourth year of the five-year term of the Chief Financial Officer, the
Board of Elections of the Virgin Islands shall hold a referendum to
seek the approval of the people of the Virgin Islands regarding whether
the position of Chief Financial Officer of the Government of the Virgin
Islands shall be made a permanent part of the executive branch of the
Government of the Virgin Islands. The referendum shall be binding and
conducted according to the laws of the Virgin Islands, except that the
results shall be determined by a majority of the ballots cast.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Virgin Islands Chief Financial Officer Search Commission''.
(b) Duty of Commission.--The Commission shall recommend to the
Governor not less than 3 candidates for nomination as Chief Financial
Officer of the Virgin Islands. Each candidate must have demonstrated
ability in general management of, knowledge of, and extensive practical
experience at the highest levels of financial management in
governmental or business entities and must have experience in the
development, implementation, and operation of financial management
systems.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 8 members appointed not later than 30 days after
the date of the enactment of this Act. Persons appointed as
members must have recognized business, government, or financial
expertise and experience and shall be appointed as follows:
(A) 1 individual appointed by the Governor of the
Virgin Islands.
(B) 1 individual appointed by the President of the
Legislature of the Virgin Islands.
(C) 1 individual, who is an employee of the
Government of the Virgin Islands, appointed by the
Central Labor Council of the Virgin Islands.
(D) 1 individual appointed by the Chamber of
Commerce of St. Thomas-St. John.
(E) 1 individual appointed by the Chamber of
Commerce of St. Croix.
(F) 1 individual appointed by the President of the
University of the Virgin Islands.
(G) 1 individual, who is a resident of St. John,
appointed by the At-Large Member of the Legislature of
the Virgin Islands.
(H) 1 individual appointed by the President of AARP
Virgin islands.
(2) Terms.--
(A) In general.--Each member shall be appointed for
the life of the Commission.
(B) Vacancies.--A vacancy in the Commission shall
be filled in the manner in which the original
appointment was made. Any member appointed to fill a
vacancy shall be appointed for the remainder of that
term.
(3) Basic pay.--Members shall serve without pay.
(4) Quorum.--Five members of the Commission shall
constitute a quorum.
(5) Chairperson.--The Chairperson of the Commission shall
be the Chief Justice of the Supreme Court of the United States
Virgin Islands or the designee of the Chief Justice. The
Chairperson shall serve as an ex officio member of the
Commission and shall vote only in the case of a tie.
(6) Meetings.--The Commission shall meet at the call of the
Chairperson. The Commission shall meet for the first time not
later than 15 days after all members have been appointed under
this subsection.
(7) Government employment.--Members may not be current
government employees, except for the member appointed under
paragraph (1)(C).
(d) Report; Recommendations.--The Commission shall transmit a
report to the Governor, the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate not later than 60 days after its first meeting. The report
shall name the Commission's recommendations for candidates for
nomination as Chief Financial Officer of the Virgin Islands.
(e) Termination.--The Commission shall terminate upon the
nomination and confirmation of the Chief Financial Officer.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Chief financial officer.--In sections 1 and 2, the term
``Chief Financial Officer'' means a Chief Financial Officer or
Acting Chief Financial Officer, as the case may be, appointed
under section 1(a).
(2) Commission.--The term ``Commission'' means the Virgin
Islands Chief Financial Officer Search Commission established
pursuant to section 2.
(3) Governor.--The term ``Governor'' means the Governor of
the Virgin Islands.
(4) Removal for cause.--The term ``removal for cause''
means removal based upon misconduct, failure to meet job
requirements, or any grounds that a reasonable person would
find grounds for discharge. | . Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that, if the Legislature has not confirmed a nominee within 90 days, the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer. Requires the Virgin Islands Chief Financial Officer Search Commission to appoint an Acting Chief Financial Officer from the list, until a Chief Financial Officer is appointed, if one has not been appointed within 180 days. Requires any Acting Chief Financial Officer serving in that capacity for 180 consecutive days to become the Chief Financial Officer. Sets forth the Chief Financial Officer's duties. Directs the Board of Elections of the Virgin Islands, as part of the regularly scheduled, islands-wide election in the Virgin Islands closest to the expiration of the fourth year of the five-year term of the Chief Financial Officer, to hold a referendum to determine whether the position of Chief Financial Officer shall be made a permanent part of the executive branch of the government of the Virgin Islands. Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission upon the nomination and confirmation of the Chief Financial Officer. | {"src": "billsum_train", "title": "To create the Office of Chief Financial Officer of the Government of the Virgin Islands, and for other purposes."} | 1,717 | 291 | 0.696418 | 1.757193 | 0.809265 | 5.519685 | 6.444882 | 0.937008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Reform Act''.
SEC. 2. ESTABLISHMENT.
There is established the Commission to Study the Structure and
Reauthorization of the Federal Communications Commission (in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall study and report on the organizational
structure of the Federal Communications Commission, with an emphasis on
determining--
(1) whether that structure should be changed to reflect the
current state of telecommunications, including the rise of the
Internet; and
(2) whether there should be a reduction in the number of
commissioners.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 7
members, appointed as follows:
(1) 2 members appointed by the Speaker of the House of
Representatives in consultation with the Chairman of the
Committee on Commerce of the House of Representatives and in
accordance with subsection (c).
(2) 2 members appointed by the majority leader of the
Senate in consultation with the Chairman of the Committee on
Commerce, Science, and Transportation of the Senate and in
accordance with subsection (c).
(3) 2 members appointed by the minority leader of the House
of Representatives in consultation with the ranking minority
member of the Committee on Commerce of the House of
Representatives.
(4) 1 member appointed by the Chairman and ranking minority
member of the Committee on Commerce of the House of
Representatives acting jointly.
(b) Appointments Deadline.--All appointments under subsection (a)
shall be made not later than 45 days after the date of the enactment of
this Act.
(c) Appointments of Former Commissioners.--The Speaker of the House
of Representatives and the majority leader of the Senate shall each,
under subsection (a), appoint as a member of the Commission at least 1
former commissioner of the Federal Communications Commission.
(d) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(e) Basic Pay.--
(1) Rates of pay.--Members shall receive no pay for their
service on the Commission.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Quorum.--4 members shall constitute a quorum, but a lesser
number may hold hearings.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--
(1) In general.--Subject to section 552 of title 5, United
States Code, popularly known as the Freedom of Information Act,
and section 552a of title 5, United States Code, popularly
known as the Privacy Act of 1974, the Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Commission, the head of such a department or
agency shall furnish that information to the Commission.
(2) Interviews.--Each commissioner of the Federal
Communications Commission shall, upon request of the
Commission, provide the Commission a reasonable opportunity to
interview such commissioner for the purpose of facilitating the
work of the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of facilitating the work of the
Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) General Accounting Office Assistance.--Upon the request of the
Commission, the Comptroller General of the United States shall assist
the Commission in carrying out this Act.
(h) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies and
other services.
SEC. 6. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Commission shall transmit to the Congress a report on the
findings and conclusions of the Commission.
SEC. 7. TERMINATION.
The Commission shall terminate upon transmission of the report
required by section 6. | Federal Communications Commission Reform Act - Establishes the Commission to Study the Structure and Reauthorization of the Federal Communications Commission to study and report to Congress on the Commission's organizational structure with an emphasis on determining: (1) whether that structure should be changed to reflect the current state of telecommunications; and (2) whether there should be a reduction in the number of commissioners. | {"src": "billsum_train", "title": "To establish the Commission to Study the Structure and Reauthorization of the Federal Communications Commission."} | 1,122 | 80 | 0.632476 | 1.495506 | 1.178251 | 6.661972 | 14.633803 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Training Center for
Minority Museum, Archives, and Historic Preservation Professionals
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) By a law enacted in 1980, the National Afro-American
History and Culture Commission was established to develop plans
for the construction and operation of the National Center for
the Study of Afro-American History and Culture (now known as
the National Afro-American Museum and Cultural Center).
(2) The Museum was constructed at Wilberforce, Ohio, and
opened to the public in April 1988.
(3) It was the intent of Congress, and the understanding of
the State of Ohio, that the Federal Government would assist the
State by providing funds for construction and development of
the Museum as a joint Federal-State project, yet this
partnership was not clarified in the original legislation.
(4) The State of Ohio has assumed almost exclusive
financial responsibility for the Museum thus far.
(5) There is a gross underrepresentation of minority
museum, archives, and historic preservation professionals in
our Nation's museums, archives, and historic preservation
offices, which results in the failure to preserve important
artifacts, manuscripts, and sites related to minority history
and culture.
(6) The State of Ohio has gone as far as it can without
tangible Federal assistance and needs Federal funds for
construction of a center at the Museum to be used to train
minority museum, archives, and historic preservation
professionals for our Nation's museums, archives, and historic
preservation offices.
(7) Public Law 101-628 instructs the National Park Service
to develop a range of concepts to preserve, interpret and
commemorate the Underground Railroad story. During the 19th
Century, the State of Ohio and its citizens played major roles
in helping escaped slaves to freedom via the Underground
Railroad. Wilberforce, Ohio was an important station among a
network of stations in Ohio.
(b) Purposes.--In order to meet the charge of the original
legislation, the purposes of this Act are--
(1) to authorize the appropriation of funds for
construction and maintenance of the National Training Center at
the National Afro-American Museum and Cultural Center at
Wilberforce, Ohio;
(2) to authorize the establishment of a Board of Governors
of the National Afro-American Museum and Cultural Center
jointly with the State of Ohio; and
(3) to authorize an interpretative and research center to
preserve, interpret and commemorate the Underground Railroad
story.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Board of governors.--The term ``Board of Governors''
means the Board of Governors of the National Afro-American
Museum and Cultural Center established pursuant to section 6.
(2) Director.--The term ``Director'' means the Director of
the National Park Service.
(3) Museum.--The term ``Museum'' means the National Afro-
American Museum and Cultural Center.
SEC. 4. NATIONAL TRAINING CENTER CONSTRUCTION AND OPERATIONS AND
MAINTENANCE.
The Director shall--
(1) construct, jointly with the State of Ohio, a National
Training Center at the Museum which will prepare professionals
for our Nation's museums, archives, and historic preservation
offices; and
(2) through the Board of Governors established pursuant to
section 6, provide for the operation and maintenance of the
Museum and provide for technical assistance to the Museum.
SEC. 5. MINORITY MUSEUM PROFESSIONAL STUDIES.
The Secretary of Education, acting through the Board of Governors,
shall--
(1) contract with a consortium of institutions of higher
education to implement a graduate degree program to train
minorities in museum, archives, and historic preservation
studies at the Museum;
(2) offer annual seminars in museum, archival, and historic
preservation practices and periodic workshops, in conjunction
with the African American Museums Association and other
professional organizations, to serve the needs of minority
museum professionals; and
(3) provide scholarships and loans for students and
professionals in the studies established under paragraphs (1)
and (2).
SEC. 6. BOARD OF GOVERNORS OF MUSEUM.
(a) Establishment.--The Secretary of Education and the Director are
authorized to establish jointly with the State of Ohio a Board of
Governors of the National Afro-American Museum and Cultural Center
which meets the requirements of subsection (b) and which has the
authority to carry out the duties, responsibilities, and authorities
required by this Act.
(b) Requirements for Board of Governors.--The requirements for the
Board of Governors referred to in subsection (a) are as follows:
(1) Number and appointment.--
(A) Four members of the Board of Governors are
appointed by the Governor of Ohio, who are--
(i) the presidents of Central State
University, Wright State University, and
Wilberforce University, or their designees; and
(ii) the Director of the Ohio Historical
Society, or the Director's designee.
(B) Five members of the Board of Governors who
shall be from diverse disciplines and geographical
residence and shall be committed to the advancement of
knowledge and African American and minority history and
culture, of whom--
(i) three shall be appointed by the
Governor of Ohio;
(ii) one shall be appointed by the
Secretary; and
(iii) one shall be appointed by the
Director.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), the term for members of the Board of Governors is
three years and members may be reappointed.
(B) Staggered terms.--As designated by the
appointing authority at the time of initial
appointments pursuant to paragraph (1)(B), the term of
one member expires at the end of one year, the terms of
two members expire at the end of two years, and the
terms of three members expire at the end of three
years.
(3) Vacancies.--A vacancy on the Board of Governors shall
not affect its powers and shall be filled in the manner in
which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term
for which the predecessor of the member was appointed for the
remainder of the term.
(4) No compensation.--Except as provided in paragraph (5),
members of the Board of Governors appointed pursuant to
paragraph (1)(B) shall serve without pay.
(5) Expenses.--Members of the Board of Governors appointed
pursuant to paragraph (1)(B) shall receive per diem, travel,
and transportation expenses for each day, including travel
time, during which they are engaged in the performance of the
duties of the Board of Governors in accordance with section
5703 of title 5, United States Code, with respect to employees
serving intermittently in the Government service.
(6) Chairperson.--The Board of Governors shall elect a
chairperson by a majority vote of the members of the Board of
Governors.
(7) Meetings.--The Board of Governors shall meet at the
call of the chairperson or upon the written request of a
majority of its members, but shall meet not less than twice
each year.
(8) Quorum.--A majority of the Board of Governors shall
constitute a quorum for purposes of conducting business, but a
lesser number may receive information on behalf of the Board of
Governors.
(9) Voluntary services.--Notwithstanding section 1342 of
title 31, United States Code, the chairperson of the Board of
Governors may accept for the Board of Governors voluntary
services provided by a member of the Board of Governors.
(c) Commission Termination.--Effective 30 days after the date of
enactment of this Act, the National Center for the Study of Afro-
American History and Culture Act (20 U.S.C. 3701 et seq.) is repealed.
SEC. 7. DUTIES, AUTHORITIES, AND RESPONSIBILITIES OF THE BOARD OF
GOVERNORS OF THE MUSEUM.
(a) In General.--The duties of the Board of Governors established
pursuant to section 6(a) are as follows:
(1) To recommend annual budgets for the Museum and the
National Training Center established pursuant to section 4.
(2) To have the sole authority to--
(A) loan, exchange, sell, or otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by such disposition are used for
additions to the collections of the Museum or for
additions to the endowment of the Museum;
(B) subject to the availability of funds and the
provisions of annual budgets of the Museum, purchase,
accept, borrow, or otherwise acquire artifacts and
other property for addition to the collections of the
Museum;
(C) establish policy with respect to the
utilization of the collections of the Museum; and
(D) establish policy regarding programming,
education, exhibitions, and research, with respect to
the life and culture of African Americans, the role of
African Americans in the history of the United States,
especially the significance of the Underground
Railroad, and the contributions of African Americans to
society.
(3) To have authority to--
(A) provide for restoration, preservation, and
maintenance of the collections of the Museum;
(B) solicit funds for the Museum and determine the
purposes to which those funds shall be used;
(C) approve expenditures from the endowment of the
Museum, or of income generated from the endowment, for
any purpose of the Museum; and
(D) consult with, advise, and support the Director
in the operation of the Museum.
(4) To establish programs in cooperation with other
minority museums, historical societies, educational
institutions, cultural and other organizations for the
education and promotion of understanding regarding minority
life, art, history, and culture.
(5) To support the efforts of other minority museums and
cultural and other organizations to educate and promote
understanding regarding minority life, art, history, and
culture, including--
(A) development of cooperative programs and
exhibitions;
(B) identification, management, and care of
collections;
(C) participation in the training of museum
archives and historic preservation professionals; and
(D) creating opportunities for--
(i) research fellowships; and
(ii) professional and student internships.
(6) To adopt bylaws to carry out the functions of the Board
of Governors.
(7) To report annually to Congress and the Ohio legislature
on the acquisition, disposition, and display of minority
American objects and artifacts and on other appropriate
matters.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital.--There is authorized to be appropriated to the
Director for construction, equipment, and exhibit installation pursuant
to section 4(1) (1) $2,000,000 for fiscal year 1996 for planning and
design; and (2) $10,000,000 for each of the fiscal years 1997 and 1998
for construction, equipment and exhibit installation.
(b) Operations.--There is authorized to be appropriated to the
Director (1) $1,000,000 for operation and maintenance pursuant to
section 4(2); and (2) $25,000 annually for the Board of Governors
pursuant to section 6(b)(5).
(c) Minority Museum Professional Studies.--There is authorized to
be appropriated to the Secretary such sums as may be necessary to carry
out section 5. | National Training Center for Minority Museum, Archives, and Historic Preservation Professionals Act - Requires the Director of the National Park Service: (1) to construct, jointly with the State of Ohio, a National Training Center at the National Afro-American Museum and Cultural Center to prepare professionals for our Nation's museums, archives, and historic preservation offices; and (2) through the Board of Governors of the Museum (established by this Act), to provide for the operation and maintenance of, and technical assistance to, the Museum.
Requires the Secretary of Education, acting through the Board, to: (1) contract with a consortium of institutions of higher education to implement a graduate degree program to train minorities in museum, archives, and historic preservation studies at the Museum; (2) offer annual seminars in museum, archival, and historic preservation practices and periodic workshops, in conjunction with the African American Museums Association and other professional organizations, to serve the needs of minority museums professionals; and (3) provide scholarships and loans for students and professionals in such studies.
Authorizes the Secretary and the Director to establish jointly with Ohio a Board of Governors of the Museum which meets specified requirements and has the authority to carry out the duties, responsibilities, and authorities set forth in this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Training Center for Minority Museum, Archives and Historic Preservation Professionals Act"} | 2,452 | 270 | 0.656016 | 2.104785 | 0.844015 | 6.78125 | 9.136719 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Aviation Facilities Ensure
Aircraft Integrity and Reliability Act of 2008'' or the ``SAFE AIR Act
of 2008''.
SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102(a) of title 49, United States
Code.
(3) Air transportation.--The term ``air transportation''
has the meaning given that term in such section 40102(a).
(4) Aircraft.--The term ``aircraft'' has the meaning given
that term in such section 40102(a).
(5) Covered maintenance work.--The term ``covered
maintenance work'' means maintenance work that is substantial,
scheduled, or a required inspection item, as determined by the
Administrator.
(6) Part 121 air carrier.--The term ``part 121 air
carrier'' means an air carrier that holds a certificate under
part 121 of title 14, Code of Federal Regulations (or any
successor regulation).
(7) Part 145 repair station.--The term ``part 145 repair
station'' means a repair station that holds a certificate under
part 145 of title 14, Code of Federal Regulations (or any
successor regulation).
(8) United states commercial aircraft.--The term ``United
States commercial aircraft'' means an aircraft registered in
the United States and owned or leased by a commercial air
carrier.
(b) Regulation of Repair Stations for Safety.--
(1) In general.--Chapter 447 of title 49, United States
Code, is amended by adding at the end the following:
``SEC. 44730. REPAIR STATIONS.
``(a) Definitions.--In this section:
``(1) Covered maintenance work.--The term `covered
maintenance work' means maintenance work that is substantial,
scheduled, or a required inspection item, as determined by the
Administrator.
``(2) Part 121 air carrier.--The term `part 121 air
carrier' means an air carrier that holds a certificate under
part 121 of title 14, Code of Federal Regulations (or any
successor regulation).
``(3) Part 145 repair station.--The term `part 145 repair
station' means a repair station that holds a certificate under
part 145 of title 14, Code of Federal Regulations (or any
successor regulation).
``(4) United states commercial aircraft.--The term `United
States commercial aircraft' means an aircraft registered in the
United States and owned or leased by a commercial air carrier.
``(b) Requirements for Maintenance Personnel Providing Covered
Maintenance Work.--Not later than 3 years after the date of the
enactment of this section, the Administrator shall prescribe
regulations requiring all covered maintenance work on United States
commercial aircraft to be performed by maintenance personnel employed
by--
``(1) a part 145 repair station;
``(2) a part 121 air carrier; or
``(3) a person that provides contract maintenance personnel
to a part 145 repair station or a part 121 air carrier, if such
personnel--
``(A) meet the requirements of such repair station
or air carrier, as the case may be;
``(B) work under the direct supervision and control
of such repair station or air carrier, as the case may
be; and
``(C) carry out their work in accordance with the
quality control manuals of such repair station or the
maintenance manual of such air carrier, as the case may
be.
``(c) Certification of Inspection of Foreign Repair Stations.--Not
later than 2 years after the date of the enactment of this section, and
annually thereafter, the Administrator shall certify to Congress that--
``(1) each certified foreign repair station that performs
maintenance work on an aircraft or a component of an aircraft
for a part 121 air carrier has been inspected not fewer than 2
times in the preceding calendar year by an aviation safety
inspector of the Federal Aviation Administration; and
``(2) not fewer than 1 of the inspections required by
paragraph (1) for each certified foreign repair station was
carried out at such repair station without any advance notice
to such foreign repair station.
``(d) Drug and Alcohol Testing of Foreign Repair Station
Personnel.--Not later than 1 year after the date of the enactment of
this section, the Administrator shall modify the certification
requirements under part 145 of title 14, Code of Federal Regulations,
to include testing for the use of alcohol or a controlled substance in
accordance with section 45102 of this title of any individual employed
by a foreign repair station and performing a safety-sensitive function
on a United States commercial aircraft for a foreign repair station.''.
(2) Temporary program of identification and oversight of
noncertified repair facilities.--
(A) Develop plan.--Not later than 180 days after
the date of the enactment of this Act, the
Administrator shall develop a plan for a program--
(i) to require each part 121 air carrier to
identify and submit to the Administrator a
complete list of all noncertificated
maintenance providers that perform covered
maintenance work on United States commercial
aircraft used by such part 121 air carriers to
provide air transportation;
(ii) to validate lists described in clause
(i) that are submitted by a part 121 air
carrier to the Administrator by sampling the
records of part 121 air carriers, such as
maintenance activity reports and general vendor
listings; and
(iii) to carry out surveillance and
oversight by field inspectors of the Federal
Aviation Administration of all noncertificated
maintenance providers that perform covered
maintenance work on United States commercial
aircraft for part 121 air carriers.
(B) Report on plan for program.--Not later than 180
days after the date of the enactment of this Act, the
Administrator shall submit to Congress a report that
contains the plan required by subparagraph (A).
(C) Implementation of planned program.--Not later
than 1 year after the date of the enactment of this Act
and until regulations are prescribed under section
44730(b) of title 49, United States Code, as added by
paragraph (1), the Administrator shall carry out the
plan required by subparagraph (A).
(D) Annual report on implementation.--Not later
than 180 days after the commencement of the plan under
subparagraph (C) and each year thereafter until the
regulations described in such subparagraph are
prescribed, the Administrator shall submit to Congress
a report on the implementation of the plan carried out
under such subparagraph.
(3) Clerical amendment.--The analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end
the following:
``44730. Repairs stations.''.
(c) Regulation of Foreign Repair Stations for Security.--Section
44924 of title 49, United States Code, is amended by adding at the end
the following:
``(h) Compliance of Foreign Repair Stations With Security
Regulations.--
``(1) Prohibition on certification of foreign repair
stations that do not comply with security regulations.--The
Administrator may not certify or recertify a foreign repair
station under part 145 of title 14, Code of Federal
Regulations, unless such foreign repair station is in
compliance with all applicable final security regulations
prescribed under subsection (f).
``(2) Notification to air carriers of noncompliance by
foreign repair stations.--If the Under Secretary for Border and
Transportation Security of the Department of Homeland Security
is aware that a foreign repair station is not in compliance
with a security regulation or that a security issue or
vulnerability has been identified with respect to such foreign
repair station in a security review or audit required under
subsection (a) or any regulation prescribed under subsection
(f), the Under Secretary shall provide notice to each air
carrier that holds a certificate under part 121 of title 14,
Code of Federal Regulations, of such noncompliance or security
issue or vulnerability.''.
(d) Update of Foreign Repair Fee Schedule.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall revise the
methodology for computation of fees for certification services
performed outside the United States under part 187 of title 14,
Code of Federal Regulations, to cover fully the costs to the
Federal Aviation Administration of such certification services,
including--
(A) the costs of all related inspection services;
(B) all travel expenses, salary, and employment
benefits of inspectors who provide such services; and
(C) any increased costs to the Administration
resulting from requirements of this section.
(2) Updates.--The Administrator shall periodically revise
such methodology to account for subsequent changes in such
costs to the Administration.
(e) Annual Report by Inspector General.--Not later than 1 year
after the date of the enactment of this Act and annually thereafter,
the Inspector General of the Department of Transportation shall submit
to Congress a report on the implementation of--
(1) section 44730 of title 49, United States Code, as added
by subsection (b)(1) of this section;
(2) subsection (b)(2) of this section;
(3) subsection (h) of section 44924 of such title, as added
by subsection (c) of this section;
(4) subsection (d) of this section; and
(5) the regulations prescribed or amended under the
provisions described in this subsection. | Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008 or the SAFE AIR Act of 2008 - Requires the Administrator of the Federal Aviation Administration (FAA) to: (1) prescribe regulations requiring maintenance work on passenger aircraft to be performed by certain authorized individuals; (2) certify to Congress that the FAA has inspected each foreign repair station that has performed work on U.S. air carrier aircraft or components at least twice in the preceding year and tested persons who perform safety-sensitive functions at such stations for use of alcohol or controlled substances; and (3) develop a plan to identify all noncertified maintenance providers that have performed maintenance work on such aircraft.
Prohibits the Administrator from certifying a foreign repair station unless it complies with certain final security regulations. | {"src": "billsum_train", "title": "A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes."} | 2,108 | 171 | 0.557461 | 1.430504 | 0.722253 | 2.427586 | 13.531034 | 0.855172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payday Borrower Protection Act of
1999''.
SEC. 2. PAYDAY LOANS PROHIBITED UNLESS AUTHORIZED PURSUANT TO STATE LAW
THAT LICENSES AND REGULATES PAYDAY LENDERS.
(a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C.
1638) is amended by adding at the end the following new subsection:
``(e) Deferred Deposit Loans.--
``(1) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Check.--The term `check' means any negotiable
demand draft drawn on or payable through an office of a
depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act) located in the
United States.
``(B) Deferred deposit loan.--The term `deferred
deposit loan' means a transaction in which credit is
extended by a payday lender, for a specified period of
time, upon receipt by the lender of--
(i) a check made by the borrower for the
amount of the credit extended, the presentment
or negotiation of which, by mutual agreement of
the lender and borrower, will be deferred for
such specified period; or
(ii) authorization from the borrower for
the payday lender to initiate an electronic
fund transfer at the end of the specified
period from the account of the borrower for the
amount of the credit extended.
``(C) Payday lender.--The term `payday lender'
means any person who extends credit to any other person
through a deferred deposit loan.
``(2) Payday loans prohibited unless authorized under state
laws that license and regulate such lending.--No person may
engage in the business of making deferred deposit loans in any
State unless--
``(A) expressly authorized to do so under a law of
such State that the Board determines at least meets, if
not exceeds, all the requirements described in section
4(b) of the Payday Borrower Protection Act of 1999 with
respect to deferred deposit loans; and
``(B) such person maintains policies and procedures
designed to prevent such person from violating any
requirement of this title with regard to such loans or
with regard to applications, solicitations, or
advertisements relating to such loans.
``(3) Situs of loan.--For purposes of paragraph (2), a
deferred deposit loan shall be considered to be made in the
State in which the borrower receives the proceeds of the loan.
(b) Effective Date.--The amendment made by subsection (a) shall
apply after the end of the 10-day period beginning on the date of the
enactment of this Act.
SEC. 3. REGULATION OF INVOLVEMENT OF DEPOSITORY INSTITUTIONS IN PAYDAY
LENDING.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new section:
``(t) Payday Loans.--
``(1) Loans to noncompliant payday lenders prohibited.--An
insured depository institution may not--
``(A) make any deferred deposit loan, either
directly or through any agent, unless--
``(i) such loan is in full compliance with
the law of the State in which such loan is
made; and
``(ii) the annual percentage rate (as
determined in accordance with section 107 of
the Truth in Lending Act) applicable with
respect to such loan is less than 36 percent;
or
``(B) make any loan to any payday lender for
purposes of financing deferred deposit loans unless the
depository institution ascertains that such lender is
in full compliance with the Truth in Lending Act, the
Electronic Fund Transfer Act, and the law of the State
in which any borrower from such payday lender will
receive the proceeds of any such deferred deposit loan.
``(2) Compliance with state law.--For purposes of
determining compliance with this subsection, the Truth in
Lending Act, the Electronic Fund Transfer Act, and the law of
any State with regard to any deferred deposit loan made by any
insured depository institution or payday lender.
``(3) Situs of loan.--For purposes of this subsection, a
deferred deposit loan shall be considered to be made in the
State in which the borrower receives the proceeds of the
loan.''.
SEC. 4. STATE LICENSING AND REGULATION OF PAYDAY LOANS.
(a) In General.--For purposes of protecting the payment system and
protecting the consumers of payday loans from fraud, abuse, unfair
practices, usurious rates of interest, and exorbitant fees, it is the
sense of the Congress that the deferred deposit loans should only be
lawful in States in which laws and regulations are in effect that meet
the requirements described in subsection (b), as determined by the
Board of Governors of the Federal Reserve System.
(b) Minimum Requirements for Deferred Deposit Loans.--The law of
any State meets the requirements of this subsection if a statute in
effect in such State includes the following:
(1) Licensing requirements.--
(A) In general.--Subject to subparagraphs (B) and
(C), a requirement that any payday lender, other than a
depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act), be licensed
and regulated by an appropriate State agency in order
to conduct any business within such State or make any
deferred deposit loan within the State (as determined
in accordance with paragraph (12)).
(B) Depository institutions.--A requirement that
any depository institution which makes deferred deposit
loans in such State (as determined in accordance with
paragraph (12)) shall be subject to such statute and
regulated by an appropriate State agency with respect
to such lending activity.
(C) Exception.--A retail establishment which
occasionally cashes checks of customers or advances
credit in the form of merchandise may be exempted from
the licensing requirement described in subparagraph (A)
if such activity is merely incidental to the retail
business of such establishment.
(2) Licensing standards.--A requirement that--
(A) in order for any person to be licensed in the
State as a payday lender, the appropriate State agency
shall review and approve--
(i) the business record and the capital
adequacy of the business seeking the license;
and
(ii) the competence, experience, character,
integrity, and financial responsibility of each
individual who--
(I) is a director, officer, or
supervisory employee of such business;
or
(II) owns or controls, directly or
indirectly, such business (including
any person who directly or indirectly
controls more than 5 percent of the
shares or assets of the business;
(B) any record, on the part of any business seeking
the license or any person referred to in subparagraph
(A)(ii), of--
(i) any criminal activity;
(ii) any fraud or other act of personal
dishonesty;
(iii) any act, omission, or practice which
constitutes a breach of a fiduciary duty; or
(iv) any suspension or removal, by any
agency or department of the United States or
any State, from participation in the conduct of
any federally or State licensed or regulated
business,
be grounds for the denial of any such license by the
appropriate State agency;
(C) the applicant establish to the satisfaction of
the appropriate State agency that the operation of the
business at each authorized location is in the public
interest, taking into account the probable effect of
such operation in promoting the convenience of, and
meeting the credit needs of, the community in which
such business is conducted; and
(D) the applicant and licensed payday lender meet
such surety bond requirements and minimum asset
requirements as may be established and maintained by
the appropriate State agency.
(3) Public hearings.--A requirement that any application
for a payday lender license be the subject of a public hearing
before any final determination is made with regard to such
application by the appropriate State agency.
(4) Administrative action.--Authority for the appropriate
State agency to issue regulations to carry out the purposes of
such statute, investigate and enforce compliance with the
statute and such regulations, handle complaints, suspend or
revoke licenses issued to payday lenders and impose civil money
penalties for violations of such statute or regulations, and
make public the results of any such investigations or
enforcement actions and the records of any complaints.
(5) Reports and records.--A requirement that licensed
payday lenders--
(A) maintain such records as the appropriate State
agency determines are necessary to enforce compliance
with the statute; and
(B) submit annual reports to the appropriate State
agency containing such information as the agency
determines to be appropriate to allow the agency to
enforce compliance with the statute and regulations
prescribed by the agency under the statute, including a
copy of all loan documents used by the payday lender in
connection with deferred deposit loans and a fee
schedule.
(6) Prohibitions.--A prohibition on--
(A) the initiation of any criminal complaint, or
use of any threat of initiating a criminal complaint,
in connection with the failure of any borrower to repay
any deferred deposit loan in accordance with the terms
of the loan, including, with respect to any check which
formed the basis for a deferred deposit loan, any
complaint relating to the making of a check drawn on
insufficient funds;
(B) any practice which is prohibited under section
808 of the Fair Debt Collection Practices Act for a
debt collector (as defined in such Act);
(C) extending credit under any loan agreement which
includes any terms which are unconscionable or against
the public interest;
(D) engaging in any unfair or deceptive practice;
(E) accepting the repayment of any deferred deposit
loan if the payday lender knows or has any reason to
believe that the funds proferred by the borrower were
acquired from the proceeds of another deferred deposit
loan;
(F) refinancing or rolling over any deferred
deposit loan for any period which ends after the date
the principal of the original deferred deposit loan was
due to be repaid in full; and
(G) imposing any additional fee or any premium for
any credit insurance offered in conjunction with any
deferred deposit loan.
(7) Requirements relating to terms and conditions.--A
requirement that--
(A) the period to maturity of any deferred deposit
loan may not be less than 2 weeks for each $50 of loan
principal;
(B) the principal amount of any deferred deposit
loan may not exceed $300;
(C) any check which forms the basis of a deferred
deposit loan be stamped on the back with an endorsement
that the check has been received and is being
negotiated in connection with a deferred deposit loan
and any subsequent holder of the check takes it subject
to all claims and defenses of the maker;
(D) the annual percentage rate applicable to any
deferred deposit loan may not exceed the lesser of--
(i) 36 percent; or
(ii) the maximum annual percentage rate
allowable in such State for comparable small
loans;
(E) the amount of any administrative fee imposed in
connection with making a deferred deposit loan may not
exceed $5;
(F) any unearned interest on deferred deposit loans
which are paid before the due date shall be repaid to
the borrower on an actuarial basis; and
(G) the amount of any fee imposed for any check
made or any electronic fund transfer authorized by a
borrower in connection with any deferred deposit loan
which is returned unpaid to the payday lender due to
insufficient funds in an account of such borrower may
not exceed the lesser of--
(i) $15; or
(ii) the charge imposed by the financial
institution returning the check to the payday
lender for handling such check.
(8) Disclosures.--A requirement that the following
information be disclosed in writing to a borrower in connection
with any deferred deposit loan and posted in a prominent place
at any location where deferred deposit loans are made or
extended:
(A) A complete description of the terms of the
loan.
(B) A complete description of the rights of the
borrower under the laws of the State, the Truth in
Lending Act, the Fair Debt Collection Practices Act,
the Electronic Fund Transfer Act, and any other
provision of law the appropriate State agency
determines to be applicable to such loan.
(C) A clear and conspicuous statement that the
borrower may not be subject to any criminal action or
any threat of criminal action for making a check or
authorizing an electronic fund transfer which forms the
basis for such loan and is drawn on an account with
insufficient funds.
(9) Civil enforcement.--Provision for civil remedies for
violations of the statute with a minimum civil money penalty of
$1,000 for each day of any violation of the statute by any
payday lender, including private rights of action for any
actual, consequential, or liquidated damages suffered by any
borrower, or a class of borrowers, in connection with any such
violation.
(10) Criminal penalties for operation of business without a
license.--A criminal penalty for anyone, other than a
depository institution, making any payday loan within the State
after the effective date of such State statute without a
license issued by the State.
(11) Criminal penalties for other violations of the
statute.--A provision that any person who knowingly violates
any provision of the statute, or any regulation prescribed
under the statute, shall be subject to a fine of $1,000,
imprisonment for not to exceed 6 months, or both.
(12) Situs of loan.--A deferred deposit loan is considered
to be made in the State in which the borrower will receive the
proceeds of the loan.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Depository institution.--The term ``depository
institution'' has the meaning given to such term in section
19(b)(1)(A) of the Federal Reserve Act.
(2) Other terms.--The terms ``deferred deposit loan'',
``payday lender'', and ``check'' have the meanings given to
such terms in section 128(e)(1) of the Truth in Lending Act. | Payday Borrower Protection Act of 1999 - Amends the Truth in Lending Act and the Federal Deposit Insurance Act to require persons under their jurisdiction engaged in the business of making payday loans to operate under State licensing and regulatory procedures which meet the criteria imposed by this Act for such transactions.
Expresses the sense of Congress that deferred deposit loans should only be lawful in States in which laws and regulations are in effect that meet the requirements of this Act, as determined by the Board of Governors of the Federal Reserve System.
Enumerates State licensing criteria, including the provision of civil and criminal penalties for violations. | {"src": "billsum_train", "title": "Payday Borrower Protection Act of 1999"} | 3,190 | 131 | 0.58465 | 1.689738 | 0.552713 | 4.330435 | 25.373913 | 0.886957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timber Fair Trade and Forest
Conservation Act of 1994''.
SEC. 2. EXPORT CONTROLS ON UNPROCESSED TIMBER.
Section 7 of the Export Administration Act of 1979 (50 U.S.C. App.
2406) is amended by adding at the end the following:
``(1) Unprocessed Timber.--
``(1) Monitoring.--The Secretary shall monitor--
``(A) exports of, and contracts to export,
unprocessed timber, and
``(B) domestic supplies of such unprocessed timber
for domestic manufacturing purposes, for the purpose of
determining whether a critical shortage of unprocessed
timber, or of any species or grade of unprocessed
timber, exists for domestic manufacturing purposes.
``(2) Export restrictions.--If the Secretary finds that a
critical shortage of unprocessed timber for domestic
manufacturing purposes exists in any State or region, then the
Secretary shall impose restrictions on the export of such
unprocessed timber sufficient to ensure that there is an
adequate supply of such unprocessed timber to meet domestic
manufacturing needs in that State or region. The Secretary may
remove such restrictions upon reporting to Congress, under
paragraph (3)(A), that such restrictions are no longer required
under this subsection.
``(3) Reports to congress.--(A) The Secretary shall submit
to Congress, not later than 30 days after the end of each
calendar quarter, a report on the results of the monitoring
conducted under paragraph (1), the Secretary's determination of
whether a critical shortage of unprocessed timber for domestic
manufacturing purposes exists in any State or region, and any
export restrictions imposed as a result of such determination.
``(B) Each report under subparagraph (A) shall--
``(i) specify the quantity of exports, by port, of
unprocessed timber during the period covered by the
report, and the quantity of unprocessed timber to be
exported under contracts to export entered into during
such period;
``(ii) estimate, as of the date of the report, the
domestic supplies, by State, of unprocessed timber
available for domestic manufacturing purposes;
``(iii) specify whether such unprocessed timber
originated from Federal lands, State lands, or private
lands;
``(iv) determine whether such supplies of
unprocessed timber were sufficient to meet the needs of
domestic manufacturers;
``(v) include a formal finding as to whether a
critical shortage of unprocessed timber for domestic
manufacturing purposes exists in any State or region;
and
``(vi) if such a shortage or shortages exist,
specify the export restrictions deemed necessary to
satisfy domestic needs.
``(4) Small woodlands.--Whenever the Secretary imposes
export restrictions under this subsection, the Secretary shall
give preference in the allocation of any available export
licenses to persons who own or have ownership interests in
fewer than 3,000 acres of forest land and are exporting timber
from that ownership, or persons who can demonstrate in a manner
to be prescribed by the Secretary that the timber to be
exported under such licenses originates from such ownerships.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `unprocessed timber' has the meaning
given that term in section 493(7) of the Forest
Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620e(7));
``(B) the term `private lands' means lands held or
owned by a person, except that such term does not
include Federal lands or State lands, or any lands the
title to which is--
``(i) held in trust by the United States
for the benefit of any Indian tribe or
individual,
``(ii) held by any Indian tribe or
individual subject to a restriction by the
United States against alienation, or
``(iii) held by any Native Corporation as
defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602);
``(C) the term `Federal lands' means lands that are
owned by the United States, but does not include any
lands described in clause (i), (ii), or (iii) of
subparagraph (B);
``(D) the term `State lands' means lands that are
held or owned by a State or political subdivision
thereof, but does not include any lands described in
clause (i), (ii), or (iii) of subparagraph (B);
``(E)(i) a `critical shortage of unprocessed timber
for domestic manufacturing purposes' includes any
period in which the volume of exports of such
unprocessed timber in relation to supplies for domestic
manufacturing purposes is contributing to a significant
inflationary increase in domestic wood products prices
or a shortage of such unprocessed timber for domestic
manufacturing purposes, and such price increase or
shortage has, or may have, a serious impact on the
economy or any sector thereof;
``(ii) for purposes of clause (i), a `serious
impact on the economy or any sector thereof' may
include a situation in which domestic lumber, paper or
wood products mills are terminating or curtailing
operations due to a shortage of unprocessed timber;
``(F) the term `person' means any individual,
partnership, corporation, association, or other legal
entity and includes any subsidiary, subcontractor, or
parent company, and business affiliates where 1
affiliate controls or has the power to control the
other or when both are controlled directly or
indirectly by a third person; and
``(G) the term `forest land' means land that is at
least 10 percent stocked by live trees or land formerly
having such tree cover and not currently developed for
nonforest use.
``(6) Relationship to other provisions.--Unprocessed timber
shall not be considered to be an agricultural commodity for the
purposes of subsection (g) of this section.
``(7) Inapplicability of termination provision.--The
provisions of section 20 do not apply to this subsection, or to
any authority under this Act that is necessary to carry out
this subsection.
``(8) Presidential authority.--The President is authorized,
after suitable notice and a public comment period of not less
than 90 days, to suspend any export restrictions imposed under
paragraph (2) if a ruling is issued under the formal dispute
resolution procedures of the General Agreement on Tariffs and
Trade finding that such restrictions violate Article XI
prohibitions on export restrictions and are not allowable under
the exceptions to Article XI.''.
SEC. 3. IMPOSITION OF EXPORT CONTROLS ON CERTAIN STATES.
(a) Finding.--The Congress finds that a critical shortage of
unprocessed timber for domestic manufacturing purposes exists, within
the meaning of section 7(1) of the Export Administration Act of 1979,
in the States of Washington, Oregon, California, Idaho and Montana.
(b) Export Controls.--The Secretary of Commerce shall, upon the
enactment of this Act, impose quantitative restrictions under section
7(1) of the Export Administration Act of 1979, on exports of
unprocessed timber from each State referred to in subsection (a). | Timber Fair Trade and Forest Conservation Act of 1994- Amends the Export Administration Act of 1979 to require the Secretary of Commerce (Secretary), in order to determine whether a critical shortage exists of unprocessed timber, or of any species or grade of unprocessed timber, for domestic manufacturing, to monitor: (1) exports of, and contracts to export, unprocessed timber; and (2) domestic supplies of such unprocessed timber for domestic manufacturing purposes.
Requires the Secretary to impose quantitative restrictions on the export of unprocessed timber in any State or region where a critical shortage exists.
Requires the Secretary to submit to the Congress specified quarterly reports.
Requires the Secretary, whenever such export restrictions are imposed, to give preference in the allocation of export licenses to persons who own or have ownership interests in fewer than 3,000 acres of forest land.
Authorizes the President to suspend such export restrictions if a ruling is issued under the formal dispute resolution procedures of the General Agreement on Tariffs and Trade (GATT) finding that they violate GATT Article XI prohibitions on export restrictions and are not allowable under such Article's exceptions.
Directs the Secretary to impose quantitative restrictions on exports of unprocessed timber from Washington, Oregon, California, Idaho, and Montana. | {"src": "billsum_train", "title": "Timber Fair Trade and Forest Conservation Act of 1994"} | 1,613 | 287 | 0.679949 | 1.986949 | 0.894447 | 4.251046 | 6.167364 | 0.92887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Noise Curfew Act of 2004''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Airport
Noise Curfew Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall study and make recommendations to Congress
regarding the establishment of curfews on nonmilitary aircraft
operations over populated areas of the United States during normal
sleeping hours.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members as follows:
(1) 4 members appointed by the Speaker of the House of
Representatives.
(2) 3 members appointed by the President pro tempore of the
Senate.
(3) The Administrator of the Environmental Protection
Agency (or the Administrator's designee).
(4) The Administrator of the Federal Aviation
Administration (or the Administrator's designee).
(b) Qualifications.--One of the members appointed under each of
subsections (a)(1) and (a)(2) shall be a representative of the aviation
industry. The other members appointed under such subsections shall be
private citizens not involved in the aviation industry.
(c) Chairperson.--The Chairperson of the Commission shall be
elected by the members from among the members appointed under
subsections (a)(1) and (a)(2) who are private citizens not involved in
the aviation industry.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Basic Pay.--
(1) Rates of pay.--To the extent or in the amounts provided
in advance in appropriation Acts and except as provided in
paragraph (2), members of the Commission shall each be entitled
to receive the daily equivalent of the annual rate of basic pay
in effect for grade GS-18 of the General Schedule for each day
(including travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of such personnel as the
Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(c) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Chairperson may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b) of
title 5, United States Code, but at rates for individuals not to exceed
the daily equivalent of the annual rate of basic pay in effect for
grade GS-18 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its duties and functions under this Act, hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence, as the Commission considers appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any Federal department or agency information necessary to enable
it to carry out its duties and functions. Upon request of the
Chairperson of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal departments
and agencies.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Subpoena Power.--The Commission may issue subpoenas requiring
the attendance and testimony of witnesses and the production of any
evidence relating to any matter which the Commission is empowered to
investigate by this Act. The attendance of witnesses and the production
of evidence may be required from any place within the United States at
any designated place of hearing within the United States.
SEC. 7. REPORT.
Not later than 6 months after the date of enactment of this Act,
the Commission shall transmit to Congress a report on its findings and
recommendations.
SEC. 8. TERMINATION.
The Commission shall terminate on the date of transmission of its
report under section 7. | Airport Noise Curfew Act of 2004 - Establishes the Airport Noise Curfew Commission to study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours. | {"src": "billsum_train", "title": "To establish the Airport Noise Curfew Commission."} | 1,249 | 59 | 0.561078 | 1.453963 | 1.108284 | 6.341463 | 27.512195 | 0.97561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Blue Alert Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Coordinator'' means the Blue Alert
Coordinator of the Department of Justice designated under
section 4(a);
(2) the term ``Blue Alert'' means information relating to
the serious injury or death of a law enforcement officer in the
line of duty sent through the network;
(3) the term ``Blue Alert plan'' means the plan of a State,
unit of local government, or Federal agency participating in
the network for the dissemination of information received as a
Blue Alert;
(4) the term ``network'' means the Blue Alert
communications network established by the Attorney General
under section 3; and
(5) term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 3. BLUE ALERT COMMUNICATIONS NETWORK.
The Attorney General shall establish a national Blue Alert
communications network within the Department of Justice to issue Blue
Alerts through the initiation, facilitation, and promotion of Blue
Alert plans, in coordination with States, units of local government,
law enforcement agencies, and other appropriate entities.
SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an officer of the Department of Justice to act as
the national coordinator of the Blue Alert communications network.
(b) Duties of the Coordinator.--The Coordinator shall--
(1) encourage States and units of local government to
develop additional Blue Alert plans;
(2) establish voluntary guidelines for States and units of
local government to use in developing Blue Alert plans that
will promote compatible and integrated Blue Alert plans
throughout the United States, including--
(A) a list of the resources necessary to establish
a Blue Alert plan;
(B) criteria for evaluating whether a situation
warrants issuing a Blue Alert;
(C) guidelines to protect the privacy, dignity,
independence, and autonomy of any law enforcement
officer who may be the subject of a Blue Alert and the
family of the law enforcement officer;
(D) guidelines that a Blue Alert should only be
issued with respect to a law enforcement officer if--
(i) the law enforcement agency involved--
(I) confirms--
(aa) the death or serious
injury of the law enforcement
officer; or
(bb) the attack on the law
enforcement officer and that
there is an indication of the
death or serious injury of the
officer; or
(II) concludes that the law
enforcement officer is missing in the
line of duty;
(ii) there is an indication of serious
injury to or death of the law enforcement
officer;
(iii) the suspect involved has not been
apprehended; and
(iv) there is sufficient descriptive
information of the suspect involved and any
relevant vehicle and tag numbers;
(E) guidelines--
(i) that information relating to a law
enforcement officer who is seriously injured or
killed in the line of duty should be provided
to the National Crime Information Center
database operated by the Federal Bureau of
Investigation under section 534 of title 28,
United States Code, and any relevant crime
information repository of the State involved;
(ii) that a Blue Alert should, to the
maximum extent practicable (as determined by
the Coordinator in consultation with law
enforcement agencies of States and units of
local governments), be limited to the
geographic areas most likely to facilitate the
apprehension of the suspect involved or which
the suspect could reasonably reach, which
should not be limited to State lines;
(iii) for law enforcement agencies of
States or units of local government to develop
plans to communicate information to neighboring
States to provide for seamless communication of
a Blue Alert; and
(iv) providing that a Blue Alert should be
suspended when the suspect involved is
apprehended or when the law enforcement agency
involved determines that the Blue Alert is no
longer effective; and
(F) guidelines for--
(i) the issuance of Blue Alerts through the
network; and
(ii) the extent of the dissemination of
alerts issued through the network;
(3) develop protocols for efforts to apprehend suspects
that address activities during the period beginning at the time
of the initial notification of a law enforcement agency that a
suspect has not been apprehended and ending at the time of
apprehension of a suspect or when the law enforcement agency
involved determines that the Blue Alert is no longer effective,
including protocols regulating--
(A) the use of public safety communications;
(B) command center operations; and
(C) incident review, evaluation, debriefing, and
public information procedures;
(4) work with States to ensure appropriate regional
coordination of various elements of the network;
(5) establish an advisory group to assist States, units of
local government, law enforcement agencies, and other entities
involved in the network with initiating, facilitating, and
promoting Blue Alert plans, which shall include--
(A) to the maximum extent practicable,
representation from the various geographic regions of
the United States; and
(B) members who are--
(i) representatives of law enforcement
organizations, law enforcement agencies, and
public safety communications;
(ii) broadcasters, first responders,
dispatchers, and radio station personnel; and
(iii) representatives of any other
individuals or organizations that the
Coordinator determines are necessary to the
success of the network; and
(6) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of Blue Alerts through
the network.
(c) Limitations.--
(1) Voluntary participation.--The guidelines established
under subsection (b)(2), protocols developed under subsection
(b)(3), and other programs established under subsection (b),
shall not be mandatory.
(2) Dissemination of information.--The guidelines
established under subsection (b)(2) shall, to the maximum
extent practicable (as determined by the Coordinator in
consultation with law enforcement agencies of States and units
of local government), provide that appropriate information
relating to a Blue Alert is disseminated to the appropriate
officials of law enforcement agencies, public health agencies,
and other agencies.
(3) Privacy and civil liberties protections.--The
guidelines established under subsection (b) shall--
(A) provide mechanisms that ensure that Blue Alerts
comply with all applicable Federal, State, and local
privacy laws and regulations; and
(B) include standards that specifically provide for
the protection of the civil liberties, including the
privacy, of law enforcement officers who are seriously
injured or killed in the line of duty and the families
of the officers.
(d) Cooperation With Other Agencies.--The Coordinator shall
cooperate with the Secretary of Homeland Security, the Secretary of
Transportation, the Chairman of the Federal Communications Commission,
and appropriate offices of the Department of Justice in carrying out
activities under this Act.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Coordinator shall submit to
Congress a report on the activities of the Coordinator and the
effectiveness and status of the Blue Alert plans that are in effect or
being developed.
SEC. 5. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS.
Section 1701(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) to assist a State in the development or enhancement
of programs and activities in support of a Blue Alert plan and
the network (as those terms are defined in section 2 of the
National Blue Alert Act of 2010), including--
``(A) developing and implementing education and
training programs, and associated materials, relating
to Blue Alert plans;
``(B) developing and implementing law enforcement
programs, and associated equipment, relating to Blue
Alert plans; and
``(C) developing and implementing new technologies
to improve the communication of Blue Alerts; and''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended by adding at the end the following:
``(C)(i) Of amounts authorized to be appropriated to carry out part
Q in any fiscal year, $10,000,000 is authorized to be appropriated for
grants for the purposes described in section 1701(b)(17).
``(ii) Amounts appropriated pursuant to clause (i) shall remain
available until expended.''. | National Blue Alert Act of 2010 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty; and (2) assign a DOJ officer to act as the national coordinator of the Blue Alert communications network. Sets forth the duties of the national coordinator, including encouraging states and local governments to develop additional Blue Alert plans, establishing voluntary guidelines for states and local governments to use in developing such plans, developing protocols for efforts to apprehend suspects, and establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans.
Amends the Omnibus Crime Control and Safe Streets Act to require the use of public safety and community policing grants to assist states in developing and enhancing a Blue Alert plan and communications network. | {"src": "billsum_train", "title": "A bill to encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty."} | 1,927 | 208 | 0.676578 | 1.844094 | 1.132699 | 4.153846 | 10.263736 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Flight Commemorative Coin Act
of 1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $10 gold coins.--Not more than 100,000 $10 coins, each
of which shall--
(A) weigh 16.718 grams;
(B) have a diameter of 1.06 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins each of which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain gold and silver for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law, including authority relating to the use of silver
stockpiles established under the Strategic and Critical Materials
Stockpiling Act, as applicable.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the first flight of Orville and
Wilbur Wright in Kitty Hawk, North Carolina, on December 17,
1903.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2003''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Board of Directors of the First Flight Foundation and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. PERIOD FOR ISSUANCE OF COINS.
(a) In General.--Except as provided in subsection (b), the
Secretary may issue coins minted under this Act only during the period
beginning on August 1, 2003, and ending on July 31, 2004.
(b) Exception.--If the Secretary determines that there is
sufficient public demand for the coins minted under section 2(a)(3),
the Secretary may extend the period of issuance under subsection (a)
for a period of 5 years with respect to those coins.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $35 per coin for the $10 coin;
(2) $10 per coin for the $1 coin; and
(3) $1 per coin for the half dollar coin.
(e) Marketing Expenses.--The Secretary shall ensure that--
(1) a plan is established for marketing the coins minted
under this Act; and
(2) adequate funds are made available to cover the costs of
carrying out that marketing plan.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the First Flight Foundation for the purposes of--
(1) repairing, refurbishing, and maintaining the Wright
Brothers Monument on the Outer Banks of North Carolina; and
(2) expanding (or, if necessary, replacing) and maintaining
the visitor center and other facilities at the Wright Brothers
National Memorial Park on the Outer Banks of North Carolina,
including providing educational programs and exhibits for
visitors.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the First Flight Foundation as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that minting and issuing coins under this Act will not result in any
net cost to the United States Government.
SEC. 10. WAIVER OF COIN PROGRAM RESTRICTIONS.
The provisions of subparagraph (F) of section 5134 of title 31,
United States Code, do not apply to the coins minted and issued under
this Act, since the surcharge proceeds of this Act will be used for
building, repairing, and other endeavors in a United States National
Park. | First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903.
Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.
Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park.
Waives certain coin program restrictions. | {"src": "billsum_train", "title": "First Flight Commemorative Coin Act of 1997"} | 1,446 | 170 | 0.541372 | 1.666198 | 0.752177 | 4.21118 | 8.124224 | 0.857143 |
SECTION 1. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE RELATING
TO THE FEDERAL-STATE FINANCIAL PARTNERSHIP UNDER MEDICAID
AND SCHIP AND ON FINALIZATION OF A RULE RELATING TO THE
TREATMENT OF GRADUATE MEDICAL EDUCATION UNDER MEDICAID;
MORATORIUM ON THE FINALIZATION OF THE OUTPATIENT MEDICAID
RULE MAKING SIMILAR CHANGE.
(a) Findings.--Congress makes the following findings:
(1) A proposed rule was published on January 18, 2007, on
pages 2236 through 2248 of volume 72, Federal Register, and a
rule purporting to finalize that rule was published on May 29,
2007, on pages 29748 through 29836 of volume 72, Federal
Register (relating to parts 433, 447, and 457 of title 42, Code
of Federal Regulations). This rule would significantly change
the Federal-State financial partnership under the Medicaid and
the State Children's Health Insurance Programs by--
(A) imposing a cost limit on payments made under
such programs to governmentally operated providers;
(B) limiting the permissible sources of the non-
Federal shares required under such programs and the
types of entities permitted to contribute to such
shares; and
(C) imposing new requirements on participating
providers and States under such programs.
(2) A proposed rule was published on May 23, 2007, on pages
28930 through 28936 of volume 72, Federal Register (relating to
parts 438 and 447 of title 42, Code of Federal Regulations)
that would significantly change the scope of permissible
payments under Medicaid by removing the ability for States to
make payments related to graduate medical education.
(3) Permitting these rules to take effect would drastically
alter the Federal-State financial partnership in Medicaid and
the State Children's Health Insurance Programs, undermine the
discretion traditionally accorded States, and have a negative
impact on States, providers, and beneficiaries in the following
manner:
(A) Implementation of the rule regarding the
Federal-State financial partnership would force
billions of dollars of payment reductions, thus
hampering the ability of impacted providers to provide
essential services including allowing those providers
to be ready and available for emergency situations and
to provide care to the increasing numbers of uninsured.
(B) Implementation of the rule regarding graduate
medical education would force billions of dollars in
payment reductions to teaching hospitals, thus
hampering the ability of those providers to provide
essential services including the education of the next
generation of medical professionals despite a shortage
of medical professionals.
(4) By including a one-year moratorium in the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act of 2007, Congress intended to
forestall administrative action to allow itself time to assess
the proposals and consider alternatives that would not
negatively impact States, providers, and beneficiaries.
(5) After Congressional approval of the moratorium
contained in the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act of 2007,
the Centers for Medicare & Medicaid Services on May 25, 2007,
submitted for publication its final rule, which was not
significantly different from the January proposed regulation.
(6) The publication of a final rule in May regarding the
Federal-State financial partnership was not anticipated by
Congress and accelerates the negative impact on States,
providers, and beneficiaries, thus undermining the intent of
the moratorium passed by Congress.
(7) The publication of a proposed rule in May regarding
graduate medical education was not anticipated by Congress and
undermines the intent of the moratorium passed by Congress.
(8) A proposed rule was published on September 28, 2007, on
pages 55158 through 55166 of volume 72, Federal Register
(relating to parts 440 and 447 of title 42, Code of Federal
Regulations) that would significantly change the scope of
permissible payments under Medicaid by redefining outpatient
hospital services and dictating methodologies for calculation
of the outpatient services upper payment limit.
(9) Congress did not anticipate continued changes after the
moratorium to reduce State flexibility to make adequate
Medicaid payments.
(10) Expansion and extension of the moratorium is necessary
to effectuate Congressional intent.
(b) Extension of Prohibition.--Section 7002(a)(1) of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act of 2007 (Public Law 110-28) is amended--
(1) by striking ``1 year'' and inserting ``2 years'';
(2) by inserting ``or (D)'' after ``described in
subparagraph (A)'' in subparagraph (B);
(3) by striking ``or'' at the end of subparagraph (B);
(4) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(5) by inserting at the end the following:
``(D) finalize or otherwise implement provisions
contained in the proposed rule published on September
28, 2007, on pages 55158 through 55166 of volume 72,
Federal Register (relating to parts 440 and 447 of
title 42, Code of Federal Regulations).''. | Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 1997 to extend by one year the moratorium on: (1) implementation of a specified rule relating to the federal-state financial partnership under titles XIX (Medicaid) and XXI (State Children's Health Insurance Program (SCHIP)) of the Social Security Act; and (2) the finalization of a certain proposed rule regarding the authority of states to make payments related to graduate medical education (GME payments).
Imposes a one-year moratorium on finalization or implementation of a certain proposed rule regarding the scope of permissible Medicaid payments that redefines outpatient hospitals and specifies methodologies for calculation of the outpatient services upper payment limit. | {"src": "billsum_train", "title": "A bill to extend by one year the moratorium on implementation of a rule relating to the Federal-State financial partnership under Medicaid and the State Children's Health Insurance Program and on finalization of a rule regarding graduate medical education under Medicaid and to include a moratorium on the finalization of the outpatient Medicaid rule making similar changes."} | 1,155 | 176 | 0.482766 | 1.491161 | 0.566957 | 3.647482 | 7.460432 | 0.870504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sabine National Forest Land Exchange
Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Sabine
River Authority of Texas.
(2) Federal land.--The term ``Federal land'' means--
(A) the approximately 4,000 acres of National
Forest System land, excluding the mineral estate and
including the wilderness area, located within the
Sabine National Forest and the Toledo Bend Project
boundary in Texas, as generally depicted on the map
entitled ``Sabine National Forest Toledo Bend Project
Strip Lands''; and
(B) certain additional Federal land occupied by
Forest Service campgrounds, including all structures,
buildings, fixtures, roads, and other improvements on
the land, adjacent to the Toledo Bend Project, as
mutually agreed by the Secretary and the Authority, and
as generally depicted on the map entitled ``Sabine
National Forest Campgrounds, Toledo Bend Project''.
(3) Non-federal land.--The term ``non-Federal land'' means
the surface estate of a parcel or parcels of private land
adjacent to Sabine National Forest that is--
(A) owned or to be acquired by the Authority; and
(B) mutually agreed upon by the Authority and the
Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) Toledo bend project.--The term ``Toledo Bend Project''
means the Federal Energy Regulatory Commission project numbered
2305.
(6) Wilderness area.--The term ``wilderness area'' means
the Indian Mounds Wilderness Area, Sabine National Forest, as
designated by section 2(4) of the Texas Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-574).
(7) Wilderness candidate land.--The term ``wilderness
candidate land'' means the surface estate of land adjacent to
the wilderness area, to be mutually agreed upon by the
Authority and the Secretary, that is owned or to be acquired by
the Authority.
SEC. 3. LAND EXCHANGE, SABINE NATIONAL FOREST.
(a) In General.--In exchange for the non-Federal land, wilderness
candidate land, and any cash equalization payment authorized under
subsection (d), the Secretary shall convey to the Authority all right,
title, and interest of the United States in and to the Federal land.
(b) Existing Rights.--The conveyance of the Federal land under
subsection (a) shall be subject to valid existing rights.
(c) Implementation.--
(1) Appraisal.--
(A) Deadline.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
complete an appraisal of the surface estate of the
Federal land, non-Federal land, and wilderness
candidate land.
(B) Standards.--The appraisal under this paragraph
shall be performed in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions;
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) appraisal instructions issued by the
Secretary.
(C) Effect of restrictive covenant.--In determining
the value of the Federal land, the Secretary shall
account for the limitations on the use of the Federal
land after conveyance imposed by the restrictive
covenant required under subsection (e)(3).
(2) Survey.--The exact acreage and legal description of the
Federal land, non-Federal land, and wilderness candidate land
to be conveyed under subsection (a) shall be determined by
surveys or other means of identifying and describing the land
mutually agreed to by the Secretary and the Authority.
(3) Costs.--The costs of conducting the land exchange under
subsection (a) shall be shared equally between the Authority
and the Secretary.
(d) Cash Equalization.--
(1) Equal value exchange.--The land exchange under
subsection (a) shall be conducted on an equal value basis.
(2) Limits waived.--The values of the land to be exchanged
under subsection (a) may be equalized through the use of a cash
equalization payment in an amount in excess of the statutory
limit specified in section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(3) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this subsection shall
be--
(A) deposited into the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'')
(16 U.S.C. 484a); and
(B) available to the Secretary for expenditure,
without further appropriation and until expended, for
the acquisition of land or interests in land for
addition to the National Forest System.
(e) Title.--
(1) In general.--Title to the non-Federal land conveyed to
the Secretary under this section shall--
(A) be acceptable to the Secretary; and
(B) conform to the title approval standards of the
Attorney General applicable to land acquisitions by the
Federal Government.
(2) Reservation of mineral estate.--The deed of conveyance
that conveys the Federal land to the Authority shall reserve
any subsurface mineral estate owned by the United States in the
Federal land, including oil, gas, rock, sand, and gravel.
(3) Restrictive covenant.--
(A) In general.--In the deed of conveyance that
conveys the Federal land to the Authority, the
Secretary shall include a covenant, running with the
land, providing that the Federal land conveyed shall--
(i) be used in a manner consistent with the
management of adjacent National Forest System
land or wilderness area land;
(ii) remain unsubdivided; and
(iii) not be used for commercial,
residential, or industrial development.
(B) Effect.--The restrictive covenant described in
subparagraph (A) shall not create any property interest
of the United States.
(f) Continued Campground Operation.--The Authority may continue to
operate and maintain the Forest Service campgrounds described in
section 2(2)(B) and conveyed under subsection (a) consistent with the
authorization granted by the Federal Energy Regulatory Commission.
(g) Time for Completion.--It is the intent of Congress that the
land exchange under subsection (a) shall be completed not later than 1
year after the date of enactment of this Act.
SEC. 4. BOUNDARY ADJUSTMENT, INDIAN MOUNDS WILDERNESS AREA, SABINE
NATIONAL FOREST.
(a) Boundary Adjustment.--On completion of the land exchange under
section 3(a), the Secretary shall modify the boundaries of the
wilderness area--
(1) to exclude all wilderness area land that, before the
date of the exchange, was located within the Toledo Bend
Project, with the land excluded under this paragraph to be
removed from wilderness designation and ceasing to be part of
the wilderness area and the National Wilderness Preservation
System under the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) to include as part of the wilderness area all
wilderness candidate land acquired by the Secretary under
section 3(a), with the land included under this paragraph to be
designated as wilderness and as a component of the National
Wilderness Preservation System.
(b) Map and Legal Description.--
(1) Required.--As soon as practicable after the date of
completion of the land exchange under section 3(a), the
Secretary shall file with the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a map and legal description of
the changes made to the boundaries of the wilderness area as a
result of the land exchange.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public inspection.--The map and legal description also
shall be on file and available for public inspection in the
appropriate offices of the Forest Service. | Sabine National Forest Land Exchange Act of 2013 - Requires a land exchange between the Secretary of Agriculture (USDA) and the Sabine River Authority of Texas involving the Sabine National Forest, the Indian Mounds Wilderness Area, and the Toledo Bend Project in Texas. Requires the costs of the land exchange to be shared equally between the Authority and the Secretary, and the land exchange to be conducted on an equal value basis. | {"src": "billsum_train", "title": "Sabine National Forest Land Exchange Act of 2013"} | 1,832 | 97 | 0.566179 | 1.403554 | 0.638458 | 3.4125 | 20.35 | 0.9375 |
SECTION 1. EXPANSION OF TRANSIT OPERATING ASSISTANCE GRANT PROGRAM.
Section 5307(b) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``of less than
200,000'' and inserting ``of--
``(i) less than 200,000;
``(ii) not less than 200,000, and less than
400,000, if the State or regional authority
providing public transportation for the area
operates at least 100 buses in fixed-route
service in the area during peak service hours;
``(iii) not less than 400,000, and less
than 600,000, if the State or regional
authority providing public transportation for
the area operates at least 100 buses in fixed-
route service in the area during peak service
hours;
``(iv) not less than 600,000, and less than
800,000, if the State or regional authority
providing public transportation for the area
operates at least 100 buses in fixed-route
service in the area during peak service hours;
``(v) not less than 800,000, and less than
1,000,000, if the State or regional authority
providing public transportation for the area
operates at least 100 buses in fixed-route
service in the area during peak service hours;
and
``(vi) not less than 1,000,000, if the
State or regional authority providing public
transportation for the area operates at least
100 buses in fixed-route service in the area
during peak service hours;''.
(2) in paragraph (2)--
(A) by striking subparagraphs (B) through (D); and
(B) by redesignating subparagraph (E) as
subparagraph (B);
(3) by redesignating paragraph (3) as paragraph (6); and
(4) by inserting after paragraph (2) the following:
``(3) Limitations on use of funds.--A designated recipient
may use--
``(A) not more than 50 percent of the funds made
available to the designated recipient under this
section for activities described in paragraph
(2)(D)(iii);
``(B) not more than 45 percent of the funds made
available to the designated recipient under this
section for activities described in paragraph
(2)(D)(iv);
``(C) not more than 40 percent of the funds made
available to the designated recipient under this
section for activities described in paragraph
(2)(D)(v);
``(D) not more than 35 percent of the funds made
available to the designated recipient under this
section for activities described in paragraph
(2)(D)(vi); and
``(E) not more than 30 percent of the funds made
available to the designated recipient under this
section for activities described in paragraph
(2)(D)(vii).
``(4) Conditional use of funds in an urbanized area with a
population of at least 200,000.--
``(A) In general.--For each of fiscal years 2010
through 2015 and subject to subparagraph (B), a
designated recipient may use a percentage of the funds
made available to the designated recipient under this
section, in addition to the percentage described in
paragraph (3), to finance the operating costs of
equipment and facilities for use in public
transportation in an urbanized area with a population
of not less than 200,000.
``(B) Operating cost.--To be eligible under
subparagraph (A), the designated recipient's percentage
of revenue for the operating cost of equipment and
facilities for use in public transportation from non-
Federal sources (excluding farebox revenue) must be
greater than such revenue from the previous fiscal
year.
``(C) Limitation.--The amount available for a grant
under this paragraph shall not exceed the percentage of
such increase.
``(5) TIGGER grant.--
``(A) In general.--In addition to any other grant
under this section, the Secretary may award a grant,
from any funds that may be made available to carry out
this section for each of fiscal years 2010 through
2015, to a designated recipient for the operating cost
of equipment and facilities for use in public
transportation in an urbanized area with a population
of 200,000 or more, if the designated recipient--
``(i) was awarded a grant under the Transit
Investments for Greenhouse Gas and Energy
Reduction program, established under the ninth
proviso under the heading `transit capital
assistance' under the heading `Federal Transit
Administration' under the heading `DEPARTMENT
OF TRANSPORTATION' of title XII of division A
of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-105; 123 Stat. 210);
and
``(ii) demonstrates that the designated
recipient has achieved--
``(I) total energy savings of not
less than 10 percent, as a result of a
project funded using a grant under the
Transit Investments for Greenhouse Gas
and Energy Reduction program;
``(II) energy savings of not less
than 10 percent, as a percentage of the
total energy usage of the public
transit agency, as a result of a
project funded using a grant under the
Transit Investments for Greenhouse Gas
and Energy Reduction program; or
``(III) total greenhouse gas
emission reduction of not less than 10
percent as a result of a project funded
using a grant under the Transit
Investments for Greenhouse Gas and
Energy Reduction program.
``(B) Funds.--The Secretary shall use not less than
10 percent of the funds made available to carry out
this section for grants under this paragraph.''. | Expands the urbanized area formula grants program to include public transit projects in urbanized areas with specified population ranges if the state or regional authority that provides public transportation for the area operates less than 100 buses in fixed-route service in the area during peak service hours. Separates population categories by graduated increases of 200,000, starting with between 200,000 and 400,000, and capping at a minimum of 1 million.
Establishes certain grant use limits for the operating costs of public transportation equipment and facilities in such projects, beginning with 50% of grant funds for certain activities and declining gradually to 30% for certain other activities.
Revises grant eligibility requirements for FY2010-FY2015 for such projects in urbanized areas with a population of at least 200,000.
Authorizes the Secretary of Transportation, during FY2010-FY2015, to award an additional grant to a designated recipient for the operating cost of public transportation equipment and facilities under this Act if the recipient: (1) was awarded a grant under the Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) program; and (2) demonstrates that it has achieved specified energy savings and total greenhouse gas emission reduction as a result of a TIGGER grant project. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to allow for additional transportation assistance grants."} | 1,205 | 258 | 0.554628 | 1.640263 | 0.865388 | 2.50885 | 5.123894 | 0.800885 |
SECTION 1. SHORT TITLE.
This Act shall be cited as the ``VA State Health-Care Reform Pilot
Programs Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) The term ``Department'' means the Department of
Veterans Affairs.
(2) The term ``family'' means the spouse of a veteran or a
child of a veteran as those terms are defined in section 101 of
title 38, United States Code.
(3) The term ``pilot program'' means a program authorized
by section 5(a) of this Act.
(4) The term ``reformed health-care system'' means a State
program which is statutorily established by a State that the
Secretary determines was established to assure that residents
of the State have access to health-care services.
(5) The term ``Secretary'' means the Secretary of Veterans
Affairs.
(6) The term ``veteran'' has meaning given such term in
section 101(2) of title 38, United States Code.
SEC. 3. PILOT PROGRAMS AUTHORITY.
(a) Authority To Conduct Programs.--In up to five States that have
reformed health-care systems, the Secretary may conduct pilot programs
under which the Department may provide health care services, directly
or by contract, to persons identified in subsection (b) on the same or
similar basis as the State plan mandates for residents in the State.
(b) Persons Eligible for Services Under Programs.--Persons eligible
to receive services under a pilot program are any residents of the
State in which the pilot program is being conducted who are--
(1) veterans;
(2) individuals eligible for benefits under section 1713 of
title 38, United States Code; or
(3) members of the family of any veteran who participates
in a pilot program.
(c) Authority To Comply With State Health Plan Requirements.--In
conducting pilot programs, the Secretary may comply with such
requirements of State law applicable to the establishment and operation
of a health plan under a State reform plan, or to functioning as a
participant in, member of, or contractor to, such a health plan, as the
Secretary considers appropriate for application to a department or
agency of the Federal Government.
(d) Catchment Areas.--In conducting pilot programs in a State, the
Secretary may--
(1) conduct the programs in some or all health care
facilities of the Department located in the State; and
(2) establish such catchment areas within the State as the
Secretary determines appropriate.
SEC. 4. CONDITIONS OF PARTICIPATION.
(a) Condition on Establishment of Programs.--The Secretary may
establish and operate a pilot program in a State only after
determining, based on such factors as the Secretary considers relevant
(including the factors referred to in subsection (b)), that, in the
absence of an enrollment option through a Department plan in that
State, the projected workload in one or more Department health care
facilities in the State would decline to a level that--
(1) would threaten to impair the capability of such
facilities to meet one or more assigned mission of such
facilities; or
(2) would result in a deterioration in the quality of the
service delivered by such facilities to an extent that it would
not be reasonable to continue to provide needed services in
such facilities and satisfactory alternative arrangements could
not feasibly be provided.
(b) Factors.--In making a determination under subsection (a), the
Secretary shall consider the following:
(1) The relative universality of coverage provided to State
residents under the State reform plan.
(2) The scope of benefits offered under the plan.
(3) The extent of financing supporting the plan.
(4) The extent to which the State may serve as a model for
the Department in determining how to compete with other health
care providers in other States when Congress enacts National
health care reform.
(5) Such other matters as the Secretary determines
appropriate.
(c) Notice and Wait Requirement.--(1) The Secretary may establish
and operate a pilot program in a State not earlier than 30 days after
submitting to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report on the pilot program.
(2) Each report submitted under paragraph (1) shall include the
following:
(A) The rationale for proposed participation in the State
reform plan.
(B) A description of the extent to which applicable
provisions of State law specifically accommodate and facilitate
participation of the Department in the State reform plan.
(C) A detailed business plan for the participation of the
Department under the State reform plan.
(D) A description of the actions the Secretary has taken to
consult with veterans on the proposed participation of the
Department in the State reform plan.
(d) Requirement for Regulations.--The Secretary may operate a pilot
program in a State only after prescribing implementing regulations.
(e) Copayments.--(1) Except as provided in paragraph (2), the
Secretary shall require persons receiving health care services under a
pilot program to pay all premiums, copayments, deductibles, and
coinsurance amounts required by State law in the State where the pilot
program is undertaken.
(2) The Secretary may not collect premiums, copayments,
deductibles, and coinsurance amounts under this subsection from the
following individuals:
(A) Any veteran with a service-connected disability.
(B) any veteran whose discharge or release from the active
military, naval or air service was for a disability incurred or
aggravated in the line of duty.
(C) Any veteran who is in receipt of, or who, but for a
suspension pursuant to section 1151 of title 38, United States
Code (or both such a suspension and the receipt of retired
pay), would be entitled to disability compensation, but only to
the extent that such a veteran's continuing eligibility for
such care is provided for in the judgment or settlement
provided for in such section.
(D) Any veteran who is a former prisoner of war.
(E) Any veteran of the Mexican border period or World War
I.
(F) Any veteran who is unable to defray the expenses of
necessary care as determined under section 1722(a) of title 38,
United States Code.
SEC. 5. EXPIRATION OF AUTHORITY.
The authority to conduct pilot programs under this Act shall expire
on December 31, 1997.
SEC. 6. FUNDING.
(a) Revolving Fund.--There is established in the Treasury of the
United States a revolving fund for conducting pilot programs authorized
by section 3(a).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the revolving fund for fiscal years 1995, 1996, and
1997 such sums as may be necessary to carry out the purposes of this
Act.
(c) Availability of Funds.--(1) Amounts in the revolving fund
established under subsection (a) shall be available without fiscal year
limitation for payment of all expenses necessary to carry out the pilot
programs, including--
(A) expenses of furnishing medical care and services;
(B) expenses of consumer surveys;
(C) expenses of printing, marketing, and advertising
services (including contracts for such services); and
(D) expenses for the acquisition, construction, repair, or
renovation of facilities (including the land on which
facilities are located or to be constructed).
(2) Funds in the revolving fund shall not be available for a major
medical facility project, or a major medical facility lease, under
section 8104(a)(3) of title 38, United States Code, unless specifically
authorized by law.
(d) Collection of Funds.--(1) The Secretary may recover or collect
funds which result from participation by the Department in a pilot
program authorized under section 3(a) for care provided to veterans or
their dependents. The Secretary may recover or collect such funds
(including amounts received as premiums, copayments, deductibles or
third-party reimbursements) from an individual, another agency or
department of the Federal Government, an agency of State or local
government, or a health-care provider, health care plan, insurer, or
other entity.
(2) The Secretary shall, in consultation with the Director of the
Office of Management and Budget, estimate the collection of funds to be
received for services to be provided to veterans by each Department
facility participating in a State pilot program during each fiscal
year. Such estimates shall be based upon and consistent with the higher
of--
(A) the fiscal year baseline for third-party recoveries,
copayments, and other medical collections for the fiscal year
included in the budget submitted to Congress by the President;
or
(B) the fiscal year baseline for such collections for the
fiscal year as reestimated by the Congressional Budget Office.
(3)(A) Amounts collected for services provided to dependents shall
be deposited in the revolving fund established in subsection (a).
(B) Amounts collected for services provided to veterans in excess
of the estimate determined under paragraph (2) shall be deposited in
the revolving fund established under subsection (a).
(C) An amount up to the estimate determined under paragraph (2)
shall be deposited in the Medical-Care Cost Recovery Fund established
under section 1729(g) of title 38, United States Code.
SEC. 7. ADMINISTRATIVE FLEXIBILITY.
(a) Applicability of Notice and Wait Requirement.--The Secretary
may carry out any reorganization necessary to carry out a pilot program
authorized by section 3(a) without regard to the provisions of section
510(b) of title 38, United States Code.
(b) Applicability of Other Provisions of Law.--The Director of a
Department health care facility participating in a pilot project
authorized by section 3(a) may enter into agreements with health care
plans, insurers, health care providers, or with any other entity or
individual to furnish or obtain any health care resource, as that term
is defined in section 8152 of title 38, United States Code, without
regard to the following:
(1) Chapter 7 of the Office of Federal Procurement Policy
Act (41 U.S.C. 410 et. seq.).
(2) Chapter 4 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.).
(3) Subsections (b)(7), (e), (f), (g), and (h) of section 8
of the Small Business Act (15 U.S.C. 637), relating to
certificate of competency, notice, and sole sourcing.
(4) Office of Management and Budget Circular A-76.
(5) Section 8110(c) of title 38, United States Code,
relating to contracting out at Department medical facilities.
(6) Subchapter V of chapter 35 of title 31, United States
Code, relating to Government Accounting Office protests.
(7) Sections 3526 and 3702 of title 31, United States Code,
relating to jurisdiction over Government Accounting Office
protests.
(8) Section 1491 of title 28, United States Code, relating
to protests to the United States Court of Federal Claims.
(9) Section 702 of title 5, United States Code, and section
1346(2) of title 28, United States Code, relating to protests
to United States district courts.
(10) Section 8125 of title 38, United States Code, relating
to local contracts for health care items.
(11) The provisions of law appearing as sections 471
through 544 of title 40, United States Code, for purposes of
the proposal of the Law Revision Counsel of a codification of
Federal law, relating to the authority of the General Services
Administration over leasing and disposal of property.
(12) Section 8122(a)(1) of title 38, United States Code,
relating to out-leasing by the Department.
SEC. 8. MARKETING.
The Secretary may carry out such promotional, advertising, and
marketing activities as the Secretary considers necessary to
effectively establish and operate a health plan pilot program.
SEC. 9. REPORTS.
Not later than November 30 of each of 1995 through 1998, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives a report on the pilot programs
carried out by the Secretary under this Act.
SEC. 10. SAVINGS PROVISIONS.
(a) Benefits.--The Secretary shall provide the persons referred to
in section 3(b) with all benefits authorized to be provided to such
persons under title 38, United States Code, in accordance with the
terms and conditions applicable to such persons and such benefits,
notwithstanding that such benefits are not provided under the pilot
program.
(b) Utilization of Other Department Facilities.--Department
facilities not participating in pilot programs shall continue to
furnish health care benefits in accordance with the provisions of title
38, United States Code. | VA State Health-Care Reform Pilot Programs Act - Authorizes the Secretary of Veterans Affairs to conduct pilot programs in up to five States that have reformed health-care systems (a statutorily established system to assure residents access to health-care services) under which the Department of Veterans Affairs may provide, directly or by contract, health-care services on the same or a similar basis as the State plan mandates for residents. Makes eligible for such services veterans, survivors and dependents of disabled veterans or veterans who died in active service, and members of the family of any veteran participating in the pilot program. Outlines pilot program conditions, including a 30-day waiting period after notifying specified congressional committees of the intention to establish the program. Requires the payment of all applicable premiums, copayments, deductibles, and coinsurance payments by program participants. Terminates the authority to conduct the pilot programs as of December 31, 1990.
Establishes a revolving fund and authorizes appropriations to the fund for FY 1995 through 1997 for pilot program purposes. Provides for the collection of funds from program participants. Allows any required administrative reorganization necessary to carry out a pilot program without the required congressional notification and waiting period. Provides for: (1) marketing activities to promote the pilot programs; and (2) required reports. | {"src": "billsum_train", "title": "VA State Health-Care Reform Pilot Programs Act"} | 2,781 | 285 | 0.595009 | 1.590994 | 0.840996 | 2.933071 | 10.377953 | 0.870079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Contract Procurement for
Small Businesses through More Accurate Reporting Act of 2016''.
SEC. 2. REPORTING REQUIREMENTS FOR CERTAIN SMALL BUSINESS CONCERNS.
Section 15(h)(2)(E) of the Small Business Act (15 U.S.C.
644(h)(2)(E)) is amended--
(1) in clause (i)--
(A) in subclause (III), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(V) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns for
purposes of the initial contract; and
``(VI) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(2) in clause (ii)--
(A) in subclause (IV), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by service-disabled veterans
for purposes of the initial contract;
and
``(VII) that were awarded using a
procurement method that restricted
competition to qualified HUBZone small
business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(3) in clause (iii)--
(A) in subclause (V), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be qualified HUBZone small business
concerns for purposes of the initial
contract; and
``(VIII) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(4) in clause (iv)--
(A) in subclause (V), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by socially and economically
disadvantaged individuals for purposes
of the initial contract; and
``(VIII) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by women,
or a subset of any such concerns;'';
(5) in clause (v)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by inserting ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
an Indian tribe other than an Alaska
Native Corporation for purposes of the
initial contract;'';
(6) in clause (vi)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by inserting ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
a Native Hawaiian Organization for
purposes of the initial contract;'';
(7) in clause (vii)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by striking ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
an Alaska Native Corporation for
purposes of the initial contract;
and''; and
(8) in clause (viii)--
(A) in subclause (VII), by striking ``and'' at the
end;
(B) in subclause (VIII), by striking ``and'' at the
end; and
(C) by adding at the end the following new
subclauses:
``(IX) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by women for purposes of the
initial contract; and
``(X) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, or a subset of any such
concerns; and''. | Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016 This bill amends the Small Business Act to require the Small Business Administration to report to the President and Congress an analysis of the number and dollar amount of prime contracts awarded by federal agencies each fiscal year to small business concerns, including those: owned and controlled by service-disabled veterans; located in qualified HUBZones; owned and controlled by socially and economically disadvantaged individuals; owned by an Indian tribe, an Alaska Native Corporation, or a Native Hawaiian Organization; or owned and controlled by women. The analyses shall cover all such small business concerns: that were purchased by another entity after the initial contract was awarded and as a result would no longer be deemed to be small business concerns for purposes of the initial contract, and that were awarded using a procurement method that restricted competition to the kinds of small business concerns listed here or a subset of any of them. | {"src": "billsum_train", "title": "Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2016"} | 1,330 | 201 | 0.693821 | 2.470583 | 0.75742 | 3.153846 | 7.120879 | 0.813187 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Schools Act of 2001''.
SEC. 2. SAFE SCHOOLS.
(a) Amendments to the Gun-Free Schools Act of 1994.--Part F of
title XIV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8921 et seq.) is amended--
(1) in section 14601 (20 U.S.C. 8921)--
(A) in subsection (a)--
(i) by striking ``Gun-Free'' and inserting
``Safe''; and
(ii) by striking ``1994'' and inserting
``2001'';
(B) in subsection (b)(1), by inserting after
``determined'' the following: ``to be in possession of
felonious quantities of an illegal drug, on school
property under the jurisdiction of, or in a vehicle
operated by an employee or agent of, a local
educational agency in that State, or''; and
(C) in subsection (b)(4)--
(i) by striking ``Definitions.--For the
purpose of this section, the'' and inserting
the following: ``Definitions.--For purposes of
this section:
``(1) Weapon.--The''; and
(ii) by adding at the end the following:
``(2) Illegal drug.--The term `illegal drug' means a
controlled substance, as defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)), the possession of
which is unlawful under such Act (21 U.S.C. 801 et seq.) or
under the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), but does not include a controlled
substance used pursuant to a valid prescription or as
authorized by law.
``(3) Illegal drug paraphernalia.--The term `illegal drug
paraphernalia' means drug paraphernalia, as defined in section
422(d) of the Controlled Substances Act (21 U.S.C. 863(d)),
except that the first sentence of that section shall be applied
by inserting `or under the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.)' before the period.
``(4) Felonious quantities of an illegal drug.--The term
`felonious quantities of an illegal drug' means any quantity of
an illegal drug--
``(A) possession of which (quantity) would, under
Federal, State, or local law, either constitute a
felony or indicate an intent to distribute; or
``(B) that is possessed with an intent to
distribute.'';
(D) in subsection (d)(2)(C), by inserting ``illegal
drugs or'' before ``weapons''; and
(E) by striking subsection (f);
(2) in section 14602(a) (20 U.S.C. 8922(a))--
(A) by inserting after ``who'' the following: ``is
in possession of an illegal drug, or illegal drug
paraphernalia, on school property under the
jurisdiction of, or in a vehicle operated by an
employee or agent of, such agency, or who''; and
(B) by striking ``served by'' and inserting ``under
the jurisdiction of''; and
(3) in section 14603 (20 U.S.C. 8923)--
(A) in paragraph (1)--
(i) by striking ``policy of the Department
in effect on the date of enactment of the
Improving America's Schools Act of 1994'' and
inserting ``policy in effect on the date of
enactment of the Safe Schools Act of 2001'';
and
(ii) by adding ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``engaging'' and inserting
``possessing illegal drugs, or illegal drug
paraphernalia, on school property, or in
vehicles operated by employees or agents of,
schools or local educational agencies, or
engaging''; and
(ii) by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (3).
(b) Compliance Date; Reporting.--
(1) Compliance date.--A State shall have 2 years from the
date of enactment of this Act to comply with the requirements
established under the amendments made by subsection (a).
(2) Reports.--
(A) On approaches for discipline.--Not later than 2
years after the date of enactment of this Act, the
Secretary of Education shall submit to Congress a
report analyzing the strengths and weaknesses of
approaches regarding the disciplining of children with
disabilities.
(B) On compliance.--Not later than 3 years after
the date of enactment of this Act, the Secretary of
Education shall submit to Congress a report on any
State that is not in compliance with the requirements
of this part. | Safe Schools Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency (LEA) that receives ESEA funds to expel a student determined to be in possession of an illegal drug or illegal drug paraphernalia on school property or in a vehicle operated by an LEA employee or agent.Renames as the Safe Schools Act of 2001 ESEA provisions currently known as the Gun-Free Schools Act of 1994. | {"src": "billsum_train", "title": "A bill to encourage drug-free and safe schools."} | 1,175 | 105 | 0.538174 | 1.258886 | 0.674107 | 3.623529 | 11.564706 | 0.823529 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Space Access Improvement Act of
1999''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the commercialization of space has played a significant
role in establishing the United States as an economic
superpower;
(2) vital services enabled by satellites in space, such as
global positioning, early ballistic missile launch warning,
weather observations, intelligence gathering, and global
communications, have played a significant role in establishing
the United States as a military superpower;
(3) access to space enables research in space science to
enhance our understanding of the Universe and the physical
sciences, and enables observations of the Earth to monitor our
global environment, establishing the United States as a
scientific and technological superpower;
(4) activities in space have a remarkable ability to
inspire future generations of Americans to study science,
engineering, and mathematics, enhancing the scientific and
technical capabilities of the United States;
(5) the United States is rapidly losing its share of the
commercial space launch market to a number of foreign nations;
and
(6) the Federal Government is currently underfunding the
research and development of cutting-edge technologies
associated with advanced space transportation systems that
would lead to significant decreases in the costs of access to
space.
SEC. 3. REDUCING SPACE ACCESS COSTS.
(a) Amendments.--Section 102 of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2451) is amended--
(1) by redesignating subsections (c), (d), (e), (f), (g),
and (h) as subsections (d), (e), (f), (g), (h), and (i),
respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) The Congress declares that the general welfare of the United
States requires that the National Aeronautics and Space Administration
work to identify and develop innovative technologies which would reduce
the costs of transporting payloads and personnel to and from space,
while simultaneously increasing the reliability and safety of advanced
space transportation systems. The Congress further declares that the
general welfare of the United States requires that, to the extent
feasible, the Federal Government--
``(1) aggressively fund the development of innovative
propulsion systems, high-temperature thermal protection
systems, integrated vehicle health monitoring systems,
lightweight durable airframes, and simplified launch and
processing operations;
``(2) maintain a concerted effort in the development and
testing of new space transportation technologies while
providing sufficient funding for basic scientific research that
is necessary for the long-term, revolutionary advances that
will drastically reduce the costs of space access;
``(3) enhance United States economic competitiveness by
facilitating United States commercial sector access to space
transportation technology, data, and facilities, within the
constraints imposed by national security considerations;
``(4) enter into appropriate cooperative research and
development agreements with the United States academic and
commercial sectors to advance space transportation research,
development, and operations;
``(5) minimize regulations that discourage academic and
commercial sector involvement in the development of advanced
space transportation technologies;
``(6) utilize to the fullest extent possible expertise and
products available within the United States prior to seeking
availability from foreign nations, except in cases where such
utilization would be inconsistent with the United States public
interests;
``(7) equitably promote engineering and science education
related to space transportation technologies, within
constraints of national security considerations, to as broad a
range of individuals as possible; and
``(8) continue to closely protect the intellectual property
rights associated with advancements in advanced space
transportation systems to maintain United States
competitiveness in the world.''; and
(3) in subsection (i), as so redesignated by paragraph (1)
of this subsection, by striking ``subsections (a), (b), (c),
(d), (e), (f), and (g)'' and inserting ``this section''.
(b) Conforming Amendments.--Section 206 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2476) is amended by striking ``section
102(c)'' both places it appears and inserting ``section 102(e)''.
SEC. 4. FURTHER ADVANCEMENT OF SPACE TRANSPORTATION TECHNOLOGIES.
Section 201 of the National Aeronautics and Space Administration
Authorization Act of 1986 (42 U.S.C. 2466) is amended--
(1) in paragraph (2), by striking ``is the primary'' and
inserting ``remains an important''; and
(2) in paragraph (5), by inserting ``, and must therefore
also be committed to further developing low-cost, frequent, and
reliable access to space'' after ``transportation''. | Declares that the general welfare requires the Government to: (1) aggressively fund the development of innovative propulsion systems, high-temperature thermal protection systems, integrated vehicle health monitoring systems, lightweight durable airframes, and simplified launch and processing operations; (2) maintain a concerted effort in the development and testing of new space transportation technologies while providing sufficient funding for basic scientific research that is necessary for the long-term, revolutionary advances that will drastically reduce the costs of space access; (3) enhance U.S. economic competitiveness by facilitating U.S. commercial sector access to space transportation technology, data, and facilities, within the constraints imposed by national security considerations; (4) enter into cooperative research and development agreements with U.S. academic and commercial sectors to advance space transportation research, developments, and operations; (5) minimize regulations that discourage academic and commercial sector involvement in the development of advanced space transportation technologies; (6) utilize expertise and products available within the United States prior to seeking availability from foreign nations (except in cases where such utilization would be inconsistent with U.S. public interests); (7) equitably promote engineering and science education related to space transportation technologies, within constraints of national security considerations, to as broad a range of individuals as possible; and (8) continue to closely protect the intellectual property rights associated with advancements in advanced space transportation systems to maintain U.S. competitiveness in the world.
Amends the National Aeronautics and Space Administration Authorization Act of 1986, respecting space shuttle pricing policy, to find and declare that: (1) the Space Transportation System remains an important space launch system (currently, is the primary space launch system); and (2) the United States must be committed to further developing low-cost, frequent, and reliable access to space. | {"src": "billsum_train", "title": "Space Access Improvement Act of 1999"} | 1,032 | 368 | 0.65892 | 1.980261 | 0.893079 | 6.335294 | 2.997059 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leveraging and Energizing America's
Apprenticeship Programs Act'' or the ``LEAP Act''.
SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each apprentice of the employer that exceeds the
applicable apprenticeship level (as determined under subsection (e))
during such taxable year.
``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprentice for each taxable year
is equal to--
``(1) in the case of an apprentice who has not attained 25
years of age at the close of the taxable year, $1,500, or
``(2) in the case of an apprentice who has attained 25
years of age at the close of the taxable year, $1,000.
``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprentice.
``(d) Apprentice.--For purposes of this section, the term
`apprentice' means any employee who is employed by the employer--
``(1) in an officially recognized apprenticeable
occupation, as determined by the Office of Apprenticeship of
the Employment and Training Administration of the Department of
Labor, and
``(2) pursuant to an apprentice agreement registered with--
``(A) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(B) a recognized State apprenticeship agency, as
determined by the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor.
``(e) Applicable Apprenticeship Level.--
``(1) In general.--For purposes of this section, the
applicable apprenticeship level shall be equal to--
``(A) in the case of any apprentice described in
subsection (b)(1), the amount equal to 80 percent of
the average number of such apprentices of the employer
for the 3 taxable years preceding the taxable year for
which the credit is being determined, rounded to the
next lower whole number; and
``(B) in the case of any apprentices described in
subsection (b)(2), the amount equal to 80 percent of
the average number of such apprentices of the employer
for the 3 taxable years preceding the taxable year for
which the credit is being determined, rounded to the
next lower whole number.
``(2) First year of new apprenticeship programs.--In the
case of an employer which did not have any apprentices during
any taxable year in the 3 taxable years preceding the taxable
year for which the credit is being determined, the applicable
apprenticeship level shall be equal to zero.
``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (35), by striking the period at the
end of paragraph (36) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(37) the apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
the Internal Revenue Code of 1986 is amended by inserting ``45S(a),''
after ``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45S. Employees participating in qualified apprenticeship
programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act. | Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprentice who has not attained age 25 at the close of the taxable year or $1,000 for an apprentice who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprentice. Defines "apprentice" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency. | {"src": "billsum_train", "title": "LEAP Act"} | 1,100 | 166 | 0.660032 | 1.761364 | 0.776817 | 3.692308 | 8.333333 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Limitation and
Reform Act''.
SEC. 2. LIMITATION RELATING TO THE NUMBER OF YEARS A MEMBER OF CONGRESS
MAY PARTICIPATE IN A RETIREMENT SYSTEM.
(a) Provisions Relating to FERS.--
(1) In general.--Chapter 84 of title 5, United States Code,
is amended by inserting after section 8410 the following:
``Sec. 8410a. Limitation relating to Members
``(a) This section shall apply with respect to any Member serving
as--
``(1) a Member of the House of Representatives after
completing 12 years of service as a Member of the House of
Representatives; or
``(2) a Senator after completing 12 years of service as a
Senator.
``(b) Notwithstanding any other provision of this chapter, a Member
to whom this section applies remains subject to this chapter, subject
to the following:
``(1) Deductions under section 8422 shall not be made from
any pay for service performed as such a Member.
``(2) Government contributions under section 8423 shall not
be made with respect to any such Member.
``(3) Government contributions under section 8432(c) shall
not be made with respect to any period of service performed as
such a Member.
``(4) Service performed as such a Member and pay received
for any such service shall not be taken into account for any
purpose other than to determine whether any age and service
requirements for title to an annuity under this chapter have
been met.
``(c) For purposes of subsection (a)--
``(1) only service performed after the 105th Congress shall
be taken into account; and
``(2) service performed while subject to subchapter III of
chapter 83 (if any) shall be treated in the same way as if it
had been performed while subject to this chapter.
``(d) For purposes of this section, the term `Member of the House
of Representatives' includes a Delegate to the House of Representatives
and the Resident Commissioner from Puerto Rico.''.
(2) Clerical amendment.--The table of contents for chapter
84 of title 5, United States Code, is amended by inserting
after the item relating to section 8410 the following:
``8410a. Limitation relating to Members.''.
(b) Provisions Relating to CSRS.--
(1) In general.--Chapter 83 of title 5, United States Code,
is amended by inserting after section 8333 the following:
``Sec. 8333a. Limitation relating to Members
``(a) This section shall apply with respect to any Member serving
as--
``(1) a Member of the House of Representatives after
completing 12 years of service as a Member of the House of
Representatives; or
``(2) a Senator after completing 12 years of service as a
Senator.
``(b) Notwithstanding any other provision of this subchapter, a
Member to whom this section applies remains subject to this subchapter,
subject to the following:
``(1) Deductions under the first sentence of section
8334(a) shall not be made from any pay for service performed as
such a Member.
``(2) Government contributions under the second sentence of
section 8334(a) shall not be made with respect to any such
Member.
``(3) Service performed as such a Member and pay received
for any such service shall not be taken into account for any
purpose other than to determine whether any age and service
requirements for title to an annuity under this subchapter have
been met.
``(c) For purposes of subsection (a), only service performed after
the 105th Congress shall be taken into account.
``(d) Nothing in subsection (b) or (c) of section 8333 shall apply
with respect to a Member who, at the time of separation on the basis of
which title to annuity is based, is a Member to whom this section
applies.
``(e) For purposes of this section, the term `Member of the House
of Representatives' includes a Delegate to the House of Representatives
and the Resident Commissioner from Puerto Rico.''.
(2) Clerical amendment.--The table of contents for chapter
83 of title 5, United States Code, is amended by inserting
after the item relating to section 8333 the following:
``8333a. Limitation relating to Members of the House of
Representatives.''.
SEC. 3. FORFEITURE OF RETIREMENT BENEFITS IF CONVICTED OF A FELONY.
(a) In General.--Section 8312(a) of title 5, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding after paragraph (2) the following:
``(3) is convicted of an offense described in subsection
(d), to the extent provided by that subsection.''.
(b) Applicability.--The last sentence of section 8312(a) of title
5, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by adding after subparagraph (B) the following:
``(C) with respect to an offense described in subsection
(d), to the period after the date of conviction.''.
(c) Description of Offenses.--Section 8312 of title 5, United
States Code, is amended by adding at the end the following:
``(d) An offense described in this subsection is any act or
omission of an individual--
``(1) which is a felony under Federal or State law;
``(2) committed while the individual is a Member of
Congress;
``(3) which occurs in connection with the individual's
service as a Member of Congress; and
``(4) which occurs after the date of enactment of this
subsection.''.
(d) Absence from United States to Avoid Prosecution.--Section
8313(a)(1) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking ``and'' at the end of subparagraph (B) and
inserting ``or''; and
(3) by adding at the end the following:
``(C) after the date of enactment of subsection (d)
of section 8312, for an offense described in such
subsection; and''.
(e) Refund of Contributions and Deposits To Be Without Interest.--
Section 8316(b) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) if the individual was convicted of an offense named
by subsection (d) of section 8312, for the period after the
conviction.''.
(f) Restoration of Annuity or Retired Pay.--
(1) Effect of pardon by governor.--Section 8318(a) of title
5, United States Code, is amended by inserting after ``is
pardoned by the President'' the following: ``(or, in the case
of a felony under State law described in section 8312(d), by
the Governor)''.
(2) Limitation.--Section 8318(c) of title 5, United States
Code, is amended by inserting after ``President'' the
following: ``(or a Governor)''.
(g) Definition.--As used in the amendments made by this section,
the term ``Member of Congress'' or ``Member'' includes a Delegate to
the House of Representatives and the Resident Commissioner from Puerto
Rico. | Congressional Pension Limitation and Reform Act - 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.
Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of an act or ommission: (1) which is a felony under Federal or State law; (2) committed while the individual is a Member of Congress; (3) which occurs in connection with the individual's service as a Member of Congress; and (4) which occurs after the enactment of this Act. Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for such offense; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge.
Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction.
Authorizes, under specified conditions, the restoration of such annuity or retired pay if the individual is pardoned by the Governor in the case of a felony under State law. | {"src": "billsum_train", "title": "Congressional Pension Limitation and Reform Act"} | 1,832 | 316 | 0.527139 | 1.404244 | 0.660084 | 3.522059 | 6.198529 | 0.845588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Workers for Economic Growth
Act''.
TITLE I--H-1B NONIMMIGRANT WORKERS
SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS.
(a) Annual Limitations.--Section 214(g)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (ii), by adding ``and'' at the end; and
(2) by striking clauses (iii) through (v) and inserting the
following:
``(iii) with respect to all such aliens
other than aliens described in paragraph (5)--
``(I) 200,000 for each of the
fiscal years 2000, 2001, and 2002; and
``(II) 65,000 for each succeeding
fiscal year; or''.
(b) Exemption From Annual Limitation.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding
at the end the following new paragraph:
``(5) The numerical limitations contained in paragraph (1)(A)(iii)
shall not apply to any nonimmigrant alien admitted under section
101(a)(15)(H)(i)(b) who--
``(A) has attained a master's degree or higher degree (or
its equivalent) in a specialty related to the intended
employment and receives wages (including cash bonuses and
similar compensation) at an annual rate equal to at least
$60,000; or
``(B) has attained a bachelor's degree or higher degree (or
its equivalent) and is employed (or has received an offer of
employment) at an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))).''.
(c) Exemption From Attestation Requirements.--Section
212(n)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(3)(B)(i)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking ``and'' at the end and
inserting ``or''; and
(3) by adding at the end the following:
``(III) has attained a bachelor's degree or higher
degree (or its equivalent) and is employed (or has
received an offer of employment) at an institution of
higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)));
and''.
TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS
SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO
CONTINUE TO WORK AFTER REACHING RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in section
216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined in
section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained retirement age (as defined
in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Retirement Age.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of such
Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of such Act (42 U.S.C.
403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking subparagraph
(D) and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(3) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4) of such
Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section
102 of the Senior Citizens' Right to Work Act of 1996 had not
been enacted'' and inserting the following: ``if the amendments
to section 203 made by section 102 of the Senior Citizens'
Right to Work Act of 1996 and by the New Workers for Economic
Growth Act had not been enacted''.
(d) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years beginning after
December 31, 1999. | TABLE OF CONTENTS:
Title I: H-1B Nonimmigrant Workers
Title II: Elimination of Earnings Penalty on Senior Citizens
New Workers for Economic Growth Act -
Title I: H-1B Nonimmigrant Workers
- Amends the Immigration and Nationality Act to increase the permitted number of H-1B temporary worker and trainee visas for FY 2000 through 2002. Excludes from such limitation aliens with: (1) specified higher degrees and salaries; and (2) at least a bachelor's degree and a job or job offer at an institution of higher education (excludes such aliens from certain labor attestation requirements).
Title II: Elimination of Earnings Penalty on Senior Citizens
- Amends the Social Security Act to eliminate the reduction in Social Security benefits for individuals under 70 years old whose earnings exceed specified annual limits. | {"src": "billsum_train", "title": "New Workers for Economic Growth Act"} | 1,966 | 185 | 0.530793 | 1.466478 | 0.722224 | 2.296053 | 10.085526 | 0.756579 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led
to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce,
Science, and Transportation, on June 4, 2003, all 5 members of
the Federal Communications Commission testified that there has
been, in at least some local radio markets, too much
consolidation.
(3) A commitment to localism--local operations, local
research, local management, locally-originated programming,
local artists, and local news and events--would bolster radio
listening.
(4) Local communities have sought to launch radio stations
to meet their local needs. However, due to the scarce amount of
spectrum available and the high cost of buying and running a
large station, many local communities are unable to establish a
radio station.
(5) In 2003, the average cost to acquire a commercial radio
station was more than $2.5 million dollars.
(6) In January, 2000, the Federal Communications Commission
authorized a new, affordable community radio service called
``low power FM'' or ``LPFM'' to ``enhance locally focused
community-oriented radio broadcasting''.
(7) Through the creation of LPFM, the Commission sought to
``create opportunities for new voices on the air waves and to
allow local groups, including schools, churches and other
community-based organizations, to provide programming
responsive to local community needs and interests''.
(8) The Commission made clear that the creation of LPFM
would not compromise the integrity of the FM radio band by
stating, ``We are committed to creating a low power FM radio
service only if it does not cause unacceptable interference to
existing radio service.''.
(9) Small rural broadcasters were particularly concerned
about a lengthy and costly interference complaint process.
Therefore, in September, 2000, the Commission created a simple
process to address interference complaints regarding LPFM
stations on an expedited basis.
(10) In December, 2000, Congress delayed the full
implementation of LPFM until an independent engineering study
was completed and reviewed. This delay was due to some
broadcasters' concerns that LPFM service would cause
interference in the FM band.
(11) The delay prevented millions of Americans from having
a locally operated, community based radio station in their
neighborhood.
(12) Approximately 300 LPFM stations were allowed to
proceed despite the congressional action. These stations are
currently on the air and are run by local government agencies,
groups promoting arts and education to immigrant and indigenous
peoples, artists, schools, religious organizations,
environmental groups, organizations promoting literacy, and
many other civically-oriented organizations.
(13) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars to conduct this study, the broadcasters'
concerns were demonstrated to be unsubstantiated.
SEC. 2. REPEAL OF PRIOR LAW.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is repealed.
SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 4. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.
SEC. 5. FEDERAL COMMUNICATIONS COMMISSION RULES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power FM stations
that are licensed in significantly populated States with more than
3,000,000 housing units and a population density greater than 1,000
people per square mile land area.
SEC. 6. TRANSLATOR LICENSING.
The Federal Communications Commission shall evaluate the impact of
translator licensing on low power and full power radio stations. The
Federal Communications Commission shall implement policies to promote
opportunities for locally based low power radio stations, while
protecting full power stations from harmful interference from
translator networks. | Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required.
Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations.
Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference.
Requires the FCC to retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3 million housing units and a population density greater than 1,000 people per square mile.
Requires the FCC to: (1) evaluate the impact of translator licensing on low and full power radio stations; and (2) implement policies that promote opportunities for locally based low power radio stations while protecting full power stations from harmful interference from translator networks. | {"src": "billsum_train", "title": "A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low power FM service."} | 937 | 327 | 0.414974 | 1.352592 | 0.661651 | 4.840426 | 3.191489 | 0.868794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Regulatory Efficiency Act''.
SEC. 2. THIRD-PARTY QUALITY SYSTEM ASSESSMENT.
(a) Establishment of Third-Party Quality System Assessment
Program.--Chapter V of the Federal Food, Drug, and Cosmetic Act is
amended by inserting after section 524A (21 U.S.C. 360n-1) the
following:
``SEC. 524B. THIRD-PARTY QUALITY SYSTEM ASSESSMENT.
``(a) Accreditation and Assessment.--
``(1) In general; certification of device quality system.--
The Secretary shall, in accordance with this section, establish
a third-party quality system assessment program--
``(A) to accredit persons to assess whether a
requestor's quality system, including its design
controls, can reasonably assure the safety and
effectiveness of in-scope devices subject to device-
related changes;
``(B) under which accredited persons shall (as
applicable) certify that a requestor's quality system
meets the criteria included in the guidance issued
under paragraph (5) with respect to the in-scope
devices at issue; and
``(C) under which the Secretary shall rely on such
certifications for purposes of determining the safety
and effectiveness (or as applicable, substantial
equivalence) of in-scope devices subject to the device-
related changes involved, in lieu of compliance with
the following submission requirements:
``(i) A premarket notification.
``(ii) A 30-day notice.
``(iii) A Special PMA Supplement.
``(2) Definitions.--For purposes of this section--
``(A) the term `device-related changes' means
changes made by a requestor with respect to in-scope
devices, which are--
``(i) changes to a device found to be
substantially equivalent under subsections
(f)(1) and (i) of section 513 to a predicate
device, that--
``(I) would otherwise be subject to
a premarket notification; and
``(II) do not alter--
``(aa) the intended use of
the changed device; or
``(bb) the fundamental
scientific technology of such
device;
``(ii) manufacturing changes subject to a
30-day notice;
``(iii) changes that qualify for a Special
PMA Supplement; and
``(iv) such other changes relating to the
devices or the device manufacturing process as
the Secretary determines appropriate;
``(B) the term `in-scope device' means a device
within the scope of devices agreed to by the requestor
and the accredited person for purposes of a request for
certification under this section;
``(C) the term `premarket notification' means a
premarket notification under section 510(k);
``(D) the term `quality system' means the methods
used in, and the facilities and controls used for, the
design, manufacture, packaging, labeling, storage,
installation, and servicing of devices, as described in
section 520(f);
``(E) the term `requestor' means a device
manufacturer that is seeking certification under this
section of a quality system used by such manufacturer;
``(F) the term `Special PMA Supplement' means a PMA
supplement under section 814.39(d) of title 21, Code of
Federal Regulations (or any successor regulations); and
``(G) the term `30-day notice' means a notice
described in section 515(d)(5)(A)(ii).
``(3) Accreditation process; accreditation renewal.--Except
as inconsistent with this section, the process and
qualifications for accreditation of persons and renewal of such
accreditation under section 704(g) shall apply with respect to
accreditation of persons and renewal of such accreditation
under this section.
``(4) Use of accredited parties to conduct assessments.--
``(A) Initiation of assessment services.--
``(i) Date assessments authorized.--
Beginning after the date on which the final
guidance is issued under paragraph (5), an
accredited person may conduct an assessment
under this section.
``(ii) Initiation of assessments.--Use of
one or more accredited persons to assess a
requestor's quality system under this section
with respect to in-scope devices shall be at
the initiation of the person who registers and
lists the devices at issue under section 510.
``(B) Compensation.--Compensation for such
accredited persons shall--
``(i) be determined by agreement between
the accredited person and the person who
engages the services of the accredited person;
and
``(ii) be paid by the person who engages
such services.
``(C) Accredited person selection.--Each person who
chooses to use an accredited person to assess a
requestor's quality system, as described in this
section, shall select the accredited person from a list
of such persons published by the Secretary in
accordance with section 704(g)(4).
``(5) Guidance; criteria for certification.--
``(A) In general.--The criteria for certification
of a quality system under this section shall be as
specified by the Secretary in guidance issued under
this paragraph.
``(B) Contents; criteria.--The guidance under this
paragraph shall include specification of--
``(i) evaluative criteria to be used by an
accredited person to assess and, as applicable,
certify a requestor's quality system under this
section with respect to in-scope devices; and
``(ii) criteria for accredited persons to
apply for a waiver of, and exemptions from, the
criteria under clause (i).
``(C) Timeframe for issuing guidance.--The
Secretary shall issue under this paragraph--
``(i) draft guidance not later than 12
months after the enactment of the FDA
Regulatory Efficiency Act; and
``(ii) final guidance not later than 12
months after issuance of the draft guidance
under clause (i).
``(b) Use of Third-Party Assessment.--
``(1) Assessment summary; certification.--
``(A) Submission of assessment to secretary.--An
accredited person who assesses a requestor's quality
system under subsection (a) shall submit to the
Secretary a summary of the assessment--
``(i) within 30 days of the assessment; and
``(ii) which shall include (as
applicable)--
``(I) the accredited person's
certification that the requestor has
satisfied the criteria specified in the
guidance issued under subsection (a)(5)
for quality system certification with
respect to the in-scope devices at
issue; and
``(II) any waivers or exemptions
from such criteria applied by the
accredited person.
``(B) Treatment of assessments.--Subject to action
by the Secretary under subparagraph (C), with respect
to assessments which include a certification under this
section--
``(i) the Secretary's review of the
assessment summary shall be deemed complete on
the day that is 30 days after the date on which
the Secretary receives the summary under
subparagraph (A); and
``(ii) the assessment summary and
certification of the quality system of a
requestor shall be deemed accepted by the
Secretary on such 30th day.
``(C) Actions by secretary.--
``(i) In general.--Within 30 days of
receiving an assessment summary and
certification under subparagraph (A), the
Secretary may, by written notice to the
accredited person submitting such assessment
certification, deem any such certification to
be provisional beyond such 30-day period,
suspended pending further review by the
Secretary, or otherwise qualified or cancelled,
based on the Secretary's determination that (as
applicable)--
``(I) additional information is
needed to support such certification;
``(II) such assessment or
certification is unwarranted; or
``(III) such action with regard to
the certification is otherwise
justified according to such factors and
criteria as the Secretary finds
appropriate.
``(ii) Acceptance of certification.--If
following action by the Secretary under clause
(i) with respect to a certification, the
Secretary determines that such certification is
acceptable, the Secretary shall issue written
notice to the applicable accredited person
indicating such acceptance.
``(2) Notifications to secretary by certified requestors or
accredited persons for program evaluation purposes.--
``(A) Annual summary report for device-related
changes otherwise subject to premarket notification.--A
requestor whose quality system is certified under this
section that effectuates device-related changes with
respect to in-scope devices, without prior submission
of a premarket notification, shall ensure that an
annual summary report is submitted to the Secretary by
the accredited person which--
``(i) describes the changes made to the in-
scope device; and
``(ii) indicates the effective dates of
such changes.
``(B) Periodic notification for manufacturing
changes otherwise subject to 30-day notice.--A
requestor whose quality system is certified under this
section that effectuates device-related changes with
respect to in-scope devices, without prior submission
of a 30-day notice, shall provide notification to the
Secretary of such changes in the requestor's next
periodic report under section 814.84(b) of title 21,
Code of Federal Regulations (or any successor
regulation). Such notification shall--
``(i) describe the changes made; and
``(ii) indicate the effective dates of such
changes.
``(C) Periodic notification for device-related
changes otherwise subject to special pma supplement.--A
requestor whose quality system is certified under this
section that effectuates device-related changes with
respect to in-scope devices, without prior submission
of a Special PMA Supplement, shall provide notification
to the Secretary of such changes in the requestor's
next periodic report under section 814.84(b) of title
21, Code of Federal Regulations (or any successor
regulation). Such notification shall--
``(i) describe the changes made, including
a full explanation of the basis for the
changes; and
``(ii) indicate the effective dates of such
changes.
``(D) Use of notifications for program evaluation
purposes.--Information submitted to the Secretary under
subparagraphs (A) through (C) shall be used by the
Secretary for purposes of the program evaluation under
subsection (e)(1).
``(c) Duration and Effect of Certification.--A certification under
this section--
``(1) shall remain in effect for a period of 2 years from
the date such certification is accepted by the Secretary,
subject to paragraph (6);
``(2) may be renewed through the process described in
subsection (a)(3);
``(3) shall continue to apply with respect to device-
related changes made during such 2-year period, provided the
certification remains in effect, irrespective of whether such
certification is renewed after such 2-year period;
``(4) shall have no effect on the need to comply with
applicable submission requirements specified in subsection
(a)(1)(C) with respect to any change pertaining to in-scope
devices which is not a device-related change under subsection
(a)(2);
``(5) shall have no effect on the authority of the
Secretary to conduct an inspection or otherwise determine
whether the requestor has complied with the applicable
requirements of this Act; and
``(6) may be revoked by the Secretary upon a determination
that the requestor's quality system no longer meets the
criteria specified in the guidance issued under subsection
(a)(5) with respect to the in-scope devices at issue.
``(d) Notice of Revocation.--The Secretary shall provide written
notification to the requestor of a revocation pursuant to subsection
(c)(6) not later than 10 business days after the determination
described in such subsection. Upon receipt of the written notification,
the requestor shall satisfy the applicable submission requirements
specified in subsection (a)(1)(C) for any device-related changes
effectuated after the date of such determination. After such
revocation, such requestor is eligible to seek re-certification under
this section of its quality system.
``(e) Program Evaluation; Sunset.--
``(1) Program evaluation and report.--
``(A) Evaluation.--The Secretary shall complete an
evaluation of the third-party quality system assessment
program under this section not later than January 31,
2021, based on--
``(i) analysis of information from a
representative group of device manufacturers
obtained from notifications provided by
certified requestors or accredited persons
under subsection (b)(2); and
``(ii) such other available information and
data as the Secretary determines appropriate.
``(B) Report.--Not later than 1 year after
completing the evaluation under subparagraph (A), the
Secretary shall issue a report of the evaluation's
findings on the website of the Food and Drug
Administration, which shall include the Secretary's
recommendations with respect to continuation and as
applicable expansion of the program under this section
to encompass--
``(i) device submissions beyond those
identified in subsection (a)(1)(C); and
``(ii) device changes beyond those
described in subsection (a)(2)(A).
``(2) Sunset.--This section shall cease to be effective
October 1, 2022.
``(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to request and review
the complete assessment of a certified requestor under this section on
a for-cause basis.''.
(b) Conforming Amendments.--
(1) Requirements for premarket approval supplements.--
Section 515(d)(5)(A)(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360e(d)(5)(A)(i)) is amended by inserting
``subject to section 524B,'' after ``that affects safety or
effectiveness,''.
(2) Requirements for 30-day notice.--Section
515(d)(5)(A)(ii) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360e(d)(5)(A)(ii)) is amended by inserting ``subject
to section 524B,'' after ``the date on which the Secretary
receives the notice,''.
(3) Requirements for premarket notification; technical
correction to reference to section 510(k).--Section 510(l) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)) is
amended by striking ``of this subsection under subsection (m)''
and inserting ``of subsection (k) under subsection (m) or
section 524B''.
(4) Misbranded devices.--Section 502(t) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(t)) is amended by
inserting ``or 524B'' after ``section 519''. | FDA Regulatory Efficiency Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish a third-party quality system assessment program to accredit persons to assess whether a medical device manufacturer's quality system can ensure the safety and effectiveness or substantial equivalence of an approved medical device after certain changes, including changes in manufacturing or changes to enhance device safety. Device manufacturers with quality systems that have been certified by an accredited person are allowed to make changes to a device without submitting to the FDA the premarket notification, 30-day notice, or premarket approval supplement that would otherwise be required. An accredited person who assesses a device manufacturer's quality system must submit a summary of their assessment and, as appropriate, a certification of the quality system to the FDA within 30 days of the assessment. An assessment summary and certification is deemed accepted by the FDA 30 days after submission unless the FDA determines that additional information is needed to support certification, the assessment or certification is unwarranted, or an action other than acceptance of the certification is otherwise justified. Device manufacturers who make changes to devices without submitting a premarket notification must describe the changes in an annual summary submitted to the FDA. Changes made without submitting a 30-day notice or a premarket approval supplement must be described in a periodic report. Certifications accepted by the FDA remain in effect for two years. The FDA must report on this quality system assessment program no later than January 31, 2022. The program is terminated at the end of FY2022. | {"src": "billsum_train", "title": "FDA Regulatory Efficiency Act"} | 3,360 | 337 | 0.640508 | 2.009345 | 0.787827 | 2.632997 | 10.282828 | 0.915825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Infrastructure for
Job Creation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Investments in infrastructure create jobs while
fulfilling critical needs in communities throughout the United
States.
(2) According to the Brookings Institution, nearly 14.5
million workers--11 percent of the U.S. workforce--were
employed in infrastructure jobs in 2013.
(3) According to data from the Brookings Institution,
infrastructure occupations often provide more competitive and
equitable wages in comparison to all jobs nationally,
consistently paying up to 30 percent more to low-income workers
over the past decade.
(4) The American Society of Civil Engineers gave the
infrastructure of the United States an overall grade of ``D+''
in 2017 and estimated that the United States will need to
invest $4.59 trillion by 2025 in order to improve the condition
of the Nation's infrastructure and bring it to a state of good
repair.
(5) The American Society of Civil Engineers assigned a
``D'' grade to the Nation's drinking water infrastructure and a
``D+'' grade to the Nation's wastewater infrastructure and
estimated that the United States will need to invest $150
billion by 2025 to bring them to a state of good repair.
(6) According to the American Society of Civil Engineers,
there are an estimated 240,000 water main breaks per year in
the United States, wasting over two trillion gallons of treated
drinking water.
(7) In 2016, the U.S. Environmental Protection Agency (EPA)
reported that although exposure to lead can cause serious
health problems, including damage to the brain and nervous
system in children and kidney problems and high blood pressure
in adults, an estimated 6.5 to 10 million homes nationwide
receive drinking water through lead service lines.
(8) Congress created the Drinking Water State Revolving
Funds in 1996 to help eligible public water systems finance
infrastructure projects in order to comply with Federal
drinking water regulations and meet the health objectives of
the Safe Drinking Water Act.
(9) The EPA is required periodically to conduct a survey of
the capital improvement needs of eligible public water systems
and distribute funding appropriated for the Drinking Water
State Revolving Funds among the States based on the results of
the most recent survey.
(10) In 2013, the EPA completed the most recent survey of
the capital improvement needs of eligible public water systems
and estimated that $384 billion in improvements are needed for
the Nation's drinking water infrastructure over 20 years in
order to ensure the safety of drinking water.
(11) The American Recovery and Reinvestment Act of 2009
(Public Law 111-5) included $2 billion in emergency
supplemental appropriations for the Drinking Water State
Revolving Funds to enable States to provide grants and
financing assistance to eligible public water systems in order
to improve drinking water infrastructure in communities
throughout the United States.
(12) Past appropriations for the Drinking Water State
Revolving Funds are not sufficient to address the tremendous
need for investments in drinking water infrastructure in
communities throughout the United States.
(13) Appropriating $7.5 billion in fiscal year 2017 for the
Drinking Water State Revolving Funds, and allowing the funds to
remain available for 6 years, will enable States to begin
immediately to expand investments in drinking water
infrastructure in communities throughout the United States.
(14) Restricting appropriations for the Drinking Water
State Revolving Funds through the use of arbitrary budget caps
or sequestration undermines economic recovery and job creation
efforts; disrupts planning by States, local communities, and
eligible public water systems; and leaves critical
infrastructure needs unmet.
(15) Emergency supplemental appropriations for the Drinking
Water State Revolving Funds, provided in addition to other
appropriations and not subject to sequestration, will improve
drinking water infrastructure and create jobs throughout the
United States without reducing funding for other domestic
priorities.
(16) An emergency supplemental appropriation of $7.5
billion for the Drinking Water State Revolving Funds to be made
available in fiscal year 2017, and to remain available for 6
years, will allow States to begin immediately to distribute
funds to eligible public water systems and allow local
communities and eligible public water systems to develop and
implement plans to improve drinking water infrastructure, thus
ensuring an efficient use of funds and timely job creation.
SEC. 3. SUPPLEMENTAL APPROPRIATIONS FOR THE DRINKING WATER STATE
REVOLVING FUNDS.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2017:
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
For an additional amount for capitalization grants under section
1452 of the Safe Drinking Water Act in accordance with the provisions
under this heading in title VII of division A of Public Law 111-5,
$7,500,000,000, to remain available through September 30, 2022:
Provided, That the amount under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
except that such amount shall be available only if the President
subsequently so designates such amount and transmits such designation
to the Congress.
SEC. 4. EXEMPTION FROM SEQUESTRATION.
The appropriation in section 3 shall be exempt from sequestration
under the Balanced Budget and Emergency Deficit Control Act of 1985. | Drinking Water Infrastructure for Job Creation Act This bill provides $7.5 billion in supplemental FY2017 appropriations to the Environmental Protection Agency to remain available through FY2022 for capitalization grants to the Drinking Water State Revolving Funds. (The program assists public water systems in financing infrastructure projects needed to comply with federal drinking water regulations and meet health objectives under the Safe Drinking Water Act.) The funding provided by this bill is designated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. The emergency funding is exempt from discretionary spending limits and is only available if the President subsequently designates the amounts as an emergency and submits the designation to Congress. The bill also exempts the funding from sequestration. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.) | {"src": "billsum_train", "title": "Drinking Water Infrastructure for Job Creation Act"} | 1,158 | 198 | 0.476165 | 1.532142 | 0.825893 | 2.664671 | 6.562874 | 0.796407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Opportunity Act of 1995''.
SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT.
Notwithstanding any other provision of law, neither the Federal
Government nor any officer, employee, or department or agency of the
Federal Government--
(1) may intentionally discriminate against, or may grant a
preference to, any individual or group based in whole or in
part on race, color, national origin, or sex, in connection
with--
(A) a Federal contract or subcontract;
(B) Federal employment; or
(C) any other federally conducted program or
activity;
(2) may require or encourage any Federal contractor or
subcontractor to intentionally discriminate against, or grant a
preference to, any individual or group based in whole or in
part on race, color, national origin, or sex; or
(3) may enter into a consent decree that requires,
authorizes, or permits any activity prohibited by paragraph (1)
or (2).
SEC. 3. RECRUITMENT AND ENCOURAGEMENT OF BIDS.
Nothing in this Act shall be construed to prohibit or limit any
effort by the Federal Government or any officer, employee, or
department or agency of the Federal Government--
(1) to recruit qualified women or qualified minorities into
an applicant pool for Federal employment or to encourage
businesses owned by women or by minorities to bid for Federal
contracts or subcontracts, if such recruitment or encouragement
does not involve using a numerical objective, or otherwise
granting a preference, based in whole or in part on race,
color, national origin, or sex, in selecting any individual or
group for the relevant employment, contract or subcontract,
benefit, opportunity, or program; or
(2) to require or encourage any Federal contractor or
subcontractor to recruit qualified women or qualified
minorities into an applicant pool for employment or to
encourage businesses owned by women or by minorities to bid for
Federal contracts or subcontracts, if such requirement or
encouragement does not involve using a numerical objective, or
otherwise granting a preference, based in whole or in part on
race, color, national origin, or sex, in selecting any
individual or group for the relevant employment, contract or
subcontract, benefit, opportunity, or program.
SEC. 4. RULES OF CONSTRUCTION.
(a) Historically Black Colleges and Universities.--Nothing in this
Act shall be construed to prohibit or limit any act that is designed to
benefit an institution that is a historically Black college or
university on the basis that the institution is a historically Black
college or university.
(b) Indian Tribes.--Nothing in this Act shall be construed to
prohibit or limit any action taken--
(1) pursuant to a law enacted under the constitutional
powers of Congress relating to the Indian tribes; or
(2) under a treaty between an Indian tribe and the United
States.
(c) Bona Fide Occupational Qualification, Privacy, and National
Security Concerns.--Nothing in this Act shall be construed to prohibit
or limit any classification based on sex if--
(1) sex is a bona fide occupational qualification
reasonably necessary to the normal operation of the Federal
Government entity or Federal contractor or subcontractor
involved;
(2) the classification is designed to protect the privacy
of individuals; or
(3)(A) the occupancy of the position for which the
classification is made, or access to the premises in or on
which any part of the duties of such position is performed or
is to be performed, is subject to any requirement imposed in
the interest of the national security of the United States
under any security program in effect pursuant to or
administered under any Act or any Executive order of the
President; or
(B) the classification is applied with respect to a member
of the Armed Forces serving on active duty in a theatre of
combat operations (as determined by the Secretary of Defense).
SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
head of each department or agency of the Federal Government, in
consultation with the Attorney General, shall review all existing
policies and regulations that such department or agency head is charged
with administering, modify such policies and regulations to conform to
the requirements of this Act, and report to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the results of the review and any modifications
to the policies and regulations.
SEC. 6. REMEDIES.
(a) In General.--In any action involving a violation of this Act, a
court may award only injunctive or equitable relief (including but not
limited to back pay), a reasonable attorney's fee, and costs.
(b) Construction.--Nothing in this section shall be construed to
affect any remedy available under any other law.
SEC. 7. EFFECT ON PENDING MATTERS.
(a) Pending Cases.--This Act shall not affect any case pending on
the date of enactment of this Act.
(b) Pending Contracts, Subcontracts, and Consent Decrees.--This Act
shall not affect any contract, subcontract, or consent decree in effect
on the date of enactment of this Act, including any option exercised
under such contract or subcontract before or after such date of
enactment.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) Federal government.--The term ``Federal Government''
means the executive and legislative branches of the Government
of the United States.
(2) Grant a preference.--The term ``grant a preference''
means use of any preferential treatment and includes but is not
limited to any use of a quota, set-aside, numerical goal,
timetable, or other numerical objective.
(3) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution, as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)). | Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference.
Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations.
Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs. | {"src": "billsum_train", "title": "Equal Opportunity Act of 1995"} | 1,364 | 256 | 0.659746 | 2.123994 | 0.864491 | 3.24537 | 5.703704 | 0.884259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artists' Contribution to American
Heritage Act of 2001''.
SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Artists' Contribution to American Heritage Act of 2001 - Amends the Internal Revenue Code to provide a fair market value (determined at time of contribution) deduction for charitable contributions of literary, musical, artistic, scholarly compositions, or the copyright created by a qualifying donor. Exempts certain non-personal letters and memorandum from such treatment.Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor."} | 1,035 | 102 | 0.563052 | 1.388842 | 0.641817 | 2.207317 | 11.939024 | 0.841463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deadly Biological Agent Control Act
of 2001''.
SEC. 2. BIOLOGICAL WEAPONS.
(a) Select Agents.--Section 175 of title 18, United States Code, is
amended by striking subsection (b) and inserting the following:
``(b) Select Agents.--
``(1) Uncertified possession.--Whoever knowingly possesses
a select agent without obtaining a certification from the
Department of Health and Human Services under section 511(f) of
the Antiterrorism and Effective Death Penalty Act of 1996,
shall be fined under this title, imprisoned for not more than 5
years, or both.
``(2) Transfer to uncertified person.--Any research
facility that knowingly transfers a select agent to an entity
that has not obtained a certification from the Department of
Health and Human Services under section 511(f) of the
Antiterrorism and Effective Death Penalty Act of 1996, shall be
fined under this title, imprisoned for not more than 5 years,
or both.
``(c) Definitions.--In this section:
``(1) Biological agent; toxin.--The terms `biological
agent' and `toxin' have the same meanings given those terms in
section 178, except that, for purposes of subsection (b), if
the biological agent or toxin has not been cultivated,
cultured, collected, or otherwise extracted from its natural
source, those terms do not include any biological agent or
toxin that is in its naturally occurring environment.
``(2) For use as a weapon.--The term `for use as a weapon'
includes the development, production, transfer, acquisition,
retention, or possession of any biological agent, toxin, or
delivery system, other than for prophylactic, protective, or
other peaceful purposes.
``(3) Select agent.--The term `select agent' means a
biological agent or toxin that--
``(A) is included on the list established under
section 511(d)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996; and
``(B) is not possessed by a health, research, or
other entity listed under subparagraph (C) or (D) of
section 511(f)(2) of that Act.''.
(b) List of Biological Toxins.--Section 511(d) of the Antiterrorism
and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended
to read as follows:
``(d) Regulatory Control of Biological Agents.--
``(1) List of biological agents and toxins.--The Secretary,
in consultation with the Secretary of Defense, Attorney
General, and other appropriate Federal officials, shall--
``(A) annually review the existing list of select
agents; and
``(B) if necessary, revise that existing list of
select agents.
``(2) Criteria.--In determining whether to include a
biological agent or toxin on the list established under
paragraph (1), the Secretary shall--
``(A) consider--
``(i) the effect on human health of
exposure to each biological agent or toxin;
``(ii) the degree of contagiousness of each
biological agent or toxin and the methods by
which each biological agent or toxin is
transferred to humans;
``(iii) the availability and effectiveness
of vaccines and therapies to treat or prevent
any illness resulting from infection by or
exposure to each biological agent or toxin;
``(iv) the potential use of each biological
agent or toxin in a bioterrorist attack on the
civilian population; and
``(v) any other criteria that the Secretary
considers appropriate; and
``(B) consult with scientific experts who represent
appropriate professional groups.
``(3) Prioritization of countermeasures.--The Secretary
shall prioritize countermeasures, including vaccines,
therapies, medical devices, and diagnostic tests which must be
developed, produced, or obtained in preparation for a
bioterrorist attack or other significant disease emergency in
order to treat, prevent, or identify infection by, or exposure
to, biological agents and toxins, listed pursuant to this
subsection.''.
(c) Regulation of Possession of Biological Agents and Toxins.--
Section 511(f) of the Antiterrorism and Effective Death Penalty Act of
1996 (42 U.S.C. 262 note) is amended to read as follows:
``(f) Possession and Use of Listed Biological Agents and Toxins.--
``(1) Standards and procedures.--The Secretary shall
provide for the establishment and enforcement of standards and
procedures governing the possession and use of biological
agents and toxins listed pursuant to subsection (d)(1), in
order to protect the health and safety of the public, including
safeguards to prevent access to those biological agents and
toxins for use in domestic or international terrorism, or for
any other criminal purpose.
``(2) Certification.--
``(A) In general.--The Secretary shall establish a
certification process for the possession and use of
biological agents and toxins listed pursuant to
subsection (d)(1).
``(B) Possession.--Except as provided in
subparagraph (C), the certification process established
under subparagraph (A) shall prohibit any individual
from knowingly possessing biological agents or toxins
listed pursuant to subsection (d)(1).
``(C) Exception.--A health, research, or other
entity may possess a biological toxin or agent listed
pursuant to subsection (d)(1), if that entity is
described in subparagraph (D) or (E).
``(D) Legitimate purpose.--A health, research, or
other entity is described in this subparagraph, if--
``(i) the health, research, or other entity
is certified as legitimate by the Department of
Health and Human Services;
``(ii) the research facility has a
legitimate research or other peaceful purpose
for possessing the biological agent or toxin;
``(iii) the research facility submits to
periodic site inspections; and
``(iv) the health, research, or other
entity demonstrates the establishment and
enforcement of safety procedures for the
possession of biological agents or toxins
listed pursuant to subsection (d), including
measures to ensure--
``(I) proper training and
appropriate skills for handling the
biological agents and toxins;
``(II) proper laboratory facilities
to contain and dispose of the
biological agents and toxins; and
``(III) safeguards to prevent
access to the biological agents and
toxins for use in domestic or
international terrorism, or for any
other criminal purpose.
``(E) Diagnostic or verification purpose.--A
health, research, or other entity is described in this
subparagraph, if the entity--
``(i) possesses the biological agent or
toxin as part of a clinical specimen intended
for diagnostic or verification purposes;
``(ii) transfers the biological agent or
toxin to another entity that is certified under
this subsection, or disposes of the biological
agent or toxin within 72 hours in accordance
with section 72.6(i) of title 42, Code of
Federal Regulations; and
``(iii) reports the presence of the
biological agent or toxin to the Centers for
Disease Control.
``(3) Research facilities.--
``(A) In general.--Any individual who handles
biological agents or toxins in an entity certified
under this subsection shall--
``(i) pass a criminal background check,
which shall include a determination of whether
that individual is a restricted person (as that
term is defined in section 175b of title 18,
United States Code); and
``(ii) be registered with the Department of
Health and Human Services for the specific
research project that requires the use of biological agents or toxins.
``(B) Penalties.--
``(i) Research facilities.--Any entity that
is certified under this subsection and permits
a restricted person, as that term is defined in
section 175b of title 18, United States Code,
to handle or access biological agents or toxins
may be subject to decertification by the
Department of Health and Human Services and
civil penalties in an amount not to exceed
$500,000.
``(ii) Supervisory personnel.--Supervisory
personnel in an entity that is certified under
this subsection, who knowingly permit a
restricted person, as that term is defined in
section 175b of title 18, United States Code,
to handle or access biological agents or toxins
shall be subject to civil penalties in an
amount not to exceed $250,000 and shall be
imprisoned for not more than 1 year.''.
(d) Civil Penalties.--Section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended
by--
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following:
``(g) Civil Penalty.--A person who violates subsection (e) or (f)
shall be subject to the United States for a civil penalty in an amount
not to exceed $250,000 in the case of an individual and $500,000 in the
case of an entity certified under subsection (f).''.
(e) Section 511.--
(1) In general.--Section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996 (42 U.S.C 262 note) is
amended--
(A) in subsection (e)--
(i) by inserting ``and toxins'' after
``agents'' each place that term appears; and
(ii) by inserting ``or toxin'' after
``agent'' each place that term appears; and
(B) in subsection (h)(1), as redesignated by this
Act, by striking ``the term `biological agent' has''
and inserting ``the terms `biological agent' and
`toxin' have''.
(2) Effective date.--The amendments made by this subsection
shall be deemed to have the same effective date as section 511
of the Antiterrorism and Effective Death Penalty Act of 1996
(42 U.S.C. 262 note).
(f) Conforming Amendments.--Section 511(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``,
through regulation promulgated under subsection (f),''; and
(2) in the heading, by striking ``Agents'' and inserting
``Agents and Toxins''.
SEC. 3. INTERIM RULE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall
promulgate an interim final rule for carrying out section 511(d) of the
Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262
note), as amended by this Act.
(b) Effective Date.--The interim final rule promulgated under
subsection (a) shall take effect 60 days after the date on which the
rule is promulgated, including for purposes of--
(1) section 175(b)(1) of title 18, United States Code
(relating to criminal penalties), as added by this Act; and
(2) section 511(g) of the Antiterrorism and Effective Death
Penalty Act of 1996 (relating to civil penalties), as added by
this Act.
SEC. 4. REGISTRATION OF BIOLOGICAL AGENTS AND TOXINS.
In the case of a research facility that, as of the date of
enactment of this Act, is in possession of a biological agent or toxin
that is listed pursuant to section 511(d) of the Antiterrorism and
Effective Death Penalty Act of 1996, as amended by this Act, that
research facility shall, in accordance with the interim final rule
promulgated under section 3, submit an application for certification
under section 511(f) of the Antiterrorism and Effective Death Penalty
Act of 1996, not later than 30 days after the date on which the rule is
promulgated. | Deadly Biological Agent Control Act of 2001 - Revises Federal criminal code provisions regarding biological weapons to set penalties for: (1) knowingly possessing a select biological agent or toxin (select agent) without obtaining a certification from the Department of Health and Human Services (HHS) under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and (2) any research facility knowingly transferring a select agent to an entity that has not obtained such certification.Amends the AEDPA to direct the Secretary of HHS to: (1) annually review the existing list of select agents and, if necessary, revise the list; (2) prioritize countermeasures, including vaccines, therapies, medical devices, and diagnostic tests which must be developed, produced, or obtained in preparation for a bioterrorist attack or other significant disease emergency to treat, prevent, or identify infection by, or exposure to, listed biological agents and toxins (listed agents); and (3) provide for the establishment and enforcement of standards and procedures governing the possession and use of listed agents.Requires the Secretary to establish a certification process for the possession and use of listed agents. Sets forth legitimate purposes. Requires any individual who handles listed agents to pass a criminal background check, including a determination of whether that individual is a restricted person, and to be registered with the Department of HHS for the specific research project that requires the use of biological agents or toxins.Sets penalties for violations. | {"src": "billsum_train", "title": "A bill to set up a certification system for research facilities that possess dangerous biological agents and toxins, and for other purposes."} | 2,776 | 322 | 0.573171 | 1.680557 | 0.736726 | 5.09319 | 8.738351 | 0.935484 |
TITLE I--EXTENSIONS OF AUTHORITY
SEC. 101. EXTENSION OF AUTHORITIES UNDER TITLE 38, UNITED STATES CODE.
(a) Authority To Provide Priority Health Care for Certain Veterans
Exposed to Toxic Substances.--(1) Section 1710(e)(3) of title 38,
United States Code, is amended by striking out ``after June 30, 1995,''
and all that follows through ``December 31, 1995'' and inserting in
lieu thereof ``after December 31, 1996''.
(2) Section 1712(a)(1)(D) of such title is amended by striking out
``December 31, 1995,'' and inserting in lieu thereof ``December 31,
1996,''.
(b) Drug and Alcohol Abuse and Dependence.--Section 1720A(e) of
such title is amended by striking out ``December 31, 1995'' and
inserting in lieu thereof ``December 31, 1997''.
(c) Pilot Program for Noninstitutional Alternatives to Nursing Home
Care.--Section 1720C(a) of such title is amended by striking out
``September 30, 1995,'' and inserting in lieu thereof ``December 31,
1997,''.
(d) Negotiated Interest Rates.--Section 3703(c)(4) of such title is
amended by striking out subparagraph (D).
(e) Mortgages for Energy Efficient Improvements.--Section 3710(d)
of such title is amended by striking out paragraph (7).
(f) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2) of such
title is amended by striking out ``December 31, 1995'' and inserting in
lieu thereof ``December 31, 1996''.
(g) Authority of Lenders of Automatically Guaranteed Loans To
Review Appraisals.--Section 3731(f) of such title is amended by
striking out paragraph (3).
(h) Agreements for Housing Assistance for Homeless Veterans.--
Section 3735(c) of such title is amended by striking out ``December 31,
1995'' and inserting in lieu thereof ``December 31, 1997''.
(i) Use of Data on Compensation for Certified Registered Nurse
Anesthetists.--Section 7451(d)(3)(C)(iii) of such title is amended by
striking out ``April 1, 1995'' and inserting in lieu thereof ``January
1, 1998''.
(j) Health Professional Scholarship Program.--Section 7618 of such
title is amended by striking out ``December 31, 1995'' and inserting in
lieu thereof ``December 31, 1997''.
(k) Enhanced-Use Leases of Real Property.--Section 8169 of such
title is amended by striking out ``December 31, 1995'' and inserting in
lieu thereof ``December 31, 1997''.
SEC. 102. EXTENSION OF AUTHORITIES UNDER OTHER PROVISIONS OF LAW.
(a) Authority for Community-Based Residential Care for Homeless
Chronically Mentally Ill Veterans and Other Veterans.--Section 115(d)
of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712
note) is amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``December 31, 1997''.
(b) Demonstration Program of Compensated Work Therapy.--Section
7(a) of Public Law 102-54 (38 U.S.C. 1718 note) is amended by striking
out ``fiscal years 1991 through 1995'' and inserting in lieu thereof
``the period beginning on October 1, 1991, and ending on December 31,
1997,''.
(c) Services and Assistance to Homeless Veterans.--The Homeless
Veterans Comprehensive Service Programs Act of 1992 (Public Law 102-
590; 38 U.S.C. 7721 note) is amended--
(1) in section 2, by striking out ``September 30, 1995,'' and
inserting in lieu thereof ``September 30, 1997,'';
(2) in section 3(a)--
(A) by inserting ``(1)'' before ``Subject to'';
(B) by striking out ``fiscal years 1993, 1994, and 1995,'';
and
(C) by adding at the end the following new paragraph:
``(2) The authority of the Secretary to make grants under this
section expires on September 30, 1997.''; and
(3) in section 12, by striking out ``each of the fiscal years
1993, 1994, and 1995'' and inserting in lieu thereof ``each of
fiscal years 1993 through 1997''.
(d) Homeless Veterans' Reintegration Projects.--(1) Section
738(e)(1) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11448(e)(1)) is amended by adding at the end the following:
``(D) $10,000,000 for fiscal year 1996.''.
(2) Section 741 of such Act (42 U.S.C. 11450) is amended by
striking out ``October 1, 1995'' and inserting in lieu thereof
``December 31, 1997''.
SEC. 103. RATIFICATION OF ACTIONS TAKEN DURING PERIOD OF EXPIRED
AUTHORITY.
Any action taken by the Secretary of Veterans Affairs before the
date of the enactment of this Act under a provision of law amended by
this title that was taken during the period beginning on the date on
which the authority of the Secretary under that provision of law
expired and ending on the date of the enactment of this Act shall be
considered to have the same force and effect as if the amendment to
that provision of law made by this title had been in effect at the time
of that action.
TITLE II--OTHER PROVISIONS
SEC. 201. CODIFICATION OF HOUSING REPORTING REQUIREMENTS AND CHANGES IN
THEIR FREQUENCY.
(a) Codification of Housing Related Reporting Requirements.--(1)
Chapter 37 of title 38, United States Code, is amended by adding after
section 3735 the following new section:
``Sec. 3736. Reporting requirements
``The annual report required by section 529 of this title shall
include a discussion of the activities under this chapter. Beginning
with the report submitted at the close of fiscal year 1996, and every
second year thereafter, this discussion shall include information
regarding the following:
``(1) Loans made to veterans whose only qualifying service was
in the Selected Reserve.
``(2) Interest rates and discount points which were negotiated
between the lender and the veteran pursuant to section
3703(c)(4)(A)(i) of this title.
``(3) The determination of reasonable value by lenders pursuant
to section 3731(f) of this title.
``(4) Loans that include funds for energy efficiency
improvements pursuant to section 3710(a)(10) of this title.
``(5) Direct loans to Native American veterans made pursuant to
subchapter V of this chapter.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3735 the
following new item:
``3736. Reporting requirements.''.
(b) Repeal of Superseded Reporting Requirements.--The Veterans Home
Loan Program Amendments of 1992 (Public Law 102-547; 106 Stat. 3633) is
amended by striking out sections 2(c), 3(b), 8(d), 9(c), and 10(b).
SEC. 202. OTHER REPORT REQUIREMENTS.
(a) Report on Consolidation of Certain Programs.--The Secretary of
Veterans Affairs shall submit to Congress, not later than March 1,
1997, a report on the advantages and disadvantages of consolidating
into one program the following three programs:
(1) The alcohol and drug abuse contract care program under
section 1720A of title 38, United States Code.
(2) The program to provide community-based residential care to
homeless chronically mentally ill veterans under section 115 of the
Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note).
(3) The demonstration program under section 7 of Public Law
102-54 (38 U.S.C. 1718 note).
(b) Health Professional Scholarship Program.--(1) The Secretary
shall submit to Congress, not later than March 31, 1997, a report
setting forth the results of a study evaluating the operation of the
health professional scholarship program under subchapter II of chapter
76 of title 38, United States Code. The study shall evaluate the
efficacy of the program with respect to recruitment and retention of
health care personnel for the Department of Veterans Affairs and shall
compare the costs and benefits of the program with the costs and
benefits of alternative methods of ensuring adequate recruitment and
retention of such personnel.
(2) The Secretary shall carry out the study under this paragraph
through a private contractor. The report under paragraph (1) shall
include the report of the contractor and the comments, if any, of the
Secretary on that report.
(c) Enhanced Use Leases.--The Secretary shall submit to Congress,
not later than March 31, 1997, a report evaluating the operation of the
program under subchapter V of chapter 81 of title 38, United States
Code.
SEC. 203. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY MEMORIAL HOSPITAL.
(a) Authority To Contract.--Subject to subsection (b), the
Secretary of Veterans Affairs may enter into contracts for the
provision of utilities (including steam and chilled water) to the Audie
L. Murphy Memorial Hospital in San Antonio, Texas. Each such contract
may--
(1) be for a period not to exceed 35 years;
(2) provide for the construction and operation of a production
facility on or near property under the jurisdiction of the
Secretary;
(3) require capital contributions by the parties involved for
the construction of such a facility, such contribution to be in the
form of cash, equipment, or other in-kind contribution; and
(4) provide for a predetermined formula to compute the cost of
providing such utilities to the parties for the duration of the
contract.
(b) Funds.--A contract may be entered into under subsection (a)
only to the extent as provided for in advance in appropriations Acts.
(c) Additional Terms.--The Secretary may include in a contract
under subsection (a) such additional provisions as the Secretary
considers necessary to secure the provision of utilities and to protect
the interests of the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Extensions of Authority
Title II: Other Provisions
Title I: Extensions of Authority
- Extends through December 31, 1996, the authority of the Department of Veterans Affairs to: (1) provide priority hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; (2) provide outpatient services to such veterans; and (3) guarantee the payment of principal and interest on certificates or other securities evidencing an interest in a pool of Department-guaranteed mortgage loans made in connection with the sale of properties represented by such loans.
Extends through December 31, 1997, Department authority to: (1) contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) provide a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care; (3) enter into agreements with nonprofit organizations and State and local governments to assist homeless veterans and their families to obtain shelter; (4) provide a health professionals scholarship program; (5) enter into enhanced use leases of Department real property; and (6) use data on local compensation rates for determining the pay rates of certified registered nurse anesthetists.
Repeals a Federal provision authorizing: (1) the veteran and the mortgagee to negotiate the interest rate on a Department-guaranteed loan; and (2) a lender on such a loan to appraise the property which is the basis for the loan.
Amends the Veterans' Benefits and Services Act of 1988 to extend through December 31, 1997, the authority to use community-based residential care for the treatment of homeless chronically mentally ill veterans and other veterans. Extends through such date the Department's compensated work therapy and therapeutic transitional housing program.
Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to extend through September 30, 1997, the authority for a pilot program (and grants made under the program) to expand and improve Department benefits and services to homeless veterans.
Amends the Stewart B. McKinney Homeless Assistance Act to extend through December 31, 1997, the authority for homeless veterans' reintegration projects.
Ratifies any actions taken by the Secretary before the enactment of this Act during any periods of expired authority for programs and projects amended by this Act.
Title II: Other Provisions
- Requires, within an annual fiscal report from the Secretary to the Congress, the inclusion of a discussion of Department housing and small business loans made to veterans. Repeals superseded reporting requirements under the Veterans Home Loan Program Amendments of 1992.
Directs the Secretary to report to the Congress: (1) on the advantages and disadvantages of consolidating into one program the alcohol and drug abuse program, the program to provide community-based residential care to homeless chronically mentally ill veterans, and the demonstration program of compensated work therapy and therapeutic transitional housing; (2) the results of a study evaluating the operation of the health professionals scholarship program; and (3) evaluating the operation of the Department's real property enhanced use lease program.
Authorizes the Secretary to enter into contracts for the provision of utilities to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Outlines contract requirements, including a contract term limit of no more than 35 years. Allows such contracts only to the extent provided for in advance in appropriations Acts. | {"src": "billsum_train", "title": "An Act to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to carry out certain programs and activities, and for other purposes."} | 2,398 | 719 | 0.600346 | 2.059036 | 0.717019 | 2.503759 | 3.087218 | 0.837594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Improper Payments
Coordination Act of 2015''.
SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE JUDICIAL AND
LEGISLATIVE BRANCHES AND STATES.
Section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (31 U.S.C. 3321 note) is amended--
(1) in subsection (b)(3)--
(A) in the paragraph heading, by striking ``by
agencies''; and
(B) by adding at the end the following: ``States
and any contractor, subcontractor, or agent of a State,
and the judicial and legislative branches of the United
States (as defined in paragraphs (2) and (3),
respectively, of section 202(e) of title 18, United
States Code), shall have access to, and use of, the Do
Not Pay Initiative for the purpose of verifying payment
or award eligibility for payments (as defined in
section 2(g)(3) of the Improper Payments Information
Act of 2002 (31 U.S.C. 3321 note)) when, with respect
to a State, the Director of the Office of Management
and Budget determines that the Do Not Pay Initiative is
appropriately established for that State and any
contractor, subcontractor, or agent of the State, and,
with respect to the judicial and legislative branches
of the United States, when the Director of the Office
of Management and Budget determines that the Do Not Pay
Initiative is appropriately established for the
judicial branch or the legislative branch, as
applicable. To ensure consistency with the principles
of section 552a of title 5, United States Code
(commonly known as the Privacy Act of 1974) the
Director of the Office of Management and Budget may
issue guidance that establishes privacy and other
requirements that shall be incorporated into Do Not Pay
Initiative access agreements with States, including any
contractor, subcontractor, or agent of a State, and the
judicial and legislative branches of the United
States.''; and
(2) in subsection (d)(2)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (C) the
following:
``(D) may include States and their quasi-government
entities, and the judicial and legislative branches of
the United States (as defined in paragraphs (2) and
(3), respectively, of section 202(e) of title 18,
United States Code) as users of the system in
accordance with subsection (b)(3).''.
SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT AGENCIES TO
CURB IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended--
(1) in section 5(a)(2), by striking subparagraph (A) and
inserting the following:
``(A) The death records maintained by the
Commissioner of Social Security.''; and
(2) by adding at the end the following:
``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES FOR CURBING
IMPROPER PAYMENTS.
``(a) Prompt Reporting of Death Information by the Department of
State and the Department of Defense.--Not later than 1 year after the
date of enactment of this section, the Secretary of State and the
Secretary of Defense shall establish a procedure under which each
Secretary shall, promptly and on a regular basis, submit information
relating to the deaths of individuals to each agency for which the
Director of the Office of Management and Budget determines receiving
and using such information would be relevant and necessary.
``(b) Guidance to Agencies Regarding Data Access and Use for
Improper Payments Purposes.--
``(1) In general.--Not later than 12 months after the date
of enactment of this section, the Director of the Office of
Management and Budget, in consultation with the Council of the
Inspectors General on Integrity and Efficiency, the heads of
other relevant Federal, State, and local agencies, and Indian
tribes and tribal organizations, as appropriate, shall issue
guidance regarding implementation of the Do Not Pay Initiative
under section 5 to--
``(A) the Department of the Treasury; and
``(B) each agency or component of an agency--
``(i) that operates or maintains a database
of information described in section 5(a)(2); or
``(ii) for which the Director determines
improved data matching would be relevant,
necessary, or beneficial.
``(2) Requirements.--The guidance issued under paragraph
(1) shall--
``(A) address the implementation of subsection (a);
and
``(B) include the establishment of deadlines for
access to and use of the databases described in section
5(a)(2) under the Do Not Pay Initiative.''.
SEC. 4. DATA ANALYTICS.
Section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by adding at
the end the following:
``(h) Report on Improper Payments Data Analysis.--Not later than
180 days after the date of enactment of the Federal Improper Payments
Coordination Act of 2015, the Secretary of the Treasury shall submit to
Congress a report which shall include a description of--
``(1) data analytics performed as part of the Do Not Pay
Business Center operated by the Department of the Treasury for
the purpose of detecting, preventing, and recovering improper
payments through preaward, postaward prepayment, and
postpayment analysis, which shall include a description of any
analysis or investigations incorporating--
``(A) review and data matching of payments and
beneficiary enrollment lists of State programs carried
out using Federal funds for the purposes of identifying
eligibility duplication, residency ineligibility,
duplicate payments, or other potential improper payment
issues;
``(B) review of multiple Federal agencies and
programs for which comparison of data could show
payment duplication; and
``(C) review of other information the Secretary of
the Treasury determines could prove effective for
identifying, preventing, or recovering improper
payments, which may include investigation or review of
information from multiple Federal agencies or programs;
``(2) the metrics used in determining whether the analytic
and investigatory efforts have reduced, or contributed to the
reduction of, improper payments or improper awards; and
``(3) the target dates for implementing the data analytics
operations performed as part of the Do Not Pay Business
Center.''. | Federal Improper Payments Coordination Act of 2015 (Sec. 2) This bill amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to: (1) extend the availability of the Do Not Pay Initiative to the judicial and legislative branches and to the states; and (2) authorize the Office of Management and Budget (OMB) to issue guidance that establishes privacy requirements that shall be incorporated into Do Not Pay Initiative access agreements with states and the judicial and legislative branches. (Sec. 3) The Departments of Defense and State must submit, promptly and on a regular basis, relevant information on the deaths of individuals. The OMB, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant federal, state, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Initiative to the Department of the Treasury and each agency or component of an agency: (1) that operates or maintains a database of death records maintained by the Social Security Administration; or (2) for which the OMB determines improved data matching would be relevant, necessary, or beneficial. (Sec. 4) Treasury must report to Congress on: data analytics performed as part of the Do Not Pay Business Center operated by Treasury for the purpose of detecting, preventing, and recovering improper payments through pre-award, post-award prepayment, and post-payment analysis; the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center. | {"src": "billsum_train", "title": "Federal Improper Payments Coordination Act of 2015"} | 1,509 | 359 | 0.575526 | 1.940755 | 0.851612 | 5.89697 | 4.142424 | 0.945455 |
SECTION 1. AMENDMENT TO THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS.
(a) Temporary Absence of Officials Clarified.--Section 14 of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1595) is amended
by adding at the end the following new subsection:
``(g) The laws of the Virgin Islands may define whether an absence
from the Virgin Islands of the Governor or the Lieutenant Governor,
while on official business, is a `temporary absence' for purposes of
this section.''.
(b) Short Term Borrowing Authorization.--Section 8(b) of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1574(b)) is
amended by adding at the end the following:
``(iv) The legislature of the government of the Virgin Islands may
issue notes in anticipation of the collection of taxes and revenues for
the current year, but the principal amount of such notes may not exceed
the anticipated taxes and revenues for such year. Such notes shall
mature and be redeemed not later than 1 year from the date of issue. No
extension of such notes shall be valid and no additional notes shall be
issued under this authority until the outstanding principal and
interest on all notes issued under this authority during preceding
years has been paid.''.
SEC. 2. AMENDMENT TO P.L. 94-392.
(a) Priority of Bonds.--Section 3 of Public Law 94-392 (48 U.S.C.
1574c) is amended--
(1) by striking ``priority for payment'' and inserting ``a
parity lien with every other issue of bonds or other
obligations issued for payment''; and
(2) by striking ``in the order of the date of issue''.
(b) Effective date.--The amendments made by subsection (a) shall
apply to obligations issued on or after the date of enactment of this
Act.
SEC. 3. VIRGIN ISLANDS DEVELOPMENT ACT.
(a) Short Title.--This section may be cited as the ``Virgin Islands
Development Act of 1997''.
(b) Establishment of Commission.--There is established a commission
to be known as the ``Commission on the Economic Future of the Virgin
Islands'' (in this Act referred to as the ``Commission'').
(c) Appointed Members.--(1) The Commission shall consist of 6
members who shall be appointed by the President.
(2) The members appointed pursuant to paragraph (1) shall have a
background and experience which shall enable them to contribute to
achievement of the purposes of the Commission.
(3) 3 of the members appointed pursuant to paragraph (1) shall be
selected from nominations made by the Governor of the Virgin Islands.
(d) Ex-Officio Member.--The Secretary of the Interior shall be an
ex-officio member of the Commission.
(e) Chairperson.--The President shall designate 1 member from among
the members appointed pursuant to subsection (c)(1) the Chairperson of
the Committee. Subject to general policies of the Commission, the
Chairperson shall be the chief executive officer of the Commission and
shall exercise the executive and administrative powers of the
Commission. The Chairperson may delegate the performance of such
executive and administrative functions to the staff of the Commission.
(f) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment was made.
(g) Compensation.--Members of the Commission shall serve without
compensation, but shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the performance of their
duties.
(h) Powers.--The Commission may--
(1) hold hearings, sit and act at such times and places,
take such testimony, and receive evidence as the Committee
considers appropriate;
(2) use the United States mail in the same manner and under
the same conditions as departments and agencies of the United
States; and
(3) with available funds, incur such expenses and enter
into contracts or agreements to carry out the duties of the
Commission.
(i) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, office space, furnishings,
equipment, staff, and other administrative services.
(j) Assistance of Federal Agencies and Departments.--Upon request
of the Commission, the President may direct the head of any Federal
agency or department to assist the Commission and if so directed such
head shall--
(1) furnish, upon request of the Commission, information--
(A) that may be necessary for carrying out the
functions of the Commission;
(B) to the extent permitted by law;
(C) within available appropriations; and
(D) that is available to or procurable by such
department or agency; and
(2) detail to temporary duty with the Commission, on a
reimbursable basis, such personnel as the Commission may need
to carry out its duties. Each such detail shall be without loss
of seniority, pay, or other employee status.
(k) Duties.--(1) The Commission shall make recommendations to the
President and Congress on the policies and actions necessary to provide
for a secure and self-sustaining future for the local economy of the
Virgin Islands through 2020 and on the role of the Federal Government.
(2) In developing recommendations pursuant to paragraph (1), the
Commission shall--
(A) solicit and analyze information on projected private
sector development and shifting tourism trends based on
alternative forecasts of economic, political, and social
conditions in the Caribbean, including the possible effect of
expansion in the near future of Cuba in trade, tourism, and
development;
(B) analyze capital infrastructure, education, social,
health, and environmental needs in light of the forecasts
described in subparagraph (A);
(C) analyze of the capability of the Virgin Islands to meet
needs which are projected based on the analysis pursuant to
subparagraphs (A) and (B); and
(D) assemble relevant demographic, economic, and revenue
and expenditure data for the years 1972 through 1997.
(3) The Commission shall transmit a report which includes its
recommendations made pursuant to this section to the President, the
Committee on Energy and Natural Resources of the Senate, and the
Committee on Resource of the House of Representatives no later than
June 30, 1999. The report shall set forth the basis for the
recommendations and include the analysis made pursuant to paragraph
(2)(C).
(l) Funding.--There is hereby authorized to be appropriated to the
Secretary of the Interior $300,000 per year, in fiscal years 1998 and
1999 for the work of the Commission.
(m) Termination.--The Commission shall terminate 3 months after the
report is transmitted pursuant to section (3)(k)(3). | Amends the Revised Organic Act of the Virgin Islands to authorize the laws of the Virgin Islands to define whether an absence from the Virgin Islands of either the Governor or the Lieutenant Governor while on official business is construed as a "temporary absence" involving a surrender of authority and power.
Authorizes the Virgin Islands legislature to issue short-term notes in anticipation of the collection of taxes and revenues for the current year. Limits the principal amount of such notes to the anticipated taxes and revenues for such year.
Amends a specified Act to revise bond priority guidelines to declare that Virgin Islands revenue bonds, instead of the current priority for payment in the order of the date of issue, shall have a parity lien with every other subsequently issued obligation.
Virgin Islands Development Act of 1997 - Establishes the Commission on the Economic Future of the Virgin Islands to make recommendations to the President and the Congress on policies and actions for a secure and self-sustaining future for the local economy of the Virgin Islands through 2020, as well as on the Federal role in providing that future. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Revised Organic Act of the Virgin Islands, and for other purposes."} | 1,477 | 237 | 0.663095 | 1.820881 | 0.78811 | 4.412322 | 6.511848 | 0.876777 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Infusion Therapy
Access Act of 2017''.
SEC. 2. HOME INFUSION THERAPY SERVICES TEMPORARY TRANSITIONAL PAYMENT.
(a) In General.--Section 1834(u) of the Social Security Act (42
U.S.C. 1395m(u)) is amended, by adding at the end the following new
paragraph:
``(7) Home infusion therapy services temporary transitional
payment.--
``(A) Temporary transitional payment.--
``(i) In general.--The Secretary shall, in
accordance with the payment methodology
described in subparagraph (B) and subject to
the provisions of this paragraph, provide a
home infusion therapy services temporary
transitional payment under this part to an
eligible home infusion supplier (as defined in
subparagraph (F)) for items and services
described in subparagraphs (A) and (B) of
section 1861(iii)(2) furnished during the
period specified in clause (ii) by such
supplier in coordination with the furnishing of
transitional home infusion drugs (as defined in
clause (iii)).
``(ii) Period specified.--For purposes of
clause (i), the period specified in this clause
is the period beginning on January 1, 2019, and
ending on the day before the date of the
implementation of the payment system under
paragraph (1)(A).
``(iii) Transitional home infusion drug
defined.--For purposes of this paragraph, the
term `transitional home infusion drug' has the
meaning given to the term `home infusion drug'
under section 1861(iii)(3)(C), except that
clause (ii) of such section shall not apply if
a drug described in such clause is identified
in clause (i), (ii), (iii) or (iv) of
subparagraph (C) as of the date of the
enactment of this paragraph.
``(B) Payment methodology.--For purposes of this
paragraph, the Secretary shall establish a payment
methodology, with respect to items and services
described in subparagraph (A)(i). Under such payment
methodology the Secretary shall--
``(i) create the three payment categories
described in clauses (i), (ii), and (iii) of
subparagraph (C);
``(ii) assign drugs to such categories, in
accordance with such clauses;
``(iii) assign appropriate Healthcare
Common Procedure Coding System (HCPCS) codes to
each payment category; and
``(iv) establish a single payment amount
for each such payment category, in accordance
with subparagraph (D), for each infusion drug
administration calendar day in the individual's
home for drugs assigned to such category.
``(C) Payment categories.--
``(i) Payment category 1.--The Secretary
shall create a payment category 1 and assign to
such category drugs which are covered under the
Local Coverage Determination on External
Infusion Pumps (LCD number L33794) and billed
with the following HCPCS codes (as identified
as of July 1, 2017, and as subsequently
modified by the Secretary): J0133, J0285,
J0287, J0288, J0289, J0895, J1170, J1250,
J1265, J1325, J1455, J1457, J1570, J2175,
J2260, J2270, J2274, J2278, J3010, or J3285.
``(ii) Payment category 2.--The Secretary
shall create a payment category 2 and assign to
such category drugs which are covered under
such local coverage determination and billed
with the following HCPCS codes (as identified
as of July 1, 2017, and as subsequently
modified by the Secretary): J1559 JB, J1561 JB,
J1562 JB, J1569 JB, or J1575 JB.
``(iii) Payment category 3.--The Secretary
shall create a payment category 3 and assign to
such category drugs which are covered under
such local coverage determination and billed
with the following HCPCS codes (as identified
as of July 1, 2017, and as subsequently
modified by the Secretary): J9000, J9039,
J9040, J9065, J9100, J9190, J9200, J9360, or
J9370.
``(iv) Infusion drugs not otherwise
included.--With respect to drugs that are not
included in payment category 1, 2, or 3 under
clause (i), (ii), or (iii), respectively, the
Secretary shall assign to the most appropriate
of such categories, as determined by the
Secretary, drugs which are--
``(I) covered under such local
coverage determination and billed under
HCPCS code J7799 or J7999 (as
identified as of July 1, 2017, and as
subsequently modified by the
Secretary); or
``(II) billed under any code that
is implemented after the date of the
enactment of this paragraph and
included in such local coverage
determination or included in
subregulatory guidance as a home
infusion drug described in subparagraph
(A)(i).
``(D) Payment amounts.--
``(i) In general.--Under the payment
methodology, the Secretary shall pay eligible
home infusion suppliers, with respect to items
and services described in subparagraph (A)(i)
furnished during the period described in
subparagraph (A)(ii) by such supplier to an
individual, at amounts equal to the amounts
determined under the physician fee schedule
established under section 1848 for services
furnished during the year for codes and units
of such codes described in clauses (ii), (iii),
and (iv) with respect to drugs included in the
payment category under subparagraph (C)
specified in the respective clause, determined
without application of any adjustment under
such section.
``(ii) Payment amount for category 1.--For
purposes of clause (i), the codes and units
described in this clause, with respect to drugs
included in payment category 1 described in
subparagraph (C)(i), are one unit of HCPCS code
96365 plus four units of HCPCS code 96366 (as
identified as of July 1, 2017, and as
subsequently modified by the Secretary).
``(iii) Payment amount for category 2.--For
purposes of clause (i), the codes and units
described in this clause, with respect to drugs
included in payment category 2 described in
subparagraph (C)(i), are one unit of HCPCS code
96369 plus four units of HCPCS code 96370 (as
identified as of July 1, 2017, and as
subsequently modified by the Secretary).
``(iv) Payment amount for category 3.--For
purposes of clause (i), the codes and units
described in this clause, with respect to drugs
included in payment category 3 described in
subparagraph (C)(i), are one unit of HCPCS code
96413 plus four units of HCPCS code 96415 (as
identified as of July 1, 2017, and as
subsequently modified by the Secretary).
``(E) Clarifications.--
``(i) Infusion drug administration day.--
For purposes of this subsection, a reference,
with respect to the furnishing of transitional
home infusion drugs or home infusion drugs to
an individual by an eligible home infusion
supplier, to payment to such supplier for an
infusion drug administration calendar day in
the individual's home shall refer to payment
only for the date on which professional
services (as described in section
1861(iii)(2)(A)) were furnished to administer
such drugs to such individual. For purposes of
the previous sentence, an infusion drug
administration calendar day shall include all
such drugs administered to such individual on
such day.
``(ii) Treatment of multiple drugs
administered on same infusion drug
administration day.--In the case that an
eligible home infusion supplier, with respect
to an infusion drug administration calendar day
in an individual's home, furnishes to such
individual transitional home infusion drugs
which are not all assigned to the same payment
category under subparagraph (C), payment to
such supplier for such infusion drug
administration calendar day in the individual's
home shall be a single payment equal to the
amount of payment under this paragraph for the
drug, among all such drugs so furnished to such
individual during such calendar day, for which
the highest payment would be made under this
paragraph.
``(F) Eligible home infusion suppliers.--In this
paragraph, the term `eligible home infusion supplier'
means a supplier that is enrolled under this part as a
pharmacy that provides external infusion pumps and
external infusion pump supplies and that maintains all
pharmacy licensure requirements in the State in which
the applicable infusion drugs are administered.
``(G) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.''.
(b) Conforming Amendment.--Section 1842(b)(6)(I) of the Social
Security Act (42 U.S.C. 1395u(b)(6)(I)) is amended by inserting ``or,
in the case of items and services described in clause (i) of section
1834(u)(7)(A) furnished to an individual during the period described in
clause (ii) of such section, payment shall be made to the eligible home
infusion therapy supplier'' after ``payment shall be made to the
qualified home infusion therapy supplier''. | Medicare Home Infusion Therapy Access Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to temporarily provide for transitional Medicare payment with respect to certain home infusion services furnished on or after January 1, 2019. Under current law, the Center for Medicare & Medicaid Services is required to establish a permanent payment system with respect to such services furnished on or after January 1, 2021. | {"src": "billsum_train", "title": "Medicare Home Infusion Therapy Access Act of 2017"} | 2,129 | 88 | 0.586239 | 1.489235 | 0.814621 | 2.075949 | 23.683544 | 0.835443 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Dr. Rita Hocog Inos Fellowship
Act''.
SEC. 2. FELLOWSHIP PROGRAM FOR STUDENTS FROM THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
(a) Establishment of Fellowship Program.--The Secretary of the
Interior shall establish a program, to be known as the ``Dr. Rita Hocog
Inos Fellowship Program'', to award local and Federal government
fellowships to qualified students from the Commonwealth of the Northern
Mariana Islands.
(b) Fellowships.--Under the Dr. Rita Hocog Inos Fellowship Program:
(1) Types.--The Secretary may award to a qualified student
one or both of the following fellowships:
(A) Local government fellowship.--A local
government fellowship, under which the Secretary shall
assign the qualified student to an internship in an
agency or entity of the Commonwealth of the Northern
Mariana Islands.
(B) Federal fellowship.--A Federal fellowship,
under which the Secretary shall assign the qualified
student to an internship in--
(i) an Executive agency (as defined in
section 105 of title 5, United States Code); or
(ii) the office of a Representative or
Senator in, or a Delegate or Resident
Commissioner to, the Congress.
(2) Fellowship term.--The term of a fellowship shall be an
academic semester or a summer, as designated by the Secretary.
(3) Amount of fellowship.--
(A) In general.--A fellow may receive either a
stipend or academic credit toward graduation for
participating in an internship.
(B) Stipend.--The stipend for participating in an
internship shall be:
(i) $6,000 for participating under an
academic semester fellowship.
(ii) $4,000 for participating under a
summer fellowship.
(C) Fiscal years after 2010.--In the case of any
fiscal year beginning after September 30, 2010, each
dollar amount in subparagraph (B) shall be such dollar
amount in effect for the preceding fiscal year,
increased by the sum of--
(i) the percentage of the dollar amount in
effect for such preceding fiscal year that is
equal to the percentage (if any) by which--
(I) the Consumer Price Index for
the most recent calendar year ending
prior to the beginning of the fiscal
year, exceeds
(II) the Consumer Price Index for
the next previous calendar year; plus
(ii) one percent of the dollar amount in
effect for such previous year.
(4) Travel stipend.--The Secretary may provide to a fellow
a travel stipend of not more than $1,500 for each fellowship
term, based on the distance of the fellow from the internship
site.
(c) Qualified Student.--For purposes of this section, the term
``qualified student'' means a student who is--
(1) a citizen of the United States;
(2) domiciled in the Commonwealth of the Northern Mariana
Islands; and
(3) enrolled in a degree or certificate program at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
(d) Application and Selection.--Under the Dr. Rita Hocog Inos
Fellowship Program:
(1) In general.--The Secretary shall develop and administer
an application and selection process for awarding a fellowship.
(2) Priority for selection of students.--
(A) Local government fellowship.--In awarding a
local government fellowship, the Secretary shall give
priority to a qualified student who has completed a
Federal fellowship.
(B) Federal fellowship.--In awarding a Federal
fellowship, the Secretary shall give priority to a
qualified student who has completed a local government
fellowship.
(3) Selection of agencies.--The Secretary shall not assign
a fellow to an internship in an agency or office that does not
agree to provide for the fellow to engage in mandatory
activities, including--
(A) activities encouraging professional
development;
(B) job skill training;
(C) networking activities; and
(D) community service activities.
(4) Limitation on number of fellowships awarded to each
student.--A qualified student shall be awarded no more than--
(A) one local government fellowship; and
(B) one Federal fellowship.
(e) Reporting.--The Secretary shall submit to Congress, not later
than 3 years after the date of enactment of this Act, a report on the
Dr. Rita Hocog Inos Fellowship Program. The report shall include
information on--
(1) the use of funds appropriated for the purpose of
carrying out the Dr. Rita Hocog Inos Fellowship Program; and
(2) barriers to participation in the Dr. Rita Hocog Inos
Fellowship Program.
(f) Definitions.--For purposes of this section:
(1) Consumer price index.--The term ``Consumer Price
Index'' means the Consumer Price Index for All Urban Consumers
published by the Department of Labor.
(2) Fellow.--The term ``fellow'' means a student who has
been awarded a fellowship under the Dr. Rita Hocog Inos
Fellowship Program.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of the Interior, for the purpose of carrying out
the Dr. Rita Hocog Inos Fellowship Program--
(A) $1,000,000 for fiscal year 2010; and
(B) such sums as may be necessary for fiscal years
beginning after fiscal year 2010.
(2) Allocation.--The Secretary shall reserve for each
fiscal year, to fund activities under subsection (c)(3), an
amount that is not more than 10 percent and not less than 5
percent of any amount appropriated for the purpose of carrying
out the Dr. Rita Hocog Inos Fellowship Program, but in any case
not less than $50,000. | Dr. Rita Hocog Inos Fellowship Act - Directs the Secretary of the Interior to establish the Dr. Rita Hocog Inos Fellowship Program to award local government and federal government fellowships to qualified students from the Commonwealth of the Northern Mariana Islands. Defines a "qualified student" as a student who is a U.S. citizen, domiciled in that Commonwealth, and enrolled in a degree or certificate program at an institution of higher education. Allows a fellow to receive either a specified stipend or academic credit toward graduation for participating in an internship. | {"src": "billsum_train", "title": "To encourage students from the Commonwealth of the Northern Mariana Islands to become civically engaged through local and Federal government fellowships."} | 1,291 | 129 | 0.642761 | 1.892294 | 0.485765 | 4.608247 | 11.876289 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention and Deterrence of Crimes
Against Children Act of 2005''.
SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.
(a) Special Sentencing Rule.--Subsection (d) of section 3559 of
title 18, United States Code, is amended to read as follows:
``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes
Against Children.--A person who is convicted of a Federal crime of
violence against the person of an individual who has not attained the
age of 18 years shall, unless a greater mandatory minimum sentence of
imprisonment is otherwise provided by law and regardless of any maximum
term of imprisonment otherwise provided for the offense--
``(1) if the crime of violence results in the death of a
person who has not attained the age of 18 years, be sentenced
to death or life in prison;
``(2) if the crime of violence is a kidnapping, sexual
assault, or maiming, or results in serious bodily injury (as
defined in section 1365) be imprisoned for life or any term of
years not less than 30;
``(3) if the crime of violence results in bodily injury (as
defined in section 1365), be imprisoned for life or for any
term of years not less than 20;
``(4) if a dangerous weapon was used during and in relation
to the crime of violence, be imprisoned for life or for any
term of years not less than 15; and
``(5) in any other case, be imprisoned for life or for any
term of years not less than 10.''.
SEC. 3. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF
CONVICTIONS FOR KILLING A CHILD.
(a) Limits on Cases.--Section 2254 of title 28, United States Code,
is amended by adding at the end the following:
``(j)(1) A court, justice, or judge shall not have jurisdiction to
consider any claim relating to the judgment or sentence in an
application described under paragraph (2), unless the applicant shows
that the claim qualifies for consideration on the grounds described in
subsection (e)(2). Any such application that is presented to a court,
justice, or judge other than a district court shall be transferred to
the appropriate district court for consideration or dismissal in
conformity with this subsection, except that a court of appeals panel
must authorize any second or successive application in conformity with
section 2244 before any consideration by the district court.
``(2) This subsection applies to an application for a writ of
habeas corpus on behalf of a person in custody pursuant to the judgment
of a State court for a crime that involved the killing of a individual
who has not attained the age of 18 years.
``(3) For an application described in paragraph (2), the following
requirements shall apply in the district court:
``(A) Any motion by either party for an evidentiary hearing
shall be filed and served not later than 90 days after the
State files its answer or, if no timely answer is filed, the
date on which such answer is due.
``(B) Any motion for an evidentiary hearing shall be
granted or denied not later than 30 days after the date on
which the party opposing such motion files a pleading in
opposition to such motion or, if no timely pleading in
opposition is filed, the date on which such pleading in
opposition is due.
``(C) Any evidentiary hearing shall be--
``(i) convened not less than 60 days after the
order granting such hearing; and
``(ii) completed not more than 150 days after the
order granting such hearing.
``(D) A district court shall enter a final order, granting
or denying the application for a writ of habeas corpus, not
later than 15 months after the date on which the State files
its answer or, if no timely answer is filed, the date on which
such answer is due, or not later than 60 days after the case is
submitted for decision, whichever is earlier.
``(E) If the district court fails to comply with the
requirements of this paragraph, the State may petition the
court of appeals for a writ of mandamus to enforce the
requirements. The court of appeals shall grant or deny the
petition for a writ of mandamus not later than 30 days after
such petition is filed with the court.
``(4) For an application described in paragraph (2), the following
requirements shall apply in the court of appeals:
``(A) A timely filed notice of appeal from an order issuing
a writ of habeas corpus shall operate as a stay of that order
pending final disposition of the appeal.
``(B) The court of appeals shall decide the appeal from an
order granting or denying a writ of habeas corpus--
``(i) not later than 120 days after the date on
which the brief of the appellee is filed or, if no
timely brief is filed, the date on which such brief is
due; or
``(ii) if a cross-appeal is filed, not later than
120 days after the date on which the appellant files a
brief in response to the issues presented by the cross-
appeal or, if no timely brief is filed, the date on
which such brief is due.
``(C)(i) Following a decision by a panel of the court of
appeals under subparagraph (B), a petition for panel rehearing
is not allowed, but rehearing by the court of appeals en banc
may be requested. The court of appeals shall decide whether to
grant a petition for rehearing en banc not later than 30 days
after the date on which the petition is filed, unless a
response is required, in which case the court shall decide
whether to grant the petition not later than 30 days after the
date on which the response is filed or, if no timely response
is filed, the date on which the response is due.
``(ii) If rehearing en banc is granted, the court of
appeals shall make a final determination of the appeal not
later than 120 days after the date on which the order granting
rehearing en banc is entered.
``(D) If the court of appeals fails to comply with the
requirements of this paragraph, the State may petition the
Supreme Court or a justice thereof for a writ of mandamus to
enforce the requirements.
``(5)(A) The time limitations under paragraphs (3) and (4) shall
apply to an initial application described in paragraph (2), any second
or successive application described in paragraph (2), and any
redetermination of an application described in paragraph (2) or related
appeal following a remand by the court of appeals or the Supreme Court
for further proceedings.
``(B) In proceedings following remand in the district court, time
limits running from the time the State files its answer under paragraph
(3) shall run from the date the remand is ordered if further briefing
is not required in the district court. If there is further briefing
following remand in the district court, such time limits shall run from
the date on which a responsive brief is filed or, if no timely
responsive brief is filed, the date on which such brief is due.
``(C) In proceedings following remand in the court of appeals, the
time limit specified in paragraph (4)(B) shall run from the date the
remand is ordered if further briefing is not required in the court of
appeals. If there is further briefing in the court of appeals, the time
limit specified in paragraph (4)(B) shall run from the date on which a
responsive brief is filed or, if no timely responsive brief is filed,
from the date on which such brief is due.
``(6) The failure of a court to meet or comply with a time
limitation under this subsection shall not be a ground for granting
relief from a judgment of conviction or sentence, nor shall the time
limitations under this subsection be construed to entitle a capital
applicant to a stay of execution, to which the applicant would
otherwise not be entitled, for the purpose of litigating any
application or appeal.''.
(b) Victims' Rights in Habeas Cases.--Section 3771(b) of title 18,
United States Code, is amended by adding at the end the following:
``The rights established for crime victims by this section shall also
be extended in a Federal habeas corpus proceeding arising out of a
State conviction to victims of the State offense at issue.''
(c) Application to Pending Cases.--
(1) In general.--The amendment made by this section apply
to cases pending on the date of the enactment of this Act as
well as to cases commenced on and after that date.
(2) Special rule for time limits.--In a case pending on the
date of the enactment of this Act, if the amendment made by
subsection (a) provides that a time limit runs from an event or
time that has occurred before that date, the time limit shall
instead run from that date. | Prevention and Deterrence of Crimes Against Children Act of 2005 - Rewrites provisions of the federal criminal code regarding penalties for crimes against children to require a person convicted of a federal crime of violence against an individual under age 18 to be sentenced to: (1) death or life imprisonment if the crime results in the death of a person under age 18; (2) life or at least 30 years imprisonment if the crime is a kidnaping, sexual assault, or maiming, or results in serious bodily injury; (3) life or at least 20 years imprisonment if the crime results in bodily injury; (4) life or at least 15 years imprisonment if a dangerous weapon was used during and in relation to the crime; and (5) life or at least ten years imprisonment in any other case.
Denies a court, justice, or judge jurisdiction to consider claims relating to the judgment or sentence in an application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a person under age 18. Sets timetables for proceedings. Extends certain rights associated with habeas corpus proceedings to victims of the State offense at issue. Makes this Act applicable to pending cases. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide assured punishment for violent crimes against children, and for other purposes."} | 2,098 | 284 | 0.59537 | 1.7829 | 0.743833 | 4.547718 | 7.912863 | 0.912863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Building
Heights Act of 1994''.
SEC. 2. LIMITATIONS ON HEIGHT OF BUILDINGS IN DISTRICT OF COLUMBIA.
(a) Use of Street Width to Determine Maximum Height of Building.--
Section 5(a) of the Act entitled ``An Act to regulate the height of
buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-
405(a), D.C. Code), is amended--
(1) by striking ``the course of which'' and inserting ``the
alignment of which''; and
(2) by adding at the end the following: ``For purposes of
this subsection, a `street' includes any road, avenue, drive,
cart way, or other route open to the public as a regular right-
of-way, but does not include an alley.''.
(b) Limitations on Size and Height of Roof Structures.--Section
5(h) of such Act (sec. 5-405(h), D.C. Code) is amended by striking
``Spires, towers,'' and all that follows through ``the adjacent roof:''
and inserting the following: ``Roof structures that are not constructed
or used for human occupancy (including structures housing machinery or
equipment) may be erected to a greater height than any limit otherwise
prescribed in this Act if approved by the Mayor of the District of
Columbia, except that in no event may a roof structure be higher than
18 \1/2\ feet above the roof upon which it is located: Provided, that
such structures when above such limit shall be fireproof: Provided
further, that the area of such a structure may not exceed \1/3\ of the
total roof area for those districts where there is a limitation on the
number of stories or \1/2\ of the total roof area for any other
districts: Provided further, that there may be an increase in the
allowable floor area ratio for such a structure of not more than 0.25:
Provided further, that such a structure shall be set back from the
exterior or bounding walls of the building upon which the structure is
placed at distances equal to the structure's height above the adjacent
roof: Provided further, that for purposes of this subsection, an
`exterior or bounding wall' of a building is any wall having a
dimension of 4 feet or more in height or horizontal depth exposed to
the outside (without regard to whether the wall abuts another
structure), and a `roof' is the exterior surface and supporting
structure on the top of a building: Provided further, that for purposes
of this subsection a skylight shall not be considered a roof structure
if it is less than 5 feet in height:''.
(c) Increase in Penalties for Violations.--
(1) General penalty for violation.--Section 8 of such Act
(sec. 5-408, D.C. Code) is amended by striking ``not less than
$10 nor more than $100 per day'' and inserting ``not more than
$10,000 per day''.
(2) Penalty for violation of injunction.--Section 8 of such
Act (sec. 5-408, D.C. Code) is amended by striking ``not less
than $100 nor more than $500,'' and inserting ``not more than
$100,000,''.
SEC. 3. INCREASE IN AUTHORITY OF NATIONAL CAPITAL PLANNING COMMISSION
TO ENFORCE BUILDING HEIGHT LIMITATIONS.
(a) Requiring NCPC Approval for Roof Structures Exceeding General
Limitations.--
(1) In general.--Section 5(h) of the Act entitled ``An Act
to regulate the height of buildings in the District of
Columbia'', approved June 1, 1910 (sec. 5-405(h), D.C. Code),
as amended by section 2(b), is amended by striking ``Mayor of
the District of Columbia,'' and inserting ``Mayor of the
District of Columbia and the National Capital Planning
Commission,''.
(2) Conforming amendment.--Section 5(c) of the Act entitled
``An Act providing for a comprehensive development of the park
and playground system of the National Capital'', approved June
6, 1924 (sec. 1-2004(c), D.C. Code; 40 U.S.C. 71d(c)), is
amended--
(A) by inserting after ``the Council,'' the
following: ``and to include the approval of the height
of any roof structure of any building in the District
of Columbia (as described in section 5(h) of the Act
entitled `An Act to regulate the height of buildings in
the District of Columbia', approved June 1, 1910),'';
and
(B) by striking the period at the end and inserting
the following: ``, and its approval or disapproval
respecting any such height within 45 days after the day
it was submitted to the Commission.''.
(b) Permitting NCPC or Members to Request NCPC Approval of Height
of Any Building in District.--Section 5(c) of the Act entitled ``An Act
providing for a comprehensive development of the park and playground
system of the National Capital'', approved June 6, 1924 (sec. 1-
2004(c), D.C. Code; 40 U.S.C. 71d(c)), as amended by subsection (a)(2),
is amended by inserting after ``June 1, 1910),'' the following: ``and,
at the request of the Commission or any of its members, the
determination of whether the height of any building proposed to be
constructed in the District of Columbia meets the requirements of such
Act,''.
(c) Providing Standing for NCPC or Members to Enforce Building
Height Limitations.--
(1) Authority under building heights act.--Section 8 of the
Act entitled ``An Act to regulate the height of buildings in
the District of Columbia'', approved June 1, 1910 (sec. 5-408,
D.C. Code), is amended--
(A) in the first sentence, by striking ``his
assistants'' and inserting ``his assistants, or by the
National Capital Planning Commission or any of its
members,''; and
(B) in the second sentence, by inserting after
``District of Columbia'' the first place it appears the
following: ``or the National Capital Planning
Commission or any of its members''.
(2) Authority of commission.--Section 5 of the Act entitled
``An Act providing for a comprehensive development of the park
and playground system of the National Capital'', approved June
6, 1924 (sec. 1-2004, D.C. Code; 40 U.S.C. 71d) is amended by
adding at the end the following new subsection:
``(f) The Commission and each of its members shall have standing to
enforce any limitation on the heights of buildings and structures in
the District of Columbia described in the Act entitled `An Act to
regulate the height of buildings in the District of Columbia', approved
June 1, 1910.''.
(3) Conforming amendment.--Section 11 of the Act of June
20, 1938 (52 Stat. 801; sec. 5-427, D.C. Code) is amended by
adding at the end the following: ``Nothing in this section
shall be construed to limit the standing of the National
Capital Planning Commission or its members to enforce any
limitation on the heights of buildings and structures in the
District of Columbia pursuant to section 5(f) of the Act
entitled `An Act providing for a comprehensive development of
the park and playground system of the National Capital',
approved June 6, 1924.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
buildings or structures in the District of Columbia for which building
permits are issued on or after March 23, 1994. | District of Columbia Building Heights Act of 1994 - Amends the District of Columbia Code to revise provisions with respect to street widths controlling building heights in the District to require that if the alignment (currently, course) of streets forming an intersection is not interrupted by a public space or reservation confronting a building, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Defines "street" to mean any road, avenue, drive, cart way, or other route open to the public as a regular right-of-way, but not an alley.
Replaces provisions allowing the heights of spires, towers, domes, minarets, pinnacles, penthouses over elevator shafts, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks to exceed mandatory limitations with provisions allowing roof structures that are not constructed or used for human occupancy to be erected to a greater height than any mandatory limit for the District with the Mayor's approval, provided that: (1) the roof structure must not be higher than 18.5 feet above the roof upon which it is located; (2) it must be fireproof; (3) the area of such a structure must not exceed one third of the total roof area for those districts where there is a limitation on the number of stories or one-half of the total roof area for any other districts; (4) there may be an increase in the allowable floor area ratio for such a structure of not more than 25 percent; (5) such structure shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances equal to its height above the adjacent roof; (6) an exterior or bounding wall of a building is any wall having a dimension of four feet or more in height or horizontal depth exposed to the outside (without regard to whether the wall abuts another structure); and (7) a skylight shall not be considered a roof structure if it is less than five feet in height.
Increases the fine for violation of: (1) the Act to not more than $10,000 per day (currently, not less than ten dollars nor more than $100 per day); and (2) a court injunction resulting from such violation to not more than $100,000 (currently, not less than $100 nor more than $500).
Requires the approval of the National Capital Planning Commission (NCPC) and the Mayor before a roof structure of any building in the District can exceed building height limitations. Allows the NCPC or any of its members to request a determination of whether any building proposed to be constructed in the District meets mandatory requirements.
Allows the NCPC to file charges in the Superior Court of the District of Columbia against an individual who violates building height requirements and to maintain an action in such Court to abate and perpetually enjoin such nuisance.
Provides that the NCPC and each of its members shall have standing to enforce any limitation on the heights of buildings and structures in the District. | {"src": "billsum_train", "title": "District of Columbia Building Heights Act of 1994"} | 1,804 | 657 | 0.677573 | 2.01801 | 0.690802 | 4.124579 | 2.688552 | 0.848485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families and Small Business Energy
Tax Relief Act of 2008''.
SEC. 2. TEMPORARY REFUNDABLE CREDIT AGAINST INCOME TAX FOR NATURAL GAS,
HEATING OIL, AND PROPANE COSTS OF INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. TEMPORARY REFUNDABLE CREDIT AGAINST INCOME TAX FOR NATURAL
GAS, HEATING OIL, AND PROPANE COSTS OF INDIVIDUALS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by subtitle A for the
taxable year an amount equal to the lesser of--
``(1) 50 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $750 ($1,500 in the case of a joint return).
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year (without regard to this
subsection) shall be reduced (but not below zero) by an amount
which bears the same ratio to the amount so allowable as--
``(A) the excess (if any) of the taxpayer's
adjusted gross income over $75,000 ($150,000 in the
case of a joint return), bears to
``(B) $10,000 ($20,000 in the case of a joint
return).
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for natural gas used in the
principal residence of the taxpayer during the heating
season, and
``(B) for heating oil or propane for use in the
principal residence of the taxpayer.
``(2) Principal residence.--The term `principal residence'
has the meaning given to such term by section 121.
``(3) Heating season.--The term `heating season' means
September, October, November, December, January, February, and
March.
``(4) Special rules.--This section shall not apply to fuel
used in--
``(A) any residence located outside the United
States, or
``(B) any residence which is not the taxpayer's
principal place of abode throughout the heating season.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season.
``(2) Homeowners associations, etc.--This section shall
apply to homeowners associations (as defined in section
528(c)(1)), members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216) under regulations prescribed by the Secretary.
``(3) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Application of Section.--This section shall apply to amounts
paid or incurred during 2008 or 2009.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6431, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Temporary refundable credit against income tax for natural
gas, heating oil, and propane costs of
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2007.
SEC. 3. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES,
FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS.
(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 inserting after section 45P the following new
section:
``SEC. 45Q. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND
FISHERMEN TO OFFSET HIGH FUEL COSTS.
``(a) Allowance of Credit.--For purposes of section 38, the fuel
cost credit determined under this section is an amount equal to 15
percent of the amount paid or incurred by the taxpayer during the
taxable year for any creditable fuel used in any trade or business of
the taxpayer if--
``(1) such trade or business is--
``(A) a farming business (as defined by section
263A(e)(4)), or
``(B) commercial fishing (as defined in section 3
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802)), or
``(2) such taxpayer is a small business.
``(b) Small Business.--For purposes of this section, the term
`small business' means a corporation or partnership which meets the
gross receipts test of section 448(c) for the taxable year (or, in the
case of a sole proprietorship, which would meet such test if such
proprietorship were a corporation), except that such section shall be
applied by substituting `$20,000,000' for `$5,000,000' in each place it
appears.
``(c) Creditable Fuel.--The term `creditable fuel' means--
``(1) gasoline,
``(2) diesel fuel,
``(3) heating oil,
``(4) propane, and
``(5) natural gas.
``(d) Application of Section.--This section shall apply to amounts
paid or incurred during 2008 or 2009.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (32), by striking the period
at the end of paragraph (33) and inserting ``, plus'', and by
adding at the end the following:
``(34) the fuel cost credit determined under section
45Q(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45P the following new item:
``Sec. 45Q. Temporary credit for small businesses, farmers, and
fishermen to offset high fuel costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2007.
SEC. 4. MODIFICATIONS OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.
(a) Credit Made Permanent.--Section 25C of the Internal Revenue
Code of 1986 (relating to nonbusiness energy property) is amended by
striking subsection (g).
(b) Increased Credit for Qualified Oil Furnaces; Increase in
Lifetime Limitation.--
(1) Qualified oil furnaces.--Paragraph (3) of section
25C(b) of such Code is amended by redesignating subparagraph
(C) as subparagraph (D) and by striking subparagraph (B) and
inserting the following new subparagraphs:
``(B) $150 for any qualified natural gas or propane
furnace or hot water boiler,
``(C) $1,500 for any qualified oil furnace, and''.
(2) Lifetime limitation.--Paragraph (1) of section 25C(b)
of such Code is amended by striking ``$500'' and inserting
``$4,000''.
(c) Increased Credit for Energy-Efficient Building Property.--
Subparagraph (D) of section 25C(b)(3) of such Code, as redesigned by
subsection (b), is amended by striking ``$300'' and inserting ``$500''.
(d) Increased in Credit Percentage for Building Envelope
Components.--Paragraph (1) of section 25C(a) of such Code is amended by
striking ``10 percent'' and inserting ``25 percent''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after the date of the enactment of this Act.
(2) Subsection (a).--The amendment made by subsection (a)
shall apply to property placed in service after December 31,
2007.
SEC. 5. OUTREACH AND WEATHERIZATION ASSISTANCE.
Section 2605 of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624) is amended by adding at the end the following new
subsection:
``(m)(1) There are authorized to be appropriated to the Secretary,
in addition to amounts authorized under section 2602, for each fiscal
year--
``(A) $204,000,000 for outreach activities described in
subsection (b)(3); and
``(B) $766,000,000 for weatherization and repair activities
described in subsection (k).
``(2) In any fiscal year for which amounts are appropriated
pursuant to this subsection, no amounts appropriated for carrying out
this title other than such amounts appropriated pursuant to this
subsection may be used for the activities described in paragraph (1)(A)
and (B).''. | Families and Small Business Energy Tax Relief Act of 2008 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for the lesser of 50% of such taxpayer's residential energy costs for a taxable year or $750 ($1,500 for married taxpayers filing jointly). Defines "residential energy costs" as amounts paid in 2008 or 2009: (1) to any utility for natural gas used in the taxpayer's principal residence during the heating season (September through March); and (2) for heating oil or propane.
Allows a certain small farming or commercial fishing businesses (gross receipts of not more than $20 million) a tax credit for up to 15% of amounts paid in 2008 or 2009 for gasoline, diesel fuel, heating oil, propane, and natural gas.
Increases and makes permanent the tax credit for nonbusiness energy property expenditures.
Amends the Low-Income Home Energy Assistance Act of 1981 to authorize additional appropriations for outreach activities to inform eligible households of available energy-related assistance and for residential weatherization and repair activities for low-income households. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a temporary refundable credit for the cost of natural gas, home heating oil, and propane, to allow small businesses, farmers, and fishermen a credit for motor and other fuel costs, and to increase the credit for nonbusiness energy property and make it permanent, and for other purposes."} | 2,311 | 234 | 0.56346 | 1.533845 | 0.805822 | 2.776744 | 9.409302 | 0.851163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Litigation Savings Act''.
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)----
(i) by inserting after the first sentence
the following: ``Fees and other expenses may be
awarded under this subsection only to a
prevailing party who has a direct and personal
interest in the adversary adjudication because
of medical costs, property damage, denial of
benefits, unpaid disbursement, fees and other
expenses incurred in defense of the
adjudication, interest in a policy concerning
such medical costs, property damage, denial of
benefits, unpaid disbursement, or fees and
other expenses, or otherwise.''; and
(ii) by adding at the end the following:
``The agency conducting the adversary
adjudication shall make any party against whom
the adjudication is brought, at the time the
adjudication is commenced, aware of the
provisions of this section.''; and
(B) in paragraph (3), in the first sentence--
(i) by striking ``may reduce'' and
inserting ``shall reduce''; and
(ii) by striking ``unduly and
unreasonably'' and inserting ``unduly or
unreasonably'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(ii), by striking ``$125 per
hour'' and all that follows through the end and
inserting ``$200 per hour.);''; and
(B) in subparagraph (B)(ii), by striking ``; except
that'' and all that follows through ``section 601;''
and inserting ``except that--
``(I) the net worth of a party (other than an
individual or a unit of local government) shall include
the net worth of any parent entity or subsidiary of
that party; and
``(II) for purposes of subclause (I)--
``(aa) a `parent entity' of a party is an
entity that owns or controls the equity or
other evidences of ownership in that party; and
``(bb) a `subsidiary' of a party is an
entity the equity or other evidences of
ownership in which are owned or controlled by
that party;'';
(3) in subsection (c)(1), by striking ``, United States
Code''; and
(4) by striking subsections (e) and (f) and inserting the
following:
``(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for Advocacy
of the Small Business Administration, shall report annually to the
Congress on the amount of fees and other expenses awarded during the
preceding fiscal year pursuant to this section. The report shall
describe the number, nature, and amount of the awards, the claims
involved in the controversy, and any other relevant information that
may aid the Congress in evaluating the scope and impact of such awards.
Each agency shall provide the Chairman in a timely manner all
information necessary for the Chairman to comply with the requirements
of this subsection. The report shall be made available to the public
online.
``(2)(A) The report required by paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions, except that any version of the report made available to the
public may not reveal any information the disclosure of which is
contrary to the national security of the United States.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.
``(f) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this section:
``(1) The name of each party to whom the award was made.
``(2) The name of each counsel of record representing each
party to whom the award was made.
``(3) The agency to which the application for the award was
made.
``(4) The name of each counsel of record representing the
agency to which the application for the award was made.
``(5) The name of each administrative law judge, and the
name of any other agency employee serving in an adjudicative
role, in the adversary adjudication that is the subject of the
application for the award.
``(6) The amount of the award.
``(7) The names and hourly rates of each expert witness for
whose services the award was made under the application.
``(8) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or court order, or the disclosure of which is contrary to the
national security of the United States.
``(h) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for
the fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended--
(1) by amending paragraph (1)(A) to read as follows: ``(A)
Except as otherwise specifically provided by statute, a court,
in any civil action (other than cases sounding in tort),
including proceedings for judicial review of agency action,
brought by or against the United States in any court having
jurisdiction of that action, shall award to a prevailing party
(other than the United States) fees and other expenses, in
addition to any costs awarded pursuant to subsection (a),
incurred by that party in the civil action, unless the court
finds that the position of the United States was substantially
justified or that special circumstances make an award unjust.
Fees and other expenses may be awarded under this paragraph
only to a prevailing party who has a direct and personal
interest in the civil action because of medical costs, property
damage, denial of benefits, unpaid disbursement, fees and other
expenses incurred in defense of the civil action, interest in a
policy concerning such medical costs, property damage, denial
of benefits, unpaid disbursement, or fees and other expenses,
or otherwise.'';
(2) in paragraph (1)(C)--
(A) by striking ``court, in its discretion, may''
and inserting ``court shall''; and
(B) by striking ``unduly and unreasonably'' and
inserting ``unduly or unreasonably'';
(3) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ``$125''
and all that follows through the end and inserting
``$200 per hour.);'';
(B) in subparagraph (B)(ii), by striking ``; except
that'' and all that follows through ``section 601 of
title 5;'' and inserting ``except that--
``(I) the net worth of a party (other than an
individual or a unit of local government) shall include
the net worth of any parent entity or subsidiary of
that party; and
``(II) for purposes of subclause (I)--
``(aa) a `parent entity' of a party is an
entity that owns or controls the equity or
other evidences of ownership in that party; and
``(bb) a `subsidiary' of a party is an
entity the equity or other evidences of
ownership in which are owned or controlled by
that party;''; and
(4) by adding at the end the following:
``(5) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the
fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.
``(6)(A) The Chairman of the Administrative Conference of the
United States shall report annually to the Congress on the amount of
fees and other expenses awarded during the preceding fiscal year
pursuant to this subsection. The report shall describe the number,
nature, and amount of the awards, the claims involved in each
controversy, and any other relevant information which may aid the
Congress in evaluating the scope and impact of such awards. Each agency
shall provide the Chairman with such information as is necessary for
the Chairman to comply with the requirements of this paragraph. The
report shall be made available to the public online.
``(B)(i) The report required by subparagraph (A) shall account for
all payments of fees and other expenses awarded under this subsection
that are made pursuant to a settlement agreement, regardless of whether
the settlement agreement is sealed or otherwise subject to
nondisclosure provisions, except that any version of the report made
available to the public may not reveal any information the disclosure
of which is contrary to the national security of the United States.
``(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
``(C) The Chairman of the Administrative Conference shall include
and clearly identify in the annual report under subparagraph (A), for
each case in which an award of fees and other expenses is included in
the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(7) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this subsection:
``(A) The name of each party to whom the award was made.
``(B) The name of each counsel of record representing each
party to whom the award was made.
``(C) The agency involved in the case.
``(D) The name of each counsel of record representing the
agency involved in the case.
``(E) The name of each judge in the case, and the court in
which the case was heard.
``(F) The amount of the award.
``(G) The names and hourly rates of each expert witness for
whose services the award was made.
``(H) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(8) The online searchable database described in paragraph (7) may
not reveal any information the disclosure of which is prohibited by law
or court order, or the disclosure of which is contrary to the national
security of the United States.
``(9) The Attorney General of the United States shall provide to
the Chairman of the Administrative Conference of the United States in a
timely manner all information necessary for the Chairman to carry out
the Chairman's responsibilities under this subsection.''.
(c) Clerical Amendment.--Section 2412(e) of title 28, United States
Code, is amended by striking ``of section 2412 of title 28, United
States Code,'' and inserting ``of this section''.
SEC. 3. GAO STUDY.
Not later than 30 days after the date of the enactment of this Act,
the Comptroller General shall commence an audit of the implementation
of the Equal Access to Justice Act for the years 1995 through the end
of the calendar year in which this Act is enacted. The Comptroller
General shall, to the extent practical, not later than 1 year after the
end of the calendar year in which this Act is enacted, complete such
audit and submit to the Congress a report on the results of the audit. | Government Litigation Savings Act - (Sec. 2) Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government.
Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, denial of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest.
Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy.
Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees.
Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act.
Expands the reporting requirements of the Chairman of the Administrative Conference of the United States to require the Chairman to report on fees and expenses awarded pursuant to a settlement agreement and to create and maintain online a searchable database containing detailed information with respect to each award of fees and other expenses under EAJA.
(Sec. 3) Requires the Comptroller General (GAO) to: (1) audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted, (2) complete such audit not later that one year after the end of the calendar year in which this Act is enacted, and (3) report to Congress on the results of such audit. | {"src": "billsum_train", "title": "To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes."} | 2,690 | 423 | 0.551959 | 1.878841 | 0.851071 | 3.366477 | 7.392045 | 0.838068 |
SECTION 1. 15-YEAR RECOVERY PERIOD FOR DEPRECIATION OF DESIGNATED LOW-
INCOME BUILDINGS.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 15-year property) is amended
by striking ``and'' at the end of clause (vii), by striking the period
at the end of clause (viii) and inserting ``, and'', and by adding at
the end the following new clause:
``(ix) any designated low-income
building.''
(b) Designated Low-Income Building.--Subsection (e) of section 168
of such Code (relating to classification of property) is amended by
adding at the end the following new paragraph:
``(8) Designated low-income building.--
``(A) In general.--The term `designated low-income
building' means any building which is a qualified low-
income building (as defined in section 42(c)(2)) if--
``(i) no housing credit dollar amount has
been allocated to such building under section
42(h), and
``(ii) the taxpayer has made the election
described in subparagraph (B) with respect to
such building.
``(B) Election.--An election is described in this
subparagraph if made by the taxpayer at such time and
in such manner as the Secretary may prescribe. Any
election under the preceding sentence, once made, shall
be irrevocable.
``(C) Coordination with low-income housing
credit.--No credit shall be allowed under section 42
with respect to any designated low-income building.
``(D) Recapture of accelerated depreciation.--A
designated low-income building which ceases to be a
qualified low-income building (as defined in section
42(c)(2)) at any time during the recapture period
shall, under regulations prescribed by the Secretary,
be treated as though paragraph (3)(E)(iv) were never
enacted. The statutory period for the assessment of any
deficiency attributable to this subparagraph shall not
expire before the expiration of the 1-year period
beginning on the date the Secretary is notified by the
taxpayer (in such manner as the Secretary may
prescribe) of the change in status of such building.
For purposes of this subparagraph, the term `recapture
period' has the meaning given the term `compliance
period' under section 42(i)(1) except `20 taxable
years' shall be substituted for `15 taxable years'.''.
(c) Alternative Depreciation System.--The table contained in
section 168(g)(3)(B) of such Code is amended by inserting after the
item relating to subparagraph (E)(viii) the following:
``(E)(ix)...................................................... 20''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 2. QUALIFIED LOW-INCOME BUILDINGS NOT SUBJECT TO LIMITATION ON
PASSIVE ACTIVITY LOSSES AND CREDITS.
(a) In General.--Section 469 of the Internal Revenue Code of 1986
(relating to passive activity losses and credits limited) is amended by
redesignating subsections (l) and (m) as subsections (m) and (n),
respectively, and by inserting after subsection (k) the following new
subsection:
``(l) Special Rule for Qualified Low-Income Buildings.--Subsection
(a) shall not apply to that portion of the passive activity loss and
passive activity credit for any taxable year which is attributable to
any qualified low-income building (as defined in section 42(c)(2)).''.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 469(i) of such Code is amended
by striking subparagraph (D) and by redesignating subparagraphs
(E) and (F) as subparagraphs (D) and (E), respectively.
(2) Subparagraph (D) of section 469(i) of such Code (as so
redesignated) is amended to read as follows:
``(D) Ordering rules to reflect exceptions and
separate phase-outs.--If subparagraph (B) or (C)
applies for a taxable year, paragraph (1) shall be
applied--
``(i) first to the portion of the passive
activity loss to which subparagraph (C) does
not apply,
``(ii) second to the portion of such loss
to which subparagraph (C) applies,
``(iii) third to the portion of the passive
activity credit to which subparagraph (B) does
not apply, and
``(iv) fourth to the portion of such credit
to which subparagraph (B) applies.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Amends the Internal Revenue Code to: (1) allow a 15-year recovery period for depreciation of designated low-income buildings eligible for the low-income housing tax credit; and (2) waive limitations on passive activity losses and credits for such buildings. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a 15-year recovery period for depreciation of designated low-income buildings and to allow passive losses and credits attributable to qualified low-income buildings."} | 1,166 | 54 | 0.553147 | 1.293859 | 0.625046 | 3.647059 | 19.215686 | 0.862745 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Products Extension Now
Accelerating Cures and Treatments Act of 2017''.
SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW
INDICATION FOR A RARE DISEASE OR CONDITION.
(a) In General.--The Federal Food, Drug, and Cosmetic Act is
amended by inserting after section 505F of such Act (21 U.S.C. 355g)
the following:
``SEC. 505G. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A
NEW INDICATION FOR A RARE DISEASE OR CONDITION.
``(a) Designation.--
``(1) In general.--The Secretary shall designate a drug as
a drug approved for a new indication to prevent, diagnose, or
treat a rare disease or condition for purposes of granting the
extensions under subsection (b) if--
``(A) prior to approval of an application or
supplemental application for the new indication, the
drug was approved or licensed under section 505(c) of
this Act or section 351(a) of the Public Health Service
Act but was not so approved or licensed for the new
indication;
``(B)(i) the sponsor of the approved or licensed
drug files an application or a supplemental application
for approval of the new indication for use of the drug
to prevent, diagnose, or treat the rare disease or
condition; and
``(ii) the Secretary approves the application or
supplemental application; and
``(C) the application or supplemental application
for the new indication contains the consent of the
applicant to public notice under paragraph (3) with
respect to the designation of the drug.
``(2) Revocation of designation.--
``(A) In general.--Except as provided in
subparagraph (B), a designation under paragraph (1)
shall not be revoked for any reason.
``(B) Exception.--The Secretary may revoke a
designation of a drug under paragraph (1) if the
Secretary finds that the application or supplemental
application resulting in such designation contained an
untrue statement of material fact.
``(3) Notice to public.--The Secretary shall provide public
notice of the designation of a drug under paragraph (1).
``(b) Extension.--
``(1) In general.--If the Secretary designates a drug as a
drug approved for a new indication for a rare disease or
condition, as described in subsection (a)(1)--
``(A)(i) the 4-, 5-, and 7\1/2\-year periods
described in subsections (c)(3)(E)(ii) and
(j)(5)(F)(ii) of section 505, the 3-year periods
described in clauses (iii) and (iv) of subsection
(c)(3)(E) and clauses (iii) and (iv) of subsection
(j)(5)(F) of section 505, and the 7-year period
described in section 527, as applicable, shall be
extended by 6 months; or
``(ii) the 4- and 12-year periods described in
subparagraphs (A) and (B) of section 351(k)(7) of the
Public Health Service Act and the 7-year period
described in section 527, as applicable, shall be
extended by 6 months; and
``(B)(i) if the drug is the subject of a listed
patent for which a certification has been submitted
under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of
section 505 or a listed patent for which a
certification has been submitted under subsection
(b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505,
the period during which an application may not be
approved under section 505(c)(3) or section
505(j)(5)(B) shall be extended by a period of 6 months
after the date the patent expires (including any patent
extensions); or
``(ii) if the drug is the subject of a listed
patent for which a certification has been submitted
under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of
section 505, and in the patent infringement litigation
resulting from the certification the court determines
that the patent is valid and would be infringed, the
period during which an application may not be approved
under section 505(c)(3) or section 505(j)(5)(B) shall
be extended by a period of 6 months after the date the
patent expires (including any patent extensions).
``(2) Relation to pediatric and qualified infectious
disease product exclusivity.--Any extension under paragraph (1)
of a period shall be in addition to any extension of the
periods under sections 505A and 505E of this Act and section
351(m) of the Public Health Service Act, as applicable, with
respect to the drug.
``(c) Limitations.--Any extension described in subsection (b)(1)
shall not apply if the drug designated under subsection (a)(1) has
previously received an extension by operation of subsection (b)(1).
``(d) Definition.--In this section, the term `rare disease or
condition' has the meaning given to such term in section 526(a)(2).''.
(b) Application.--Section 505G of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), applies only with respect to
a drug for which an application or supplemental application described
in subsection (a)(1)(B)(i) of such section 505G is first approved under
section 505(c) of such Act (21 U.S.C. 355(c)) or section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a)) on or after the date of
the enactment of this Act.
(c) Conforming Amendments.--
(1) Relation to pediatric exclusivity for drugs.--Section
505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355a) is amended--
(A) in subsection (b), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in paragraph (1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in paragraph (1) shall be in
addition to any extensions under section 505G.''; and
(B) in subsection (c), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in paragraph (1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in paragraph (1) shall be in
addition to any extensions under section 505G.''.
(2) Relation to exclusivity for new qualified infectious
disease products that are drugs.--Subsection (b) of section
505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355f) is amended--
(A) by amending the subsection heading to read as
follows: ``Relation to Pediatric Exclusivity and
Exclusivity for a Drug Approved for a New Indication
for a Rare Disease or Condition.--''; and
(B) by striking ``any extension of the period under
section 505A'' and inserting ``any extension of the
periods under sections 505A and 505G, as applicable,''.
(3) Relation to pediatric exclusivity for biological
products.--Section 351(m) of the Public Health Service Act (42
U.S.C. 262(m)) is amended by adding at the end the following:
``(5) Relation to exclusivity for a biological product
approved for a new indication for a rare disease or
condition.--Notwithstanding the references in paragraphs
(2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in such paragraphs shall be in
addition to any extensions under section 505G.''.
SEC. 3. ORPHAN DRUGS.
(a) In General.--Section 527 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360cc) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``such drug for such disease or condition''
and inserting ``the same drug for the same disease or
condition'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``If an application'' and all that follows
through ``such license if'' and inserting ``During the
7-year period described in subsection (a) for an
approved application under section 505 or license under
section 351 of the Public Health Service Act, the
Secretary may approve an application or issue a license
for a drug that is otherwise the same, as determined by
the Secretary, as the already approved drug for the
same rare disease or condition if'';
(B) in paragraph (1), by striking ``notice'' and
all that follows through ``assure'' and inserting ``of
exclusive approval or licensure notice and opportunity
for the submission of views, that during such period
the holder of the exclusive approval or licensure
cannot ensure''; and
(C) in paragraph (2), by striking ``such holder
provides'' and inserting ``the holder provides''; and
(3) by adding at the end the following:
``(c) Condition of Clinical Superiority.--
``(1) In general.--If a sponsor of a drug that is
designated under section 526 and is otherwise the same, as
determined by the Secretary, as an already approved or licensed
drug is seeking exclusive approval or exclusive licensure
described in subsection (a) for the same rare disease or
condition as the already approved drug, the Secretary shall
require such sponsor, as a condition of such exclusive approval
or licensure, to demonstrate that such drug is clinically
superior to any already approved or licensed drug that is the
same drug.
``(2) Definition.--For purposes of paragraph (1), the term
`clinically superior' with respect to a drug means that the
drug provides a significant therapeutic advantage over and
above an already approved or licensed drug in terms of greater
efficacy, greater safety, or by providing a major contribution
to patient care.
``(d) Regulations.--The Secretary may promulgate regulations for
the implementation of subsection (c). Beginning on the date of
enactment of the Orphan Products Extension Now Accelerating Cures and
Treatments Act of 2017, until such time as the Secretary promulgates
regulations in accordance with this subsection, the Secretary may apply
any definitions set forth in regulations that were promulgated prior to
such date of enactment, to the extent such definitions are not
inconsistent with the terms of this section, as amended by such Act.
``(e) Demonstration of Clinical Superiority Standard.--To assist
sponsors in demonstrating clinical superiority as described in
subsection (c), the Secretary--
``(1) upon the designation of any drug under section 526,
shall notify the sponsor of such drug in writing of the basis
for the designation, including, as applicable, any plausible
hypothesis offered by the sponsor and relied upon by the
Secretary that the drug is clinically superior to a previously
approved drug; and
``(2) upon granting exclusive approval or licensure under
subsection (a) on the basis of a demonstration of clinical
superiority as described in subsection (c), shall publish a
summary of the clinical superiority findings.''.
(b) Rule of Construction.--Nothing in the amendments made by
subsection (a) shall affect any determination under sections 526 and
527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb,
360cc) made prior to the date of enactment of the Orphan Products
Extension Now Accelerating Cures and Treatments Act of 2017.
SEC. 4. PEDIATRIC INFORMATION ADDED TO LABELING.
Section 505A(o) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355a(o)) is amended--
(1) in the subsection heading, by striking ``Under Section
505(j)'';
(2) in paragraph (1)--
(A) by striking ``under section 505(j)'' and
inserting ``under subsection (b)(2) or (j) of section
505''; and
(B) by striking ``or by exclusivity under clause
(iii) or (iv) of section 505(j)(5)(F)'' and inserting
``, or by exclusivity under clause (iii) or (iv) of
section 505(j)(5)(F), clauses (iii) and (iv) of section
505(c)(3)(E), or section 527(a), or by an extension of
such exclusivity under this section or section 505E'';
(3) in paragraph (2), in the matter preceding subparagraph
(A)--
(A) by inserting ``clauses (iii) and (iv) of
section 505(c)(3)(E), or section 527,'' after ``section
505(j)(5)(F),''; and
(B) by striking ``drug approved under section
505(j)'' and inserting ``drug approved pursuant to an
application submitted under subsection (b)(2) or (j) of
section 505''; and
(4) by amending paragraph (3) to read as follows:
``(3) Preservation of pediatric exclusivity and other
provisions.--This subsection does not affect--
``(A) the availability or scope of exclusivity
under--
``(i) this section;
``(ii) section 505 for pediatric
formulations; or
``(iii) section 527;
``(B) the question of the eligibility for approval
of any application under subsection (b)(2) or (j) of
section 505 that omits any other conditions of approval
entitled to exclusivity under--
``(i) clause (iii) or (iv) of section
505(j)(5)(F);
``(ii) clause (iii) or (iv) of section
505(c)(3)(E); or
``(iii) section 527; or
``(C) except as expressly provided in paragraphs
(1) and (2), the operation of section 505 or section
527.''. | Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to extend by six months the exclusivity period for an approved drug or biological product when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an orphan disease). The FDA may revoke an extension if the application for the new indication contained an untrue material statement. The FDA must notify the public of products that receive this extension and patents related to those products. Products may receive only one of these extensions. This extension is in addition to other extensions. Only products approved after enactment of this bill for a new indication that is a rare disease or condition are eligible for an extension. For a medication to be approved as an orphan drug with seven years of marketing exclusivity when it is the same medication for the same condition as an already approved orphan drug, the sponsor of the new medication must demonstrate that the new medication is clinically superior to the approved medication. The bill expands to cover brand name drugs provisions that allow generic drugs to be approved and marketed without labeling for pediatric indications when the pediatric indications are protected by patent or marketing exclusivity. | {"src": "billsum_train", "title": "Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017"} | 3,375 | 282 | 0.641908 | 1.854839 | 0.786792 | 2.188755 | 11.546185 | 0.807229 |
SECTION 1. DEVELOPING BEST PRACTICES AND RETENTION STRATEGIES IN
NURSING STAFF MANAGEMENT.
Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended by adding at the end the following:
``PART H--DEVELOPING BEST PRACTICES AND RETENTION STRATEGIES IN NURSING
STAFF MANAGEMENT
``SEC. 851. GRANTS.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to carry out and evaluate demonstrations of models
and best practices in nursing care and to develop innovative strategies
or approaches for retention of professional nurses.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a partnership or coalition containing a
health care facility and a baccalaureate, associate
degree, or diploma school of nursing or another
organization with expertise in outcome and cost-
effectiveness measurement; or
``(B) a health care facility demonstrating
proficiency (as evidenced by accreditation by an
accepted organization) in outcomes and cost-
effectiveness measurement.
``(2) Health care facility.--The term `health care
facility' means a hospital, skilled nursing facility, long-term
care facility, home health care agency, federally qualified
health center, nurse-managed health center, rural health
clinic, public health clinic, or any other entity as designated
by the Secretary.
``(3) Nurse leadership.--The term `nurse leadership'
includes nurse executives, nurse administrators, and nurse
managers.
``(4) Professional nurse.--The term `professional nurse'
means a registered nurse who holds a valid and unrestricted
license to practice nursing in a State.
``(c) Distribution of Grants.--Grants awarded under this section
shall be distributed among eligible entities representing a variety of
geographic regions and a range of different types and sizes of health
care facilities.
``(d) Duration of Grants.--Grants awarded under this section shall
be awarded for a period not greater than 2 years (and may be renewable
only once).
``(e) Allocation.--The Secretary shall determine the amount of a
grant awarded under this section for the nursing services of a health
care facility based on the number of staffed beds of the facility as
follows, and, if the Secretary deems appropriate, these amounts may be
adjusted:
``(1) A maximum of $200,000 for a facility with fewer than
100 staffed beds.
``(2) A maximum of $400,000 for a facility with fewer than
400 staffed beds.
``(3) A maximum of $600,000 for a facility with 400 or more
staffed beds.
``(f) Priority Criteria.--In awarding grants under this section,
the Secretary shall give priority to--
``(1) health care facilities that have not previously
received grant funds under this section; or
``(2) in the case of a grant renewal, grant recipients who
have demonstrated outcome improvements or have been designated
as a magnet hospital by the American Nurses Credentialing
Center.
``(g) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use such grant funds to do 1 or more of the
following:
``(1) Improve the quality of the health care facility work
environment, including improving communication and
collaboration among health care professionals.
``(2) Initiate or maintain aggressive nurse retention
programs, including other initiatives as deemed appropriate by
the nurse retention committee at the health care facility.
``(3) Reduce workplace injuries.
``(4) Reduce rates of nursing sensitive patient outcomes.
``(5) Provide high-quality evaluations of the cost-
effectiveness and patient outcomes of best practices, to assist
health care facility decisionmakers in determining appropriate
nurse retention strategies.
``(6) Promote continuing nursing education and career
development.
``(h) Application.--
``(1) In general.--An eligible entity desiring a grant
under subsection (a) shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--An application submitted under paragraph
(1) shall include a description of--
``(A) the project or projects proposed to be
carried out with grant funds;
``(B) the means by which to evaluate the project
with respect to its cost-effectiveness and outcomes as
they relate to staff turnover, workplace injuries, and
patient care outcomes that are sensitive to nursing
care;
``(C) the system of patient outcomes measure, which
shall be described by the nurse leadership and
professional nurses of the health care facility, shall
be sensitive to nursing care, shall evaluate the
specific needs of the patients served by the health
care facility and the educational needs of the nursing
staff at such facility to meet the needs of the
patients, and shall be allocated by the health care
facility sufficient funds to carry out the system; and
``(D) the health care facility's organizational and
clinical decisionmaking processes that incorporate the
input of the nursing staff, including the development
of a nurse retention committee, the inclusion of nurse
executive participation in senior level management of
the health care facility, and a nurse residency
training program for new graduate nurses entering the
workforce on a full-time basis, or nurses returning to
work at a health care facility on a full-time basis
after an absence of not less than 3 years without
working in the nursing field.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2002 through 2007.''. | Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to eligible entities to carry out and evaluate demonstrations of models and best practices in nursing care and to develop innovative strategies or approaches for retention of professional nurses. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to award grants to eligible entities to implement and evaluate demonstrations of models and best practices in nursing care and to develop innovative strategies for retention of professional nurses."} | 1,257 | 52 | 0.560378 | 1.222437 | 1.333344 | 6.895833 | 24.645833 | 0.9375 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Small Business
Health Insurance Relief Act of 2002''.
(b) Findings.--The Congress finds the following:
(1) Of the 39,000,000 uninsured Americans, 72 percent are
either full-time workers or dependents of those workers.
(2) Of the uninsured working population, 56 percent are
employed by small businesses.
(3) Of the working population, more than 74 percent are
covered by employer-sponsored health insurance.
(4) Small businesses are less likely to offer health
insurance to their employees, and employees of those small
businesses are less likely to participate in a health plan when
it is offered to them, when compared with larger businesses and
employees of larger businesses.
(5) Implementation of the policy set forth in this Act in
participating States will reduce the number of low-income
workers without health insurance in those States.
(6) Because individuals without health insurance do not
seek preventive care or early intervention, when those
individuals suffer from a serious medical condition, they are
often faced with large medical bills which they cannot pay.
(7) The costs of unpaid medical bills by individuals
without health insurance are often shifted to private and
Government payers.
(8) By increasing access to affordable health insurance for
low-income workers, this Act will contribute to the health and
well-being of those individuals, as well as reduce costs for
those who bear the burden of uncompensated care.
SEC. 2. INCENTIVES TO PROVIDE HEALTH INSURANCE COVERAGE FOR THE WORKING
UNINSURED.
(a) In General.--For each State that applies for a waiver under
section 1115 of the Social Security Act (42 U.S.C. 1315) that includes,
as a part of that waiver, the use of funds otherwise paid to the State
under the medicaid program or the State children's health insurance
program to provide eligible uninsured employees health insurance
coverage that meets the requirements of subsection (b), the Secretary
may award the State, upon approval of that waiver, an incentive payment
(not to exceed $1,000,000) to assist the State in carrying out the
waiver.
(b) Requirements.--To be eligible for an incentive payment under
subsection (a), an application for a section 1115 waiver, with respect
to health insurance coverage, shall meet the following requirements:
(1) Coverage.--Provide a process and a timeline for
achieving coverage of all eligible uninsured employees
statewide, without regard to health status or preexisting
condition, or location of residency within the State.
(2) Manner of provision of health insurance coverage.--
Provide health insurance coverage through employer-sponsored
health insurance or by buying into the medicaid or the State
children's health insurance programs, including the provision
of wraparound health benefits.
(3) Benefits.--
(A) Actuarial equivalence.--(i) In the case of
health insurance coverage provided through employer-
sponsored health insurance coverage or by purchasing
coverage through the State children's health insurance
programs, provides for a benefit package that is at
least actuarially equivalent to the required scope of
health insurance coverage under section 2103 of the
Social Security Act (42 U.S.C. 1397cc) (relating to
coverage requirements for children's health insurance
under the State children's health insurance program).
(ii) In the case of health insurance coverage
provided by purchasing coverage through the medicaid
program, provides for a benefit package that is at
least actuarially equivalent to the required scope of
medical assistance (as defined in section 1905(a) of
the Social Security Act (42 U.S.C. 1396d(a)) under the
State plan of the State.
(B) Limit on employee cost sharing.--Provide that
an employee covered under the program pay no more than
a nominal amount of the employee's income (as
determined by the State) for costs of premiums,
deductibles, coinsurance, and copayments under the
plan.
(4) Consultation with affected entities.--Provide for
consultation with representatives of affected entities and
organizations, both public and private, in developing a plan to
provide such health insurance coverage.
(5) Outreach mechanisms.--Describe the outreach mechanisms
to be used to assure coverage of all eligible individuals,
including measures to assure coverage of individuals in hard-
to-reach populations and to assure benefits are provided to
eligible individuals located in underserved areas.
(6) Quality assurance.--Provide, and describe, mechanisms
to be used to assure, monitor, and maintain the quality of
items and services furnished under the waiver.
(7) Maintenance of effort.--Provide that employers who, as
of the date of the enactment of this Act, offer health
insurance coverage to or pay a percentage of premiums for such
health insurance coverage for employees and who participate
under the demonstration project maintain or increase levels of
coverage or contributions to employees health insurance over
those levels in effect before the implementation of the waiver.
(8) Budget.--Incorporate a budget. Such budget shall
include a description (and an estimate of costs) of
transitional activities to be undertaken in implementing the
proposed plan.
(9) Implementation.--Describe the method (including a
timetable and period of transition) for implementing the
waiver.
(c) Construction.--Nothing in this Act shall be construed as
preempting State laws that provide greater protections or benefits than
the protections or benefits required under this Act.
(d) Definitions.--As used in this Act:
(1) Eligible uninsured employees.--The term ``eligible
uninsured employees'' means--
(A) any resident of the United States--
(i) who is a citizen or national of the
United States, or lawful resident alien;
(ii) who resides in any particular State;
(iii) who is employed in a work site of an
employer that is a small business located in
the State;
(iv)(I) whose employer does not offer
employer-sponsored health insurance; or
(II) whose employer offers such insurance
but at a cost that is not affordable for the
resident (as determined by the State); and
(v) who is not entitled to benefits under
title XIX or XXI of the Social Security Act
based on eligibility requirements under those
titles in effect on or after the date of the
enactment of this Act; and
(B) the spouse and dependent children of such
resident
(2) Lawful resident alien.--The term ``lawful resident
alien'' means an alien lawfully admitted for permanent
residence and any other alien lawfully residing permanently in
the United States under color of law, including an alien
granted asylum or with lawful temporary resident status under
section 210, 210A, or 245A of the Immigration and Nationality
Act.
(3) Small business.--The term ``small business'' means an
employer who employs 50 or fewer employees.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands. | Small Business Health Insurance Relief Act of 2002 - Authorizes the Secretary of Health and Human Services to make incentive payments to States that provide uninsured employees health insurance coverage as part of an approved waiver application under the Social Security Act (where States are permitted to use Medicaid program or State children's health insurance program (SCHIP) funds for experimental projects).Requires that such health insurance coverage be provided: (1) without regard to health status, preexisting condition, or location of residency within a State; (2) through employer-sponsored health insurance or by buying into Medicaid or SCHIP; (3) at a specified level of actuarial equivalence; and (4) for a nominal amount of an employee's income.Limits eligibility to lawful U.S. residents (and their spouses and dependents) who are otherwise not entitled to benefits under the Medicaid or SCHIP and are employed by a small business that does not offer affordable (or any) health insurance. | {"src": "billsum_train", "title": "To provide incentives to States to apply for section 1115 waivers to use Federal funds to provide for affordable employer-based health insurance coverage for the uninsured workers of small businesses in the State."} | 1,615 | 213 | 0.513591 | 1.482214 | 0.901774 | 2.743017 | 8.134078 | 0.899441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Access to Care Act''.
SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.), as amended by the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended
by adding at the end the following:
``SEC. 714. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.
``(a) In General.--If a group health plan, or a health insurance
issuer in connection with the provision of health insurance coverage,
requires or provides for a participant or beneficiary to designate a
participating primary care provider--
``(1) the plan or issuer shall permit such an individual
who is a female to designate a participating physician who
specializes in obstetrics and gynecology as the individual's
primary care provider in lieu of or in addition to the
designation by such individual of a provider who does not
specialize in obstetrics and gynecology as the primary care
provider; and
``(2) if such an individual has not designated a physician
who specializes in obstetrics or gynecology as a primary care
provider, the plan or issuer--
``(A) may not require authorization or a referral
by the individual's primary care provider or otherwise
for coverage of routine gynecological care (such as
preventive women's health examinations) and pregnancy-
related services provided by a participating health
care professional who specializes in obstetrics and
gynecology to the extent such care is otherwise
covered, and
``(B) may treat the ordering of other gynecological
care by such a participating health professional as the
authorization of the primary care provider with respect
to such care under the plan or coverage.
``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive
any requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of gynecological care so
ordered.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note),
as amended by the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277), is amended by inserting
after the item relating to section 713 the following new item:
``Sec. 714. Access to obstetrical and gynecological care.''.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Group Market.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-4 et seq.), as amended by the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended by adding at the end the
following new section:
``SEC. 2707. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.
``(a) In General.--If a group health plan, or a health insurance
issuer in connection with the provision of health insurance coverage,
requires or provides for an enrollee to designate a participating
primary care provider--
``(1) the plan or issuer shall permit such an individual
who is a female to designate a participating physician who
specializes in obstetrics and gynecology as the individual's
primary care provider in lieu of or in addition to the
designation by such individual of a provider who does not
specialize in obstetrics and gynecology as the primary care
provider; and
``(2) if such an individual has not designated a physician
who specializes in obstetrics or gynecology as a primary care
provider, the plan or issuer--
``(A) may not require authorization or a referral
by the individual's primary care provider or otherwise
for coverage of routine gynecological care (such as
preventive women's health examinations) and pregnancy-
related services provided by a participating health
care professional who specializes in obstetrics and
gynecology to the extent such care is otherwise
covered, and
``(B) may treat the ordering of other gynecological
care by such a participating health professional as the
authorization of the primary care provider with respect
to such care under the plan or coverage.
``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive
any requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of gynecological care so
ordered.''.
(b) Individual Market.--The first subpart 3 of part B of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.)
(relating to other requirements), as amended by the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277) is amended--
(1) by redesignating such subpart as subpart 2; and
(2) by adding at the end the following:
``SEC. 2753. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is
amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Access to obstetrical and
gynecological care.''; and
(2) by inserting after section 9812 the following:
``SEC. 9813. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.
``(a) In General.--If a group health plan, or a health insurance
issuer in connection with the provision of health insurance coverage,
requires or provides for a participant or beneficiary to designate a
participating primary care provider--
``(1) the plan or issuer shall permit such an individual
who is a female to designate a participating physician who
specializes in obstetrics and gynecology as the individual's
primary care provider in lieu of or in addition to the
designation by such individual of a provider who does not
specialize in obstetrics and gynecology as the primary care
provider; and
``(2) if such an individual has not designated a physician
who specializes in obstetrics or gynecology as a primary care
provider, the plan or issuer--
``(A) may not require authorization or a referral
by the individual's primary care provider or otherwise
for coverage of routine gynecological care (such as
preventive women's health examinations) and pregnancy-
related services provided by a participating health
care professional who specializes in obstetrics and
gynecology to the extent such care is otherwise
covered, and
``(B) may treat the ordering of other gynecological
care by such a participating health professional as the
authorization of the primary care provider with respect
to such care under the plan or coverage.
``(b) Construction.--Nothing in subsection (a)(2)(B) shall waive
any requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of gynecological care so
ordered.''.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (c), the
amendments made by this Act shall apply with respect to plan years
beginning on or after the date of enactment of this Act.
(b) Special Rule for Collective Bargaining Agreements.--In the case
of a group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or more
employers ratified before the date of enactment of this Act, the
amendments made by this Act shall not apply to plan years beginning
before the later of--
(1) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(2) January 1, 2000.
For purposes of paragraph (1), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by this Act shall not
be treated as a termination of such collective bargaining agreement.
(c) Individual Market.--The amendment made by section 3(b) shall
apply to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after the date of
enactment of this Act.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to require a participating
physician to accept designation as a primary care provider. | Women's Access to Care Act - Amends the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health insurance issuer to permit a woman participant to designate a physician who specializes in obstetrics and gynecology as her primary care provider (with authority to order further gynecological care) in addition to, or in lieu of, a non-obstetrics and gynecology primary care provider. Prohibits a plan or issuer from requiring, in the case of a woman not making such designation, primary care provider referral for routine gynecological care and pregnancy-related services. Amends the Public Health Service Act and the Internal Revenue Code to apply those requirements to health insurance in the individual market. | {"src": "billsum_train", "title": "Women's Access to Care Act"} | 2,208 | 196 | 0.680944 | 1.847244 | 0.789213 | 2.772414 | 12.227586 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accurate Education for Prenatal
Screenings Act''.
SEC. 2. CELL-FREE DNA PRENATAL SCREENING EDUCATION PROGRAMS.
Part B of title III of the Public Health Service Act is amended by
inserting, after section 317T (42 U.S.C. 247b-22), the following:
``SEC. 317U. CELL-FREE DNA PRENATAL SCREENING EDUCATION PROGRAMS.
``(a) Education Programs.--With respect to cell-free DNA prenatal
screening, the Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall develop, implement, and
maintain two programs, one for patients and one for health care
providers, to educate patients and health care providers regarding
matters including--
``(1) the purposes and definitions of such screenings;
``(2) the reasons for patients and health care providers to
consider such screenings;
``(3) the conditions such screenings may detect, including
accurate and up-to-date information about such conditions'
clinical features, prognoses, and treatments according to
relevant national disability organizations and medical
professional societies;
``(4) the risks and benefits of, and alternatives to, the
various methods of administering such screenings and prenatal
diagnostic testings, including the option to forego such
screenings and testings, as per guidelines established by
medical professional societies;
``(5) the possible results of such screenings;
``(6) the accuracy of the results of such screenings,
including positive predictive value, negative predictive value,
specificity, sensitivity, the inability of such screenings to
reliably diagnose chromosomal abnormalities, and the fact that
such screenings may yield false-positive and false-negative
results;
``(7) the need for diagnostic testing, and counseling by a
genetics professional, for patients whose screenings yield
positive, abnormal, or indeterminate results; and
``(8) the need for communication of screening results to
patients and appropriate follow up per guidelines established
by medical professional societies.
``(b) Materials.--Each program developed under this section shall
include the provision of materials that--
``(1) contain information that is peer-reviewed, balanced,
accurate, and up-to-date;
``(2) enable the respective target audience to understand
the available options with regards to cell-free DNA prenatal
screenings, other prenatal screenings, and diagnostic tests;
``(3) promote the informed consent, and enhance the
decision-making processes of, the respective target audience
before and after such screenings;
``(4) contain information that appropriately addresses the
diversity of the patient population, including patients
proficient in languages other than English; and
``(5) contain contact information for relevant services and
support organizations for patients.
``(c) Assessment.--In developing, implementing, and maintaining
programs and materials under this section, the Secretary, acting
through the Director of the Centers for Disease Control and Prevention,
shall--
``(1) consult with relevant medical professional,
disability support, patient advocacy, parents, and genetics
professionals organizations;
``(2) consult with companies and laboratories that perform
cell-free DNA prenatal screenings or develop the technologies
for such screenings;
``(3) assess and evaluate existing education activities and
materials for health care providers and patients related to
such screenings; and
``(4) take the results of such consultations, assessment,
and evaluation into account in developing educational programs
and materials under this section.
``(d) Annual Report.--Not later than 16 months after the date of
enactment of this section and annually thereafter, the Secretary shall
submit a progress report to the Congress with respect to--
``(1) the development and implementation of the education
programs established under this section;
``(2) the accessibility of each program to its respective
target audience;
``(3) the adoption of each program by its respective target
audience; and
``(4) the Secretary's efforts to ensure health care
providers and patients receive the materials created pursuant
to this section.
``(e) Deadline.--The Secretary shall develop and implement the
education programs required by section 317U of the Public Health
Service Act (as added by subsection (a)) not later than 1 year after
the date of enactment of this Act''. | Accurate Education for Prenatal Screenings Act Amends the Public Health Service Act to direct the Centers for Disease Control and Prevention (CDC) to develop, implement, and maintain two programs, one to educate patients and one to educate health care providers regarding: the purposes and definitions of cell-free DNA prenatal screenings; the reasons for patients and providers to consider such screenings; the conditions such screenings may detect; the risks and benefits of, and alternatives to, the various methods of administering such screenings and prenatal diagnostic testing; the possible results of such screenings and the accuracy of such results; the need for diagnostic testing, and counseling by a genetics professional, for patients whose screenings yield positive, abnormal, or indeterminate results; and the need for communication of results to patients and appropriate follow-up per guidelines established by medical professional societies. Requires each program to provide materials that: contain information that is peer-reviewed, balanced, accurate, and up-to-date; enable the respective target audience to understand the available options with regard to such screenings, other prenatal screenings, and diagnostic tests; promote the informed consent of, and enhance the decision-making processes of, the respective target audience before and after such screenings; contain information that appropriately addresses the diversity of the patient population; and contain contact information for relevant services and support organizations for patients. Requires CDC to submit annual reports regarding: the development and implementation of such programs; the accessibility of each program to, and the adoption of each program by, its respective target audience; and CDC's efforts to ensure that providers and patients receive the materials created pursuant to this Act. | {"src": "billsum_train", "title": "Accurate Education for Prenatal Screenings Act"} | 933 | 355 | 0.784449 | 2.558733 | 0.968128 | 5.243243 | 2.753754 | 0.918919 |
SECTION 1. FINDINGS.
Congress finds that:
(1) Adak Island is an isolated island located 1,200 miles
southwest of Anchorage, Alaska, between the Pacific Ocean and
the Bering Sea. The Island, with its unique physical and
biological features, including a deep water harbor and abundant
marine-associated wildlife, was recognized early for both its
natural and military values. In 1913, Adak Island was reserved
and set aside as a Preserve because of its value to seabirds,
marine mammals, and fisheries. Withdrawals of portions of Adak
Island for various military purposes date back to 1901 and
culminated in the 1959 withdrawal of approximately half of the
Island for use by the Department of the Navy for military
purposes.
(2) By 1990, military development on Adak Island supported
a community of 6,000 residents. Outside of the Adak Naval
Complex, there is no independent community on Adak Island.
(3) As a result of the Defense Base Closure and Realignment
Act of 1990 (104 Stat. 1808), as amended, the Adak Naval
Complex has been closed by the Department of Defense.
(4) The Aleut Corporation is an Alaskan Native Regional
Corporation incorporated in the State of Alaska pursuant to the
Alaska Native Claims Settlement Act (ANCSA), as amended (43
U.S.C. 1601, et seq.). The Aleut Corporation represents the
indigenous people of the Aleutian Islands who prior to the
Russian exploration and settlement of the Aleutian Islands were
found throughout the Aleutian Islands which includes Adak
Island.
(5) None of Adak Island was available for selection by The
Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C.
1613(h)(8)) because it was part of a National Wildlife Refuge
and because the portion comprising the Adak Naval Complex was
withdrawn for use by the United States Navy for military
purposes prior to the passage of ANCSA in December 1971.
(6) The Aleut Corporation is interested in establishing a
community on Adak and has offered to exchange ANCSA land
selections for conveyance of certain lands and interests
therein on a portion of Adak formerly occupied by the Navy.
(7) Removal of a portion of Adak Island land from refuge
status will be offset by the acquisition of high quality
wildlife habitat in other Aleut Corporation selections within
the Alaska Maritime National Wildlife Refuge, maintaining a
resident human population on Adak to control caribou, and
making possible a continued U.S. Fish and Wildlife Service
presence in that remote location to protect the natural
resources of the Aleutian Islands Unit of the Alaska Maritime
National Wildlife Refuge.
(8) It is in the public interest to promote reuse of the
Adak Island lands by exchanging certain lands for lands
selected by The Aleut Corporation elsewhere in the Alaska
Maritime National Wildlife Refuge. Experience with
environmental problems associated with formerly used defense
sites in the State of Alaska suggests that the most effective
and efficient way to avoid future environmental problems on
Adak is to support and encourage active reuse of Adak.
SEC. 2. RATIFICATION OF AGREEMENT.
The document entitled the ``Agreement Concerning Transfer of Lands
at Adak Naval Complex'' (hereinafter ``the Agreement''), and dated
__________, executed by The Aleut Corporation, the Department of the
Interior and the Department of the Navy, is hereby ratified, confirmed,
and approved and the terms, conditions, procedures, covenants,
reservations, and other provisions set forth in the Agreement are
declared to be obligations and commitments of the United States as a
matter of Federal law.
SEC. 3. REMOVAL OF LANDS FROM REFUGE.
Effective on the date of conveyance to The Aleut Corporation of the
Adak Exchange Lands as described in the Agreement, all such lands shall
be removed from the National Wildlife Refuge System and shall neither
be considered as part of the Alaska Maritime National Wildlife Refuge
nor subject to any laws pertaining to lands within the boundaries of
the Alaska Maritime National Wildlife Refuge. The conveyance
restrictions imposed by section 22(g) of the ANCSA, 43 U.S.C. 1621(g),
on said lands shall then be ineffective and cease to apply. The
Secretary shall adjust the boundaries of the Refuge so as to exclude
all interests in lands and land rights, surface and substance, received
by The Aleut Corporation in accordance with this Act and the Agreement.
SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Lands and interests therein exchanged and conveyed by the United
States pursuant to this act shall be considered and treated as
conveyances of lands or interests therein under the Alaska Native
Claims Settlement Act, except that receipt of such lands and interests
therein shall not constitute a sale or disposition of land or interests
received pursuant to such Act. | Ratifies the "Agreement Concerning Transfer of Lands at Adak Naval Complex" executed by the Aleut Corporation, the Department of the Interior, and the Department of the Navy. Removes such lands from the National Wildlife Refuge System. | {"src": "billsum_train", "title": "A bill to ratify an agreement between the Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes."} | 1,063 | 53 | 0.555335 | 1.673578 | 0.676086 | 4.976744 | 22.232558 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``StartUp Visa Act of 2010''.
SEC. 2. STARTUP VISAS.
(a) In General.--Section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 203(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Sponsored entrepreneurs.--
``(A) In general.--StartUp visas shall be made
available, from the number of visas allocated under
paragraph (5), to qualified immigrant entrepreneurs--
``(i) who have proven that a qualified
venture capitalist or a qualified super angel
investor has invested not less than $100,000 on
behalf of each such entrepreneur in an equity
financing of not less than $250,000; and
``(ii) whose commercial activities will,
during the 2-year period beginning on the date
on which the visa is issued under this
subparagraph--
``(I) create not fewer than 5 new
full-time jobs in the United States
employing people other than the
immigrant's spouse, sons, or daughters;
``(II) raise not less than
$1,000,000 in capital investment in
furtherance of a commercial entity
based in the United States; or
``(III) generate not less than
$1,000,000 in revenue.
``(B) Definitions.--In this paragraph:
``(i) Qualified super angel investor.--The
term qualified super angel investor means an
individual who--
``(I) is an accredited investor (as
defined in section 230.501(a) of title
17, Code of Federal Regulations);
``(II) is a United States citizen;
and
``(III) has made at least 2 equity
investments of not less than $50,000 in
each of the previous 3 years.
``(ii) Qualified venture capitalist.--The
term `qualified venture capitalist' means an
entity that--
``(I) is classified as a `venture
capital operating company' under
section 2510.3-101(d) of the Code of
Federal Regulations;
``(II) is based in the United
States;
``(III) is comprised of partners,
the majority of whom are United States
citizens;
``(IV) has capital commitments of
not less than $10,000,000;
``(V) has been operating for at
least 2 years; and
``(VI) has made at least 2
investments of not less than $500,000
during each of the most recent 2
years.''.
(b) Conditional Permanent Resident Status.--Section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(as defined in subsection
(f)(1))'' and inserting ``, sponsored
entrepreneur''; and
(ii) by striking ``(as defined in
subsection (f)(2)) shall'' and inserting
``shall each''; and
(B) in paragraph (2)(A), by inserting ``sponsored
entrepreneur,'' after ``alien entrepreneur,'';
(3) in subsection (b), by adding at the end the following:
``(3) Sponsored entrepreneurs.--The Secretary of Homeland
Security shall terminate the permanent resident status of a
sponsored entrepreneur and the alien spouse and children of
such entrepreneur if the Secretary determines, not later than 3
years after the date on which such permanent resident status
was conferred, that--
``(A) the qualified venture capitalist or qualified
super angel investor who sponsored the entrepreneur
failed to meet the investment requirements under
section 203(b)(6)(A)(i); or
``(B) the entrepreneur failed to meet the job
creation, capital investment, or revenue generation
requirements under section 203(b)(6)(A)(ii).'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``sponsored entrepreneur,''
after ``alien entrepreneur,''; and
(ii) by striking ``alien entrepreneur
must'' each place such term appears and
inserting ``entrepreneur shall''; and
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by inserting
``or sponsored entrepreneur'' after ``alien
entrepreneur''; and
(ii) in subparagraph (C), by inserting
``sponsored entrepreneur,'' after ``alien
entrepreneur'';
(5) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``alien'' and inserting ``alien entrepreneur
or sponsored entrepreneur, as applicable'';
(B) in clause (i), by striking ``invested, or is
actively in the process of investing,'' and inserting
``has invested, is actively in the process of
investing, or has been sponsored by a qualified super
angel investor or qualified venture capitalist who has
invested,''; and
(C) in clause (ii), by inserting ``or 203(b)(6), as
applicable'' before the period at the end; and
(6) in subsection (f), by adding at the end the following:
``(4) The term `sponsored entrepreneur' means an alien who
obtains the status of an alien lawfully admitted for permanent
residence under section 203(b)(6).''. | StartUp Visa Act of 2010 - Amends the Immigration and Nationality Act to establish an employment-based, conditional immigrant visa (StartUp visa) for a sponsored alien entrepreneur: (1) with required amounts of financial backing from a qualifying investor or venture capitalist; and (2) whose commercial activities will generate required levels of employment, revenue, or capital investment.
Directs the Secretary of Homeland Security (DHS) to terminate the status of a sponsored entrepreneur (and the alien spouse and children of such entrepreneur) if not later than three years after the date on which such permanent resident status was conferred: (1) the sponsoring venture capitalist or investor fails to meet investment requirements; or (2) the entrepreneur fails to meet job creation, capital investment, or revenue requirements. | {"src": "billsum_train", "title": "A bill to establish an employment-based immigrant visa for alien entrepreneurs who have received significant capital from investors to establish a business in the United States."} | 1,307 | 167 | 0.59729 | 1.472639 | 0.783015 | 2.893333 | 7.846667 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Account Number Anti-
Fraud Act''.
SEC. 2. STATEMENT OF PURPOSE.
The purposes of this Act are--
(1) to require the Social Security Administration and the
Immigration and Naturalization Service to establish a system that
allows employers to verify social security account numbers of
employees; and
(2) to reduce the use of fraudulent social security documents for
employment purposes.
SEC. 3. SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM.
Section 205 of the Social Security Act (42 U.S.C. 405) is amended
by adding at the end the following new subsection:
``Verification of Employee Social Security Account Numbers
``(u)(1)(A) Not later than 2 years after the date of the enactment
of the Social Security Account Number Anti-Fraud Act, the Secretary, in
consultation with the Commissioner of Immigration and Naturalization
and the Secretary of Labor, shall establish a program under which--
``(i) each American employer, either by telephone through
use of a toll-free telephone number or by other electronic
device--
``(I) shall transmit the social security account
number and name of each new employee of the employer,
and any other information concerning the employee that
the Secretary requires by regulation, to the Secretary
not later than 72 hours after the commencement of
employment of the employee; and
``(II) may transmit the social security account
number and name of any employee of the employer to whom
subclause (I) does not apply, and any other information
concerning the employee that the Secretary specifies by
regulation, to the Secretary; and
``(ii) notwithstanding any provision of section 552a of
title 5, United States Code, the Secretary shall, upon
receiving the information transmitted under clause (i),
instantaneously notify the employer that there is or is not a
discrepancy concerning the information, by sending a
communication to the same electronic device through which the
information was transmitted to the Secretary.
``(B)(i) With respect to each employee social security account
number that an employer transmits under the program established under
this paragraph, the Secretary shall give the employer--
(I) a verification number; and
(II) a number indicating whether there is or is not a
discrepancy concerning the employee social security account
number.
``(ii) The Secretary shall maintain, for at least the amount of
time during which prosecution for crimes relating to fraudulent use of
a social security account number would be allowable under applicable
statutes of limitations, records of all contacts that occur under
subparagraph (A) or (D) between the Secretary and an employer.
``(iii) Each employer shall maintain, for at least the amount of
time referred to in clause (ii), records of all information (including
numbers referred to in clause (i)) provided to the employer under this
subsection with respect to any employee social security account number,
or any other employee-related information, submitted pursuant to
subparagraph (A)(i). The employer shall make such records available,
upon request, for inspection by the Secretary or the designee of the
Secretary for purposes of evaluating the compliance of the employer
with this subsection.
``(C) The Secretary shall establish guidelines to describe the
characteristics that constitute a discrepancy concerning a social
security account number transmitted to the Secretary under the program
established under this paragraph. Under the guidelines, a discrepancy
concerning a social security account number shall be indicated if any
of the following factors is present regarding the number:
``(i) An invalid social security account number.
``(ii) A social security account number submitted for
verification under the program with a name that does not belong
to the correct holder of the social security account number.
``(iii) Unusually frequent use of a social security account
number.
``(iv) Use of a social security account number in
geographically distant locations within a relatively short
period of time.
``(v) Any other factor that the Secretary determines to be
appropriate.
``(D) If a discrepancy concerning the social security account
number of an employee is indicated under the program established under
this paragraph--
``(i) the Secretary shall notify the Commissioner of
Immigration and Naturalization, within 24 hours after the
discrepancy is indicated, of--
``(I) the fact that a discrepancy has been
indicated regarding the employee; and
``(II) the nature of the discrepancy;
``(ii) the Secretary may not, pursuant to this subsection,
notify the employer of the nature of the discrepancy;
``(iii) an employer notified of the discrepancy under
subparagraph (A)(ii) shall notify the employee that a
discrepancy has been indicated within 3 days after the employer
receives the notification;
``(iv) the employee shall contact an office of the Social
Security Administration within 3 days after being notified of
the discrepancy under clause (iii);
``(v) the Secretary shall notify the employee of the nature
of the discrepancy, upon request by the employee to the
Secretary (including a request made to an office of the Social
Security Administration);
``(vi) the Secretary shall notify the employee, the current
employer of the employee, and the Commissioner of Immigration
and Naturalization, in writing, of the resolution or
confirmation of the discrepancy, within 30 days after the
employee contacts the Social Security Administration under
clause (iv);
``(vii) the current employer of the employee shall reverify
the social security account number through the program
established under this paragraph within 10 days after the
Secretary notifies the employer, under clause (vi), that the
discrepancy has been resolved; and
``(viii) unless the Secretary notifies the employer, under
clause (vi), that the discrepancy has been confirmed, the
employer may not take any action to penalize the employee based
on the discrepancy.
``(E)(i) The Secretary may not charge a fee to any employer or
employee in connection with the utilization of the program established
under this paragraph.
``(ii) No employer may charge a fee to--
``(I) an employee of the employer in connection with the
utilization of the program; or
``(II) a job applicant in connection with, or anticipation
of, utilization of the program.
``(2) The Secretary may by regulation exempt any employer from the
obligation to use the program established under paragraph (1) regarding
any employee whose employment with the employer includes only the
performance of services described in subparagraph (B) or (C) of section
209(a)(6) for remuneration described in such subparagraph.
``(3)(A) Failure by an employer to comply with paragraph (1) of
this subsection shall be considered to be a violation of section
274A(a)(1)(A) of the Immigration and Naturalization Act (8 U.S.C.
1324a(a)(1)(A)), for purposes of section 274A(e) of such Act, as
modified by subparagraph (B) of this paragraph.
``(B) For purposes of subparagraph (A), section 274A(e) of the
Immigration and Naturalization Act (8 U.S.C. 1324a(e)) shall be applied
by substituting the term `employee' for the term `unauthorized alien'
in clause (i) of section 274A(e)(4)(A) of such Act, and for the term
`alien' in clauses (ii) and (iii) of such section.
``(4)(A) Any person or business who knowingly and willfully
requests or obtains any record, or information, from or under the
program established under paragraph (1) under false pretenses shall be
guilty of an infraction and shall be subject to a fine as provided in
title 18, United States Code.
``(B) The penalties described in section 552a(i) of title 5, United
States Code, shall not apply to an activity that is subject to a
penalty under subparagraph (A).
``(5) The Secretary shall establish by regulation a mechanism (such
as the use of a personal identification number or taxpayer
identification number) by which the Secretary may verify the identity
of each employer transmitting and receiving information under this
subsection and may ensure that each person who transmits or receives
information under this subsection as if such person were an employer is
an employer who is legitimately entitled to use the program established
under this subsection.
``(6) The Secretary shall establish a toll-free number through
which an employee may contact an office of the Social Security
Administration as required by paragraph (1)(D)(iv).
``(7) For purposes of this subsection:
``(A) The term `American employer' has the meaning given
the term in section 210(e), as such section may from time to
time be amended, except that the terms `State' and `United
States' within such section shall have the meaning given the
term `United States' in subparagraph (D) of this paragraph.
``(B) The term `employee' has the meaning given the term in
section 210(j), as such section may from time to time be
amended, and does not include a job applicant.
``(C) The term `new employee' means an employee who
commences an employment more than 2 years after the date of the
enactment of the Social Security Account Number Anti-Fraud Act.
``(D) The term `United States' has the meaning given the
term in section 101(38) of the Immigration and Nationality Act,
as such section may from time to time be amended.''.
SEC. 4. IMPLEMENTATION OF SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD
PROGRAM.
(a) Establishment of Program.--The Secretary of Health and Human
Services shall implement the Social Security Account Number Anti-Fraud
Program on a partial and interim basis, as provided in this section,
for a period beginning not later than 180 days after the date of the
enactment of this Act and ending on the nationwide implementation date.
(b) Availability to Employers.--The Secretary shall make the Social
Security Account Number Anti-Fraud Program, as implemented under
subsection (a), available to all employers in the States of California,
Florida, Illinois, New Jersey, New York, and Texas.
(c) Report on Initial Implementation.--Not later than 45 days after
the expiration of the first 12-month period in which the Social
Security Account Number Anti-Fraud Program is implemented under
subsection (a), the Secretary shall submit to the Congress a report
that contains--
(1) an evaluation of the effectiveness of the Social
Security Account Number Anti-Fraud Program as the program is
implemented under subsections (a) and (b) of this section; and
(2) a description of any cooperation between the Social
Security Administration and the Immigration and Naturalization
Service regarding the program.
(d) Definitions.--For purposes of this section:
(1) The term ``nationwide implementation date'' means the
date on which the Secretary establishes the program required by
subsection (u)(1)(A) of section 205 of the Social Security Act
(as added by this Act).
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(3) The term ``Social Security Account Number Anti-Fraud
Program'' means the program established under subsection (u) of
section 205 of the Social Security Act (as added by this Act),
but does not include paragraph (1)(A)(i)(I) or (3) of such
subsection. | Social Security Account Number Anti-Fraud Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish, according to prescribed guidelines, an electronic program for American employers to verify the social security number and other relevant employment information to reduce the use of fraudulent social security documents for employment purposes; (2) implement such program according to a prescribed schedule, making it available to all employers in the States of California, Florida, Illinois, New Jersey, New York, and Texas; and (3) report to the Congress on the Program's initial implementation. | {"src": "billsum_train", "title": "Social Security Account Number Anti-Fraud Act"} | 2,605 | 140 | 0.554547 | 1.495041 | 0.608454 | 4.25 | 18.242424 | 0.871212 |
SECTION 1. MAKING ONLINE BANKING INITIATION LEGAL AND EASY.
(a) Definitions.--In this section:
(1) Affiliate.--The term ``affiliate'' has the meaning
given the term in section 2 of the Bank Holding Company Act of
1956 (12 U.S.C. 1841).
(2) Driver's license.--The term ``driver's license'' means
a license issued by a State to an individual that authorizes
the individual to operate a motor vehicle on public streets,
roads, or highways.
(3) Federal bank secrecy laws.--The term ``Federal bank
secrecy laws'' means--
(A) section 21 of the Federal Deposit Insurance Act
(12 U.S.C. 1829b);
(B) section 123 of Public Law 91-508 (84 Stat.
1116); and
(C) subchapter II of chapter 53 of title 31, United
States Code.
(4) Federally recognized indian tribe.--The term
``federally recognized Indian Tribe'' has the meaning given the
term by the Secretary of the Interior under section 104(a) of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131(a)).
(5) Financial institution.--The term ``financial
institution'' means--
(A) an insured depository institution;
(B) an insured credit union; or
(C) any affiliate of an insured depository
institution or insured credit union.
(6) Financial product or service.--The term ``financial
product or service'' has the meaning given the term in section
1002(15) of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5481(15)).
(7) Insured credit union.--The term ``insured credit
union'' has the meaning given the term in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(8) Insured depository institution.--The term ``insured
depository institution'' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
(9) Online service.--The term ``online service'' means any
Internet-based service, such as a Web site or mobile
application.
(10) Personal identification card.--The term ``personal
identification card'' means an identification document issued
by a State, local government, or federally recognized Indian
Tribe to an individual solely for the purpose of identification
of that individual.
(11) Personal information.--The term ``personal
information'' means the information displayed on or
electronically encoded on a driver's license or personal
identification card that is reasonably necessary to fulfill the
purpose and uses permitted by subsection (b).
(12) State.--The term ``State'' means any State,
commonwealth, territory, or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, or the United States Virgin Islands.
(13) Scan.--The term ``scan'' means the act of using a
device or software to decipher, in an electronically readable
format, personal information displayed on or electronically
encoded on a driver's license or personal identification card.
(b) Use of a Driver's License or Personal Identification Card.--
(1) In general.--When an individual initiates a request
through an online service to open an account with a financial
institution or obtain a financial product or service from a
financial institution, the financial institution may record
personal information from a scan of the driver's license or
personal identification card of the individual, or make a copy
or receive an image of the driver's license or personal
identification card of the individual, and store or retain such
information in any electronic format for the purposes described
in paragraph (2).
(2) Uses of information.--Except as required to comply with
Federal bank secrecy laws, a financial institution may only use
the information obtained under paragraph (1)--
(A) to verify the authenticity of the driver's
license or personal identification card;
(B) to verify the identity of the individual; and
(C) to comply with a legal requirement to record,
retain, or transmit the personal information in
connection with opening an account or obtaining a
financial product or service.
(3) Deletion of image.--A financial institution that makes
a copy or receives an image of a driver's license or personal
identification card of an individual in accordance with
paragraph (1) shall, after using the image for the purposes
described in paragraph (2), permanently delete, within a
reasonable amount of time--
(A) any image of the driver's license or personal
identification card, as applicable; and
(B) any copy of any such image.
(c) Disclosure of Personal Information.--Nothing in this section
shall be construed to amend, modify, or otherwise affect any State or
Federal laws that govern a financial institution's disclosure and
security of personal information that is not publicly available.
(d) Relation to State Law.--The provisions of this section shall
preempt and supersede any State law that conflicts with a provision of
this section, but only to the extent of such conflict.
Passed the House of Representatives January 29, 2018.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) This bill authorizes a financial institution to record personal information from a scan, copy, or image of an individual's driver's license or personal identification card and store the information electronically when an individual initiates an online request to open an account or obtain a financial product. The financial institution may use the information for the purpose of verifying the authenticity of the driver's license or identification card, verifying the identity of the individual, or complying with legal requirements. The financial institution must delete any copy or image of an individual's driver's license or personal identification card after use. | {"src": "billsum_train", "title": "Making Online Banking Initiation Legal and Easy Act of 2017"} | 1,206 | 130 | 0.469221 | 1.284128 | 0.099865 | 3.181034 | 9.155172 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Authority Restoration
Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Water is a unique and precious resource that is
necessary to sustain human life and the life of animals and
plants.
(2) Water is used not only for human, animal, and plant
consumption, but is also important for agriculture,
transportation, flood control, energy production, recreation,
fishing and shellfishing, and municipal and commercial uses.
(3) Water has significant historic and cultural value in
our society.
(4) In enacting the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) in 1972 and through subsequent amendment,
including the Clean Water Act of 1977 (91 Stat. 1566) and the
Water Quality Act of 1987 (101 Stat. 7), Congress established
the national objective of restoring and maintaining the
chemical, physical, and biological integrity of the waters of
the United States and recognized that achieving this objective
requires restoration and maintenance of the natural structures
and functions of the aquatic ecosystems of the United States.
(5) Water is transported through interconnected hydrologic
cycles, and the pollution, impairment, or destruction of part
of an aquatic system may affect the chemical, physical, and
biological integrity of other interconnected parts of the
aquatic system.
(6) Protection of intrastate waters, including waters that
appear to be isolated, along with other waters of the United
States, is necessary to restore and maintain the chemical,
physical, and biological integrity of all waters in the United
States.
(7) The regulation of discharges of pollutants into
isolated and intrastate waters is an integral part of the
comprehensive clean water regulatory program of the United
States.
(8) The term ``waters of the United States'' means all
waters of the United States subject to the powers of the
Federal Government under the Constitution, including wetlands
adjacent to bodies of water and other wetlands and waters often
referred to as isolated.
(9) Regardless of whether a wetland or other water is
referred to as isolated, wetlands, lakes, ponds, and other
types of water in the United States are an integral part of the
aquatic environment that contribute to the chemical, physical,
and biological integrity of the aquatic system.
(10) The waters of the United States, including intrastate
and isolated waters, filter pollutants from surface run-off and
remove pollutants before the water is released to groundwater
or surface water or taken up by plants and animals and widely
dispersed throughout the food chain.
(11) The waters of the United States, including intrastate
and isolated waters, also provide crucial habitat for flora and
fauna that contribute to the biological integrity of the
aquatic environment, including unique aquatic vegetation,
amphibians, reptiles, fish, shorebirds, raptors, waterfowl, and
other migratory birds.
(12) More than one-half of the duck population of the
United States breeds in intrastate and isolated waters, as do
approximately one-half of all amphibian species in the United
States.
(13) Small and periodically-flowing streams comprise the
majority of all stream channels in the United States and serve
critical biological and hydrological functions that affect
entire watersheds, especially the life cycles of aquatic
organisms and the movement of higher order streams during
floods.
(14) Destroying, polluting, or altering small stream
channels often results in an accumulation of negative effects
throughout a watershed, including the introduction of pollutants to
larger-order streams and rivers.
(15) The pollution or other degradation of waters of the
United States, including isolated and intrastate waters,
individually and in the aggregate, has a substantial relation
to and affect on interstate commerce.
(16) Protection of the waters of the United States,
including intrastate and isolated waters, is necessary to
prevent significant harm to interstate commerce and sustain a
robust system of interstate commerce in the future.
(17) The navigation system of the United States directly
benefits from maintaining the variety of water types that
collect, store, and filter run-off because that collection,
storage, and filtration greatly reduces the quantity of
sediment deposits and navigation disruption in the waters of
the United States, and without the direct benefits of isolated
and intrastate waters, the United States would spend millions
of additional dollars on navigational dredging projects.
(18) Thousands of businesses and communities depend on
wetlands and intrastate and isolated waters for protection from
flooding.
(19) Draining or filling isolated wetlands and channelizing
or filling streams, including intrastate streams, causes or
exacerbates flooding.
(20) Floods and the risk of floods are a significant burden
on interstate commerce because floods damage and destroy public
infrastructure, private homes, and businesses.
(21) Millions of people in the United States depend on
intrastate and isolated wetlands to filter water and recharge
surface and subsurface drinking water supplies.
(22) Polluted drinking water and depleted drinking water
supplies are significant burdens on interstate commerce because
the lack of a safe and ample water supply significantly limits
economic growth and adversely affects human health.
(23) Agriculture depends on intrastate and isolated waters
for irrigation, watering stock, and maintenance of water supply
to wells.
(24) Millions of people in the United States enjoy
recreational activities that depend on intrastate and isolated
waters, such as waterfowl hunting, bird watching, fishing, and
photography and other graphic arts, and those activities and
associated travel generate billions of dollars of income each
year for the travel, tourism, recreation, and sporting sectors
of the economy of the United States.
(25) Discharges of dredged and fill material and other
pollutants into waters of the United States, including
intrastate and isolated waters, are almost always associated
with activities that are commercial or economic in nature.
(26) Wetlands, including intrastate and isolated wetlands,
are routinely filled to construct roads, parking lots,
residential subdivisions, commercial buildings, solid waste
landfills, and recreational and institutional facilities, all
of which have a substantial relation to and effect on
interstate commerce.
(27) Activities that result in the discharge of pollutants
into waters of the United States are commercial or economic in
nature, including industrial production, transportation and
infrastructure development, residential and commercial
construction and site development, navigation, agriculture and
silviculture, and resource extraction.
(28) In enacting the Federal Water Pollution Control Act
and its amendments, Congress recognized that--
(A) inconsistent State water pollution control laws
are insufficient to protect the aquatic ecosystems of
the United States; and
(B) uniform, minimum national water quality and
aquatic ecosystem protection standards are essential to
prevent incentives to lower environmental standards and
allow businesses in States with less protective
environmental standards to achieve greater profits, not
only at the expense of the downstream public but also
at the expense of businesses in States that impose more
protective environmental standards.
(29) States have the responsibility and right to prevent,
reduce, and eliminate pollution of waters, and the Federal
Water Pollution Control Act respects the rights and
responsibilities of States by preserving for States the ability
to manage permitting, grant, and research programs to prevent,
reduce, and eliminate pollution, and to establish standards and
programs more protective of a State's waters than is provided
under Federal standards and programs.
(30) Protecting the quality of and regulating activities
affecting the waters of the United States is a necessary and
proper means of implementing treaties to which the United
States is a party, including treaties protecting species of
fish, birds, and wildlife, such as--
(A) the Convention for the Protection of Migratory
Birds in the United States and Canada, signed at
Washington on August 16, 1916 (39 Stat. 1702);
(B) the Convention for the Protection of Migratory
Birds and Game Mammals, signed at Mexico City on
February 7, 1936 (50 Stat. 1311); and
(C) the Convention on Nature Protection and
Wildlife Preservation in the Western Hemisphere, with
an annex, opened for signature at the Pan American
Union at Washington on October 12, 1940 (56 Stat.
1354).
(31) Protecting the quality of and regulating activities
affecting the waters of the United States is a necessary and
proper means of protecting Federal land, including hundreds of
millions of acres of parkland, refuge land, and other land
under Federal ownership and the wide array of waters
encompassed by that land.
(32) Protecting the quality of and regulating activities
affecting the waters of the United States is necessary to
protect Federal land and waters from discharges of pollutants
and other forms of degradation.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To provide protection to waters of the United States to
the fullest extent of the legislative authority of Congress
under the Constitution, including the Commerce Clause, the
Property Clause, the Treaty Clause, and the Necessary and
Proper Clause of Articles I and IV of the Constitution.
(2) To regulate activities affecting the waters of the
United States, including intrastate and isolated waters.
(3) To restore and maintain the chemical, physical, and
biological integrity of the waters of the United States.
SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended--
(1) by striking paragraph (7);
(2) by redesignating paragraphs (8) through (23) as
paragraphs (7) through (22), respectively; and
(3) by adding at the end the following:
``(23) Waters of the united states.--The term `waters of
the United States' means all waters subject to the ebb and flow
of the tide, the territorial seas, and all interstate and
intrastate waters and their tributaries, including lakes,
rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows,
playa lakes, natural ponds, and all impoundments of the
foregoing, to the fullest extent that these waters, or
activities affecting these waters, are subject to the
legislative power of Congress under the Constitution.''.
SEC. 5. CONFORMING AMENDMENTS.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended--
(1) by striking ``navigable waters of the United States''
each place it appears and inserting ``waters of the United
States'';
(2) in section 304(l)(1) by striking ``navigable waters''
in the heading and inserting ``waters of the united states'';
and
(3) by striking ``navigable waters'' each place it appears
and inserting ``waters of the United States''. | Clean Water Authority Restoration Act of 2002 - Amends the Federal Water Pollution Control Act to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States."} | 2,321 | 174 | 0.552676 | 1.601486 | 0.670374 | 7.659091 | 17.121212 | 0.931818 |
SECTION 1. EXCLUSION OF INCOME FOR RESIDENTS OF THE HURRICANES KATRINA
AND RITA CORE DISASTER AREA.
(a) General Rule.--In the case of an individual, there shall be
excluded from gross income for each taxable year beginning during
calendar year 2005 an amount equal to the qualified earned income of
the taxpayer.
(b) Limitation Based on Foreign Earned Income Exclusion Rule.--
(1) In general.--The amount which may be excluded under
subsection (a) for any taxable year shall not exceed the amount
of qualified earned income computed on a daily basis at an
annual rate equal to the exclusion amount for the calendar year
in which such taxable year begins.
(2) Exclusion amount.--For purposes of paragraph (1), the
exclusion amount is the amount in effect for calendar year 2005
under section 911(b)(2) of the Internal Revenue Code of 1986.
(c) Qualified Earned Income.--For purposes of this section--
(1) In general.--The term ``qualified earned income'' means
earned income (as defined by section 911(d)(2) of such Code) of
a qualified individual. For purposes of the preceding sentence,
rules similar to the rules of section 911(b) of such Code shall
apply.
(2) Qualified individual.--The term ``qualified
individual'' means an individual whose tax home is in the
Hurricanes Katrina and Rita core disaster area and--
(A) who is a citizen or resident of the United
States and establishes to the satisfaction of the
Secretary that he has been a bona fide resident of the
Hurricanes Katrina and Rita core disaster area for the
uninterrupted period which includes the entire taxable
year beginning in 2005,
(B) who is a citizen or resident of the United
States and who, during calendar year 2005, is present
in such core disaster area during at least 330 full
days in such year, or
(C) whose earned income for the immediately
preceding taxable year attributable to sources within
the Hurricanes Katrina and Rita core disaster area is
greater than 50 percent of such individual's total
earned income for such taxable year.
(3) Tax home.--The term ``tax home'' means, with respect to
any individual, such individual's home for purposes of section
162(a)(2) of such Code (relating to traveling expenses while
away from home). An individual shall not be treated as having a
tax home in the Hurricanes Katrina and Rita core disaster area
for any period for which his abode is within the United States
outside of the Hurricanes Katrina and Rita core disaster area.
(4) Hurricanes katrina and rita core disaster area.--
(A) In general.--The term ``Hurricanes Katrina and
Rita core disaster area'' means that portion of the
Hurricane Katrina disaster area and the Hurricane Rita
disaster area determined by the President to warrant
individual or individual and public assistance from the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by reason
of Hurricane Katrina or Hurricane Rita.
(B) Hurricane katrina disaster area.--The term
``Hurricane Katrina disaster area'' means an area with
respect to which a major disaster has been declared by
the President before September 14, 2005, under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane
Katrina.
(C) Hurricane rita disaster area.--The term
``Hurricane Rita disaster area'' means an area with
respect to which a major disaster has been declared by
the President, before October 6, 2005, under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane Rita.
(5) Waiver of period of stay.--Notwithstanding paragraph
(2), an individual who--
(A) is a bona fide resident of, or is present in,
the Hurricanes Katrina and Rita core disaster area for
any period,
(B) leaves the Hurricanes Katrina and Rita core
disaster area by reason of Hurricane Katrina or
Hurricane Rita--
(i) during any period during which the
Secretary determines that individuals were
required to leave such area because of adverse
conditions in such area which precluded the
normal conduct of business by such individuals,
and
(ii) before meeting the requirements of
paragraph (1), and
(iii) establishes to the satisfaction of
the Secretary that such individual could
reasonably have been expected to have met such
requirements but for the conditions referred to
in clause (i),
shall be treated as a qualified individual with respect
to the period described in subparagraph (A) during
which he was a bona fide resident of, or was present
in, such core disaster area and in applying subsection
(b) with respect to such individual, only the days
within such period shall be taken into account.
(d) Secretary Defined.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the Secretary's
delegate.
(e) Amounts Excluded Treated as Section 911 Exclusion for Purposes
of Internal Revenue Code of 1986.--For purposes of the Internal Revenue
Code of 1986, any amount excluded under this section shall be treated
as an amount to excluded under section 911 of such Code.
(f) Rule of Interpretation.--This section shall be interpreted and
applied using the principles of section 911 of such Code.
(g) Regulations.--The Secretary shall prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section. Such regulations shall be similar to the regulations
prescribed under section 911(d)(9) of such Code. | Allows individual taxpayers residing in the Hurricanes Katrina and Rita core disaster areas an exclusion from gross income, for federal income tax purposes, for a certain amount of their income earned in 2005 within such disaster areas. | {"src": "billsum_train", "title": "To provide an exclusion from gross income for income earned in 2005 from sources within the Hurricanes Katrina and Rita core disaster area."} | 1,279 | 51 | 0.648964 | 1.505637 | 0.482563 | 2.475 | 27.9 | 0.825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Militarizing Law Enforcement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Under section 2576a of title 10, United States Code,
the Department of Defense is authorized to provide excess
property to local law enforcement agencies. The Defense
Logistics Agency, administers such section by operating the Law
Enforcement Support Office program.
(2) New and used material, including mine-resistant ambush-
protected vehicles and weapons determined by the Department of
Defense to be ``military grade'' are transferred to local and
Federal law enforcement agencies through the program.
(3) As a result local law enforcement agencies, including
police and sheriff's departments, are acquiring this material
for use in their normal operations.
(4) As a result of the wars in Iraq and Afghanistan,
military equipment purchased for, and used in, those wars has
become excess property and has been made available for transfer
to local and Federal law enforcement agencies.
(5) According to public reports, approximately 12,000
police organizations across the country were able to procure
nearly $500,000,000 worth of excess military merchandise
including firearms, computers, helicopters, clothing, and other
products, at no charge during fiscal year 2011 alone.
(6) More than $4,000,000,000 worth of weapons and equipment
have been transferred to police organizations in all 50 states
and four territories through the program.
(7) In May 2012, the Defense Logistics Agency instituted a
moratorium on weapons transfers through the program after
reports of missing equipment and inappropriate weapons
transfers.
(8) Though the moratorium was widely publicized, it was
lifted in October 2013 without adequate safeguards.
(9) As a result, Federal, State, and local law enforcement
departments across the country are eligible again to acquire
free ``military-grade'' weapons and equipment that could be
used inappropriately during policing efforts in which citizens
and taxpayers could be harmed.
(10) Pursuant to section III(J) of a Defense Logistics
Agency memorandum of understanding, property obtained through
the program must be placed into use within one year of receipt,
possibly providing an incentive for the unnecessary and
potentially dangerous use of ``military grade'' equipment by
local law enforcement.
(11) The Department of Defense categorizes equipment
eligible for transfer under the 1033 program as ``controlled''
and ``un-controlled'' equipment. ``Controlled equipment''
includes weapons, explosives such as flash-bang grenades, mine
resistant ambush protected vehicles, long range acoustic
devices, aircraft capable of being modified to carry armament
that are combat coded, and silencers, among other military
grade items.
SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL
PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES.
(a) In General.--Section 2576a of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counter-drug
and''; and
(B) in paragraph (2), by striking ``and the
Director of National Drug Control Policy'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(5) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property;
``(6) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(7) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense; and
``(8) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the request
for personal property under this section by--
``(A) publishing a notice of such request on a
publicly accessible Internet website;
``(B) posting such notice at several prominent
locations in the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to
the local community for a period of not less than 30
days.'';
(3) by striking subsection (d); and
(4) by adding at the end the following new subsections:
``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress
certification in writing that each Federal or State agency to which the
Secretary has transferred property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled personal property, including arms
and ammunition, that the Secretary has transferred to the
agency, including any item described in subsection (f) so
transferred before the date of the enactment of the Stop
Militarizing Law Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may not
transfer additional property to that agency under this section.
``(e) Annual Report on Excess Property.--Before making any property
available for transfer under this section, the Secretary shall annually
submit to Congress a description of the property to be transferred
together with a certification that the transfer of the property would
not violate this section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not transfer
the following personal property of the Department of Defense under this
section:
``(A) Controlled firearms, ammunition, grenades (including
stun and flash-bang) and explosives.
``(B) Controlled vehicles, highly mobile multi-wheeled
vehicles, mine-resistant ambush-protected vehicles, trucks,
truck dump, truck utility, and truck carryall.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight
application.
``(E) Silencers.
``(F) Long range acoustic devices.
``(G) Items in the Federal Supply Class of banned items.
``(2) The Secretary may not require, as a condition of a transfer
under this section, that a Federal or State agency demonstrate the use
of any small arms or ammunition.
``(3) The limitations under this subsection shall also apply with
respect to the transfer of previously transferred property of the
Department of Defense from one Federal or State agency to another such
agency.
``(4)(A) The Secretary may waive the applicability of paragraph (1)
to a vehicle described in subparagraph (B) of such paragraph (other
than a mine-resistant ambush-protected vehicle), if the Secretary
determines that such a waiver is necessary for disaster or rescue
purposes or for another purpose where life and public safety are at
risk, as demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph (A), the
Secretary shall--
``(i) submit to Congress notice of the waiver, and post
such notice on a public Internet website of the Department, by
not later than 30 days after the date on which the waiver is
issued; and
``(ii) require, as a condition of the waiver, that the
recipient of the vehicle for which the waiver is issued
provides public notice of the waiver and the transfer,
including the type of vehicle and the purpose for which it is
transferred, in the jurisdiction where the recipient is located
by not later than 30 days after the date on which the waiver is
issued.
``(5) The Secretary may provide for an exemption to the limitation
under subparagraph (D) of paragraph (1) in the case of parts for
aircraft described in such subparagraph that are transferred as part of
regular maintenance of aircraft in an existing fleet.
``(g) Conditions for Extension of Program.--(1) Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless the Secretary submits to
Congress certification that for the preceding fiscal year that--
``(A) each Federal or State agency that has received
covered property transferred under this section has--
``(i) demonstrated 100 percent accountability for
all such property, in accordance with subparagraph (B)
or (C), as applicable; or
``(ii) been suspended from the program pursuant to
subparagraph (D);
``(B) with respect to each non-Federal agency that has
received covered property under this section, the State
coordinator responsible for each such agency has verified that
the coordinator or an agent of the coordinator has conducted an
in-person inventory of the property transferred to the agency
and that 100 percent of such property was accounted for during
the inventory or that the agency has been suspended from the
program pursuant to subparagraph (D);
``(C) with respect to each Federal agency that has received
covered property under this section, the Secretary of Defense
or an agent of the Secretary has conducted an in-person
inventory of the property transferred to the agency and that
100 percent of such property was accounted for during the
inventory or that the agency has been suspended from the
program pursuant to subparagraph (D);
``(D) the eligibility of any agency that has received
covered property under this section for which 100 percent of
the property was not accounted for during an inventory
described in subparagraph (A) or (B), as applicable, to receive
any property transferred under this section has been suspended;
and
``(E) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(i) the agency has complied with all requirements
under this section; or
``(ii) the eligibility of the agency to receive
property transferred under this section has been
suspended; and
``(F) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(i) the agency has complied with all requirements
under this section; or
``(ii) the eligibility of the agency to receive
property transferred under this section has been
suspended.
``(2) In this subsection, the term `covered property' means
property classified as controlled equipment.
``(h) Prohibition on Ownership.--A Federal or State agency that
receives property classified as controlled equipment under this section
may never take ownership of the property.
``(i) Website.--The Defense Logistics Agency shall maintain an
Internet website on which the following information shall be made
publicly available:
``(1) A description of each transfer made under this
section, including transfers made before and after the date of
the enactment of the Stop Militarizing Law Enforcement Act,
broken down by State, county, and recipient.
``(2) During the 30-day period preceding the date on which
any property is transferred under this section, a description
of the property to be transferred and the recipient of the
transferred items.
``(3) Notice of any use of controlled equipment by the
recipient of property transferred under this section as
provided under subsection (l).
``(j) Notice to Congress of Property Downgrades.--Not later than 30
days before downgrading the classification of any item of personal
property from controlled or Federal Supply Class, the Secretary shall
submit to Congress notice of the proposed downgrade.
``(k) Notice to Congress of Property Cannibalization.--Before the
Defense Logistics Agency authorizes the recipient of property
transferred under this section to cannibalize the property, the
Secretary shall submit to Congress notice of such authorization,
including the name of the recipient requesting the authorization, the
purpose of the proposed cannibalization, and the type of property
proposed to be cannibalized.
``(l) Quarterly Reports on Use of Controlled Equipment.--Not later
than 30 days after the last day of a fiscal quarter, the Secretary
shall submit to Congress a report on any uses of controlled equipment
transferred under this section during that fiscal quarter.
``(m) Reports to Congress.--Not later than 30 days after the last
day of a fiscal year, the Secretary shall submit to Congress a report
on the following for the preceding fiscal year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary value
of such property, and the recipient that lost the property.
``(2) The transfer of any new (condition code A) property
transferred under this section, including specific information
about the type of property, the recipient of the property, the
monetary value of each item of the property, and the total
monetary value of all such property transferred during the
fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any transfer of property made after the date of
the enactment of this Act. | Stop Militarizing Law Enforcement Act Revises the Department of Defense's (DOD's) authority to transfer excess personal property to federal and state law enforcement agencies. Removes DOD's authority to transfer property for counter-drug activities. Requires recipients of DOD property to certify that they: (1) have personnel, technical capacity, and training to operate the property; and (2) will return to DOD any property that is surplus to the recipient's needs. Requires recipients that are not federal agencies to certify that they have notified their local community of requests for DOD property with a notice on a publicly accessible Internet website and postings at prominent locations in the jurisdiction. Requires DOD to submit annually to Congress a description of property to be transferred along with a certification that the transfers are not prohibited by law. Prohibits transfers of: controlled (i.e., military grade) firearms, ammunition, grenades, and explosives; controlled vehicles, certain trucks, and other highly mobile or mine-resistant ambush-protected vehicles; armored or weaponized drones; controlled aircraft that are combat configured or combat coded, or that have no established commercial flight application; silencers; long range acoustic devices; and items in the Federal Supply Class of banned items. Prohibits transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions. Prohibits transfers of previously transferred DOD property from one federal or state agency to another such agency. Allows DOD to waive transfer prohibitions for certain trucks and vehicles (other than mine-resistant ambush-protected vehicles) if necessary for disasters, rescues, or other purposes where life and public safety are at risk. Requires notice of such a waiver to be provided to Congress and the public. Permits DOD to exempt aircraft parts transferred for regular maintenance of aircraft in an existing fleet. Prohibits obligations or expenditures of appropriations to carry out DOD's property transfer program unless specified conditions have been met, including requirements to verify: (1) that in-person inventories of transferred property have been conducted at each agency, and (2) that 100% of such property was accounted for during the inventories or that agencies unable to account for such property have been suspended from the program. Prohibits federal or state agencies that receive controlled equipment from taking ownership of the property. Requires the Defense Logistics Agency to maintain an Internet website to make available to the public: (1) information on each transfer, broken down by state, county, and recipient; (2) during the 30-day period preceding the date on which any property is transferred, information on the property to be transferred and the recipient; and (3) information on any use of controlled equipment by the transfer recipient. | {"src": "billsum_train", "title": "Stop Militarizing Law Enforcement Act"} | 2,920 | 607 | 0.575661 | 1.981878 | 0.703335 | 3.184261 | 5.504798 | 0.873321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Aid to Community Heroes
Act of 2008''.
SEC. 2. CHARITABLE ORGANIZATIONS PERMITTED TO COLLECT AND DISPERSE
DEDUCTIBLE CONTRIBUTIONS FOR CERTAIN INDIVIDUALS WHO ARE
INJURED OR KILLED IN AN EFFORT TO PROTECT LIFE OR
PROPERTY.
(a) In General.--Section 170 of the Internal Revenue Code of 1986
(relating to charitable, etc., contributions and gifts) is amended by
redesignating subsection (p) as subsection (q) and by inserting after
subsection (o) the following new subsection:
``(p) Charitable Organizations Permitted To Collect and Disperse
Deductible Contributions for Certain Individuals Who Are Injured or
Killed in an Effort To Protect Life or Property.--For purposes of this
title--
``(1) In general.--Payments made by an organization
described in paragraph (1) or (2) of section 509(a) to an
eligible individual or to a member of such individual's family
shall be treated as related to the purpose or function
constituting the basis for such organization's exemption under
section 501 if the requirements of paragraphs (3), (4), and (5)
are met.
``(2) Eligible individual.--For purposes of this
subsection, the term `eligible individual' means any individual
who is injured or killed in an effort to protect life or
property if such individual is injured or killed while on duty
as--
``(A) any Federal, State, or local government
employee, or
``(B) a member of a qualified volunteer emergency
response organization (as defined in section
139B(c)(3)).
``(3) Fundraising requirements.--The requirements of this
paragraph are met if--
``(A) the organization referred to in paragraph (1)
does not engage in any effort to solicit contributions
for distribution under this subsection,
``(B) such organization accepts contributions with
respect to any death or injury only during the 1-year
period beginning on the last day of the event which
resulted in such death or injury,
``(C) at least 50 donors contribute to such
organization with respect to such event, and
``(D) more than 95 percent of the funds are
contributed by persons who are unrelated to any
individual who is entitled to any distribution from
such contributions.
``(4) Administrative requirements.--The requirements of
this paragraph are met if the entire amount contributed (and
any earnings thereon) is distributed to eligible individuals or
members of their families.
``(5) Distribution requirements.--
``(A) In general.--The requirements of this
paragraph are met with respect to an event if--
``(i) all distributions are made within 180
days after the close of the 1-year period
referred to in paragraph (3)(B), and
``(ii) of the aggregate amount to be
distributed--
``(I) half is distributed in equal
amounts to each eligible individual
with respect to such event, and
``(II) half is distributed in
accordance with subparagraph (B).
``(B) Family shares.--The amount required to be
distributed under this subparagraph shall be
distributed as follows (with shares being equal
amounts):
``(i) Each eligible individual shall
receive 1 share.
``(ii) Each spouse of an eligible
individual shall receive 1 share.
``(iii) Each qualifying child of an
eligible individual or an eligible individual's
spouse shall receive \1/2\ share.
``(6) Member of family.--For purposes of this subsection--
``(A) In general.--The members of the family of an
eligible individual are the spouse and qualifying
children of such individual.
``(B) Date of determination.--The determination of
whether an individual is a spouse or qualifying child
of an eligible individual shall be made as of the date
of the death or injury of such individual, whichever is
earlier.
``(C) Qualifying child.--The term `qualifying
child' means, with respect to an eligible individual,
any individual--
``(i) who bears a relationship to the
eligible individual or the eligible
individual's spouse which is described in
section 152(c)(2),
``(ii) who meets the age requirements of
section 152(c)(3), and
``(iii) over half of whose support is
provided by the eligible individual.
``(7) Deceased eligible individuals.--In the case of an
eligible individual who died as a result of the event to which
this subsection applies, references to such individual shall be
treated as references to the estate of such individual.
``(8) Organizations receiving contributions with respect to
more than 1 event.--If any organization receives contributions
with respect to more than 1 event, the provisions of this
subsection shall be applied separately with respect to each
event.''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions received by organizations after the date of the
enactment of this Act. | Charitable Aid to Community Heroes Act of 2008 - Amends the Internal Revenue Code to permit charitable organizations to receive contributions on behalf of federal, state, or local government employees or members of a volunteer emergency response organization who are injured or killed while protecting life or property and to distribute such contributions to such employees or members and their family members within a specified time period. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow charitable organizations to collect and disperse deductible contributions for certain individuals who are injured or killed in an effort to protect life or property."} | 1,140 | 78 | 0.542661 | 1.272799 | 0.827964 | 2.414286 | 14.857143 | 0.871429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Protection for
Construction, Architectural, and Engineering Volunteers Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The construction, architectural, and engineering
industries provide a valuable service in times of disasters and
emergencies.
(2) The construction, architectural, and engineering
industries answered the call on September 11, 2001, and the
days afterwards to assist in the search, recovery, and clean-up
efforts in New York City and Arlington, Virginia, as well as in
the aftermath of Hurricane Katrina.
(3) The expertise and equipment brought forth for the
search, recovery, and other efforts greatly advanced and
improved the efficiency of these efforts.
(4) Such efforts by the construction, architectural, and
engineering industries make it safer for police, firefighters,
and other rescue workers to work on search and recovery
efforts.
(5) The services provided by the construction,
architectural, and engineering industries improve the safety of
the public by the assessment, containment, and mitigation of
conditions that threaten life and property.
(6) Construction companies and architectural and
engineering entities were faced with lawsuits as a result of
their voluntary efforts on behalf of their fellow citizens in
New York City and the Gulf Coast.
(7) Providing construction contractors and architectural
and engineering entities qualified immunity from liability when
providing services in this type of volunteer activity helps to
ensure that such services will be available in the future in
times of need.
SEC. 3. PROVISION OF QUALIFIED IMMUNITY FROM LIABILITY FOR NEGLIGENCE
TO CONSTRUCTION, ARCHITECTURAL, AND ENGINEERING ENTITIES
WHEN PROVIDING SERVICES OR EQUIPMENT ON A VOLUNTEER BASIS
IN RESPONSE TO A DECLARED EMERGENCY OR DISASTER.
(a) Liability Protection.--When a construction entity provides
emergency construction assistance, or an architectural or engineering
entity provides emergency architectural or engineering assistance, on a
voluntary basis, in good faith, and without expectation of
compensation, and the entity or an employee of such entity negligently
causes harm, the entity and the employee, if applicable, are not
jointly, severally, or individually liable in damages for that harm.
Nothing in this section shall be construed as providing immunity for
gross negligence or willful misconduct.
(b) Definitions.--In this section:
(1) The term ``construction entity'' means a person, sole
proprietorship, partnership, limited liability company, or
corporation in the regular business of providing construction
assistance.
(2) The term ``architectural or engineering entity'' means
a person, sole proprietorship, partnership, limited liability
company, or corporation in the regular business of providing
architectural or engineering assistance.
(3) The term ``construction assistance'' means materials,
labor, equipment, or services for construction-related
activities, including construction, demolition, repair, clean-
up, alteration, and remediation.
(4) The term ``architectural or engineering assistance''
means professional services of an architectural or engineering
nature, as defined by State law, if applicable, that are
required to be performed or approved by a licensed professional
architect or engineer.
(5) The terms ``emergency construction assistance'' and
``emergency architectural or engineering assistance'' mean
construction assistance and architectural or engineering
assistance, respectively, provided--
(A) at the direction of a public official acting in
an official capacity; and
(B) in response to or arising out of a declared
Federal, State, or local emergency or disaster, whether
the assistance is provided before or after the formal
declaration of emergency or disaster.
(c) Relationship to State Law.--
(1) Preemption.--This section preempts the laws of any
State to the extent that such laws are inconsistent with this
section, except that it does not preclude a State from
providing a higher amount of protection from liability, or from
providing reimbursement for costs or expenses as authorized by
State or local law.
(2) Workers compensation.--This section does not apply to
liability under workers compensation laws. | Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act - Grants construction companies and architectural and engineering firms and their employees immunity from liability for negligence, except for gross negligence or willful misconduct, when providing emergency assistance on a voluntary basis in response to a declared emergency or disaster, in good faith, and without expectation of compensation. | {"src": "billsum_train", "title": "To provide construction, architectural, and engineering entities with qualified immunity from liability for negligence when providing services or equipment on a volunteer basis in response to a declared emergency or disaster."} | 885 | 75 | 0.590455 | 1.715872 | 1.088681 | 5.015385 | 12.969231 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Class Action Plaintiffs
Act of 1995''.
SEC. 2. NOTIFICATION REQUIREMENT OF CLASS ACTION CERTIFICATION OR
SETTLEMENT.
(a) In General.--Part V of title 28, United States Code, is amended
by inserting after chapter 113 the following new chapter:
``CHAPTER 114--CLASS ACTIONS
``Sec.
``1711. Notification of class action certifications and settlements.
``Sec. 1711. Notification of class action certifications and
settlements
``(a) For purposes of this section, the term--
``(1) `class' means a group of similarly situated
individuals, defined by a class certification order, that
comprise a party in a class action lawsuit;
``(2) `class action' means a lawsuit filed pursuant to rule
23 of the Federal Rules of Civil Procedure or similar State
rules of procedure authorizing a lawsuit to be brought by 1 or
more representative individuals on behalf of a class;
``(3) `class certification order' means an order issued by
a court approving the treatment of a lawsuit as a class action;
``(4) `class member' means a person that falls within the
definition of the class;
``(5) `class counsel' means the attorneys representing the
class in a class action;
``(6) `electronic legal databases' means computer services
available to subscribers containing text of judicial opinions
and other legal materials, such as LEXIS or WESTLAW;
``(7) `official court reporter' means a publicly available
compilation of published judicial opinions;
``(8) `plaintiff class action' means a class action in
which the plaintiff is a class; and
``(9) `proposed settlement' means a settlement agreement
between the parties in a class action that is subject to court
approval before it becomes binding on the parties.
``(b) This section shall apply to--
``(1) all plaintiff class actions filed in Federal court;
and
``(2) all plaintiff class actions filed in State court in
which--
``(A) any class member resides outside the State in
which the action is filed; and
``(B) the transaction or occurrence that gave rise
to the lawsuit occurred in more than one State.
``(c) No later than 10 days after a proposed settlement in a class
action is filed in court, class counsel shall serve the State attorney
general of each State in which a class member resides and the
Department of Justice as if they were parties in the class action
with--
``(1) a copy of the complaint and any materials filed with
the complaint;
``(2) notice of any scheduled judicial hearing in the class
action;
``(3) any proposed or final notification to class members
of--
``(A) their rights to request exclusion from the
class action; and
``(B) a proposed settlement of a class action;
``(4) any proposed or final class action settlement;
``(5) any settlement or other agreement contemporaneously
made between class counsel and counsel for the defendants;
``(6) any final judgment or notice of dismissal; and
``(7) any written judicial opinion relating to the
materials described under paragraphs (3) through (6).
``(d) A hearing to consider final approval of a proposed settlement
may not be held earlier than 120 days after the date on which the State
attorney generals and the Department of Justice are served notice under
subsection (c).
``(e) A class member may refuse to comply with and may choose not
be bound by a settlement agreement or consent decree in a class action
lawsuit if the class member resides in a State where the State attorney
general has not been provided notice and materials under subsection
(c). The rights created by this subsection shall apply only to class
members or any person acting on their behalf.
``(f) Any court order certifying a class, approving a proposed
settlement in a class action, or entering a consent decree in a class
action, and any written opinions concerning such court orders and
decrees, shall be made available for publication in official court
reporters and electronic legal databases.
``(g) Any court with jurisdiction over a plaintiff class action
shall require that--
``(1) any written notice provided to the class through the
mail or publication in printed media contain a short summary
written in plain, easily understood language, describing--
``(A) the subject matter of the class action;
``(B) the legal consequences of joining the class
action;
``(C) if the notice is informing class members of a
proposed settlement agreement--
``(i) the benefits that will accrue to the
class due to the settlement;
``(ii) the rights that class members will
lose or waive through the settlement;
``(iii) obligations that will be imposed on
the defendants by the settlement;
``(iv) a good faith estimate of the dollar
amount of any attorney's fee if possible; and
``(v) an explanation of how any attorney's
fee will be calculated and funded; and
``(D) any other material matter; and
``(2) any notice provided through television or radio to
inform the class of its rights to be excluded from a class
action or a proposed settlement shall, in plain, easily
understood language--
``(A) describe the individuals that may potentially
become class members in the class action; and
``(B) explain that the failure of individuals
falling within the definition of the class to exercise
their right to be excluded from a class action will
result in the individual's inclusion in the class
action.
``(h) Compliance with this section shall not immunize any party
from any legal action under Federal or State law, including actions for
malpractice or fraud.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part V of title 28, United States Code, is amended by inserting after
the item relating to chapter 113 the following:
``114. Class Actions........................................ 1711''.
SEC. 3. APPLICABILITY.
This Act and the amendments made by this Act shall apply to all
class action lawsuits filed after or pending on the date of enactment
of this Act. | Protecting Class Action Plaintiffs Act of 1995 - Amends the Federal judicial code to require the attorneys representing the class in a class action lawsuit, no later than ten days after a proposed settlement is filed, to serve the attorney general of each State in which a class member resides and the Department of Justice (DOJ) with specified information, including a copy of the complaint, notice of any scheduled judicial hearing in the class action, and any proposed or final class action settlement.
Specifies that: (1) a hearing to consider final approval of a proposed settlement may not be held earlier than 120 days after such notice is served; (2) a class member may refuse to comply with, and may choose not to be bound by, a settlement agreement or consent decree in such a lawsuit if the class member resides in a State whose attorney general has not been provided such notice; and (3) any court order certifying a class or approving a proposed settlement in a class action and any written opinions concerning such court orders and decrees shall be made available for publication in official court reporters and electronic legal databases.
Directs any court with jurisdiction over a class action in which the plaintiff is a class to require that: (1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language describing the subject matter of the class action, the legal consequences of joining such action, and specified other information; and (2) any notice provided through television or radio to inform the class of its rights to be excluded from a class action or a proposed settlement indicate and explain in plain, easily understood language the individuals that may potentially become class members and that the failure of individuals to exercise their right to be excluded will result in the individual's inclusion in the class action. | {"src": "billsum_train", "title": "Protecting Class Action Plaintiffs Act of 1995"} | 1,395 | 388 | 0.67442 | 2.036273 | 0.803778 | 5.883333 | 3.808333 | 0.961111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methane Hydrate Research and
Development Reauthorization Act of 2005''.
SEC. 2. METHANE HYDRATE RESEARCH AND DEVELOPMENT.
The Methane Hydrate Research and Development Act of 2000 (30 U.S.C.
1902 note; Public Law 106-193) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Methane Hydrate Research and
Development Act of 2000'.
``SEC. 2. FINDINGS.
``Congress finds that--
``(1) in order to promote energy independence and meet the
increasing demand for energy, the United States will require a
diversified portfolio of substantially increased quantities of
electricity, natural gas, and transportation fuels;
``(2) according to the report submitted to Congress by the
National Research Council entitled `Charting the Future of
Methane Hydrate Research in the United States', the total
United States resources of gas hydrates have been estimated to
be on the order of 200,000 trillion cubic feet;
``(3) according to the report of the National Commission on
Energy Policy entitled `Ending the Energy Stalemate--A
Bipartisan Strategy to Meet America's Energy Challenge', and
dated December 2004, the United States may be endowed with over
1/4 of the methane hydrate deposits in the world;
``(4) according to the Energy Information Administration, a
shortfall in natural gas supply from conventional and
unconventional sources is expected to occur in or about 2020;
and
``(5) the National Academy of Science states that methane
hydrate may have the potential to alleviate the projected
shortfall in the natural gas supply.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Contract.--The term `contract' means a procurement
contract within the meaning of section 6303 of title 31, United
States Code.
``(2) Cooperative agreement.--The term `cooperative
agreement' means a cooperative agreement within the meaning of
section 6305 of title 31, United States Code.
``(3) Director.--The term `Director' means the Director of
the National Science Foundation.
``(4) Grant.--The term `grant' means a grant awarded under
a grant agreement (within the meaning of section 6304 of title
31, United States Code).
``(5) Industrial enterprise.--The term `industrial
enterprise' means a private, nongovernmental enterprise that
has an expertise or capability that relates to methane hydrate
research and development.
``(6) Institution of higher education.--The term
`institution of higher education' means an institution of
higher education (as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)).
``(7) Secretary.--The term `Secretary' means the Secretary
of Energy, acting through the Assistant Secretary for Fossil
Energy.
``(8) Secretary of commerce.--The term `Secretary of
Commerce' means the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration.
``(9) Secretary of defense.--The term `Secretary of
Defense' means the Secretary of Defense, acting through the
Secretary of the Navy.
``(10) Secretary of the interior.--The term `Secretary of
the Interior' means the Secretary of the Interior, acting
through the Director of the United States Geological Survey,
the Director of the Bureau of Land Management, and the Director
of the Minerals Management Service.
``SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.
``(a) In General.--
``(1) Commencement of program.--Not later than 90 days
after the date of the enactment of the Methane Hydrate Research
and Development Reauthorization Act of 2005, the Secretary, in
consultation with the Secretary of Commerce, the Secretary of
Defense, the Secretary of the Interior, and the Director, shall
commence a program of methane hydrate research and development
in accordance with this section.
``(2) Designations.--The Secretary, the Secretary of
Commerce, the Secretary of Defense, the Secretary of the
Interior, and the Director shall designate individuals to carry
out this section.
``(3) Coordination.--The individual designated by the
Secretary shall coordinate all activities within the Department
of Energy relating to methane hydrate research and development.
``(4) Meetings.--The individuals designated under paragraph
(2) shall meet not later than 180 days after the date of the
enactment of the Methane Hydrate Research and Development
Reauthorization Act of 2005 and not less frequently than every
180 days thereafter to--
``(A) review the progress of the program under
paragraph (1); and
``(B) coordinate interagency research and
partnership efforts in carrying out the program.
``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds
Transfer Agreements, and Field Work Proposals.--
``(1) Assistance and coordination.--In carrying out the
program of methane hydrate research and development authorized
by this section, the Secretary may award grants to, or enter
into contracts or cooperative agreements with, institutions of
higher education and industrial enterprises to--
``(A) conduct basic and applied research to
identify, explore, assess, and develop methane hydrate
as a commercially viable source of energy;
``(B) identify methane hydrate resources through
remote sensing;
``(C) acquire and reprocess seismic data suitable
for characterizing methane hydrate accumulations;
``(D) assist in developing technologies required
for efficient and environmentally sound development of
methane hydrate resources;
``(E) promote education and training in methane
hydrate resource research and resource development
through fellowships or other means for graduate
education and training;
``(F) conduct basic and applied research to assess
and mitigate the environmental impact of hydrate
degassing (including both natural degassing and
degassing associated with commercial development);
``(G) develop technologies to reduce the risks of
drilling through methane hydrates; and
``(H) conduct exploratory drilling, well testing,
and production testing operations on permafrost and
non-permafrost gas hydrates in support of the
activities authorized by this paragraph, including
drilling of 1 or more full-scale production test wells.
``(2) Competitive peer review.--Funds made available under
paragraph (1) shall be made available based on a competitive
process using external scientific peer review of proposed
research.
``(c) Methane Hydrates Advisory Panel.--
``(1) In general.--The Secretary shall establish an
advisory panel (including the hiring of appropriate staff)
consisting of representatives of industrial enterprises,
institutions of higher education, oceanographic institutions,
State agencies, and environmental organizations with knowledge
and expertise in the natural gas hydrates field, to--
``(A) assist in developing recommendations and
broad programmatic priorities for the methane hydrate
research and development program carried out under
subsection (a)(1);
``(B) provide scientific oversight for the methane
hydrates program, including assessing progress toward
program goals, evaluating program balance, and
providing recommendations to enhance the quality of the
program over time; and
``(C) not later than 2 years after the date of the
enactment of the Methane Hydrate Research and
Development Reauthorization Act of 2005, and at such
later dates as the panel considers advisable, submit to
Congress--
``(i) an assessment of the methane hydrate
research program; and
``(ii) an assessment of the 5-year research
plan of the Department of Energy.
``(2) Conflicts of interest.--In appointing each member of
the advisory panel established under paragraph (1), the
Secretary shall ensure, to the maximum extent practicable, that
the appointment of the member does not pose a conflict of
interest with respect to the duties of the member under this
Act.
``(3) Meetings.--The advisory panel shall--
``(A) hold the initial meeting of the advisory
panel not later than 180 days after the date of
establishment of the advisory panel; and
``(B) meet biennially thereafter.
``(4) Coordination.--The advisory panel shall coordinate
activities of the advisory panel with program managers of the
Department of Energy at appropriate national laboratories
``(d) Construction Costs.--None of the funds made available to
carry out this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or alteration of an
existing building (including site grading and improvement and architect
fees).
``(e) Responsibilities of the Secretary.--In carrying out
subsection (b)(1), the Secretary shall--
``(1) facilitate and develop partnerships among government,
industrial enterprises, and institutions of higher education to
research, identify, assess, and explore methane hydrate
resources;
``(2) undertake programs to develop basic information
necessary for promoting long-term interest in methane hydrate
resources as an energy source;
``(3) ensure that the data and information developed
through the program are accessible and widely disseminated as
needed and appropriate;
``(4) promote cooperation among agencies that are
developing technologies that may hold promise for methane
hydrate resource development;
``(5) report annually to Congress on the results of actions
taken to carry out this Act; and
``(6) ensure, to the maximum extent practicable, greater
participation by the Department of Energy in international
cooperative efforts.
``SEC. 5. NATIONAL RESEARCH COUNCIL STUDY.
``(a) Agreement for Study.--The Secretary shall offer to enter into
an agreement with the National Research Council under which the
National Research Council shall--
``(1) conduct a study of the progress made under the
methane hydrate research and development program implemented
under this Act; and
``(2) make recommendations for future methane hydrate
research and development needs.
``(b) Report.--Not later than September 30, 2009, the Secretary
shall submit to Congress a report containing the findings and
recommendations of the National Research Council under this section.
``SEC. 6. REPORTS AND STUDIES FOR CONGRESS.
``The Secretary shall provide to the Committee on Science of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate copies of any report or study that the
Department of Energy prepares at the direction of any committee of
Congress.
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this Act, to remain available until expended--
``(1) $15,000,000 for fiscal year 2006;
``(2) $20,000,000 for fiscal year 2007;
``(3) $30,000,000 for fiscal year 2008;
``(4) $50,000,000 for fiscal year 2009; and
``(5) $50,000,000 for fiscal year 2010.''. | Methane Hydrate Research and Development Reauthorization Act of 2005 - Amends the Methane Hydrate Research and Development Act of 2000 to reauthorize the methane hydrate research and development program through FY 2010.
Extends the current grant, contract, and cooperative agreement program to research to: (1) identify methane hydrate resources through remote sensing; and (2) acquire and reprocess seismic data suitable for characterizing methane hydrate accumulations.
Instructs the Secretary to establish an advisory panel consisting of representatives of industrial enterprises, institutions of higher education, oceanographic institutions, State agencies, and environmental organizations with knowledge and expertise in the natural gas hydrates field.
Requires the Secretary to offer to enter into an agreement with the National Research Council for a new report to Congress on program progress and recommendations by the end of FY 2009. | {"src": "billsum_train", "title": "A bill to amend the Methane Hydrate Research and Development Act of 2000 to reauthorize that Act and to promote the research, identification, assessment, exploration, and development of methane hydrate resources."} | 2,430 | 184 | 0.552578 | 1.601028 | 0.98126 | 4.410596 | 14.933775 | 0.940397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Pension Parity Act of 1994''.
SEC. 2. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC
RETIREMENT SYSTEMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from income) is amended by redesignating section 136 as section 137 and
by inserting after section 135 the following new section:
``SEC. 136. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT
SYSTEMS.
``(a) General Rule.--Gross income does not include any amount
(otherwise includable in gross income) received by an individual as a
qualified governmental pension.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excluded
under subsection (a) for the taxable year shall not exceed--
``(A) the maximum excludable social security
benefits of the taxpayer for such year, reduced by
``(B) the social security benefits (within the
meaning of section 86(d)) received by the taxpayer
during such year which were excluded from gross income.
``(2) Service requirement.--Subsection (a) shall not apply
to any qualified governmental pension received by the taxpayer
during the taxable year unless the taxpayer (or the spouse or
former spouse of the taxpayer) performed the service giving
rise to such pension.
``(c) Definitions.--For purposes of this section--
``(1) Qualified governmental pension.--The term `qualified
governmental pension' means any pension or annuity received
under a public retirement system to the extent such pension or
annuity is not attributable to service--
``(A) which constitutes employment for purposes of
chapter 21 (relating to the Federal Insurance
Contributions Act), or
``(B) which is covered by an agreement made
pursuant to section 218 of the Social Security Act.
``(2) Maximum excludable social security benefits.--The
term `maximum excludable social security benefits' means an
amount equal to so much of the applicable maximum benefit
amount for the taxpayer for the taxable year which would be
excluded from gross income if such benefit amount were treated
as social security benefits (within the meaning of section
86(d)) received during the taxable year.
``(3) Applicable maximum benefit amount.--The term
`applicable maximum benefit amount' means--
``(A) in the case of an unmarried individual, the
maximum individual social security benefit,'
``(B) in the case of a joint return, 150 percent of
the maximum individual social security benefit, or
``(C) in the case of a married individual filing a
separate return, 75 percent of the maximum individual
social security benefit.
For purposes of the preceding sentence, marital status shall be
determined under section 7703.
``(4) Maximum individual social security benefit.--
``(A) In general.--The term `maximum individual
social security benefit' means, with respect to any
taxable year, the maximum total amount (as certified by
the Secretary of Health and Human Services to the
Secretary) which could be paid for all months in the
calendar year ending in the taxable year as old-age
insurance benefits under section 202(a) of the Social
Security Act (without regard to any reduction,
deduction, or offset under section 202(k) or section
203 of such Act) to any individual who attained age 65,
and filed application for such benefits, on the first
day of such calendar year.
``(B) Part years.--In the case of an individual who
receives a qualified governmental pension with respect
to a period of less than a full taxable year, the
maximum individual social security benefit for such
individual for such year shall be reduced as provided
in regulations prescribed by the Secretary to properly
correspond to such period.
``(5) Public retirement system.--The term `public
retirement system' means any pension, annuity, retirement, or
similar fund or system established by the United States, a
State, a possession of the United States, any political
subdivision of any of the foregoing, or the District of
Columbia.''
(b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of
such Code (defining modified adjusted gross income) is amended by
inserting ``136'' before ``911''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code (relating to items specifically
excluded from income) is amended by redesignating the item relating to
section 136 as section 137 and by inserting after the item relating to
section 135 the following new item:
``Sec. 136. Certain pensions and
annuities under public
retirement systems.''
(d) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act. | Public Pension Parity Act of 1994 - Amends the Internal Revenue Code to provide an exclusion from gross income for that portion of a governmental pension which does not exceed the maximum benefits payable under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act which could have been excluded from income for the taxable year. | {"src": "billsum_train", "title": "Public Pension Parity Act of 1994"} | 1,153 | 81 | 0.599542 | 1.370959 | 0.393206 | 2.090909 | 15.227273 | 0.818182 |
TITLE I--STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Protecting States' Rights to
Promote American Energy Security Act''.
SEC. 102. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by
redesignating section 44 as section 45, and by inserting after section
43 the following:
``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING REGULATION.
``(a) In General.--The Department of the Interior shall not enforce
any Federal regulation, guidance, or permit requirement regarding
hydraulic fracturing, or any component of that process, relating to
oil, gas, or geothermal production activities on or under any land in
any State that has regulations, guidance, or permit requirements for
that activity.
``(b) State Authority.--The Department of the Interior shall
recognize and defer to State regulations, permitting, and guidance, for
all activities related to hydraulic fracturing, or any component of
that process, relating to oil, gas, or geothermal production activities
on Federal land.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of its regulations that apply to
hydraulic fracturing operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(d) Transparency of State Disclosure Requirements.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of any regulations of the State that
require disclosure of chemicals used in hydraulic fracturing
operations on Federal land.
``(2) Availability.--The Secretary of the Interior shall
make available to the public State regulations submitted under
this subsection.
``(e) Hydraulic Fracturing Defined.--In this section the term
`hydraulic fracturing' means the process by which fracturing fluids (or
a fracturing fluid system) are pumped into an underground geologic
formation at a calculated, predetermined rate and pressure to generate
fractures or cracks in the target formation and thereby increase the
permeability of the rock near the wellbore and improve production of
natural gas or oil.''.
SEC. 103. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study examining the economic benefits of domestic shale oil
and gas production resulting from the process of hydraulic fracturing.
This study will include identification of--
(1) State and Federal revenue generated as a result of
shale gas production;
(2) jobs created both directly and indirectly as a result
of shale oil and gas production; and
(3) an estimate of potential energy prices without domestic
shale oil and gas production.
(b) Report.--The Comptroller General shall submit a report on the
findings of such study to the Committee on Natural Resources of the
House of Representatives within 30 days after completion of the study.
SEC. 104. TRIBAL AUTHORITY ON TRUST LAND.
The Department of the Interior shall not enforce any Federal
regulation, guidance, or permit requirement regarding the process of
hydraulic fracturing (as that term is defined in section 44 of the
Mineral Leasing Act, as amended by section 102 of this Act), or any
component of that process, relating to oil, gas, or geothermal
production activities on any land held in trust or restricted status
for the benefit of Indians except with the express consent of the
beneficiary on whose behalf such land is held in trust or restricted
status.
TITLE II--EPA HYDRAULIC FRACTURING RESEARCH
SEC. 201. SHORT TITLE.
This title may be cited as the ``EPA Hydraulic Fracturing Study
Improvement Act''.
SEC. 202. EPA HYDRAULIC FRACTURING RESEARCH.
In conducting its study of the potential impacts of hydraulic
fracturing on drinking water resources, with respect to which a request
for information was issued under Federal Register Vol. 77, No. 218, the
Administrator of the Environmental Protection Agency shall adhere to
the following requirements:
(1) Peer review and information quality.--Prior to issuance
and dissemination of any final report or any interim report
summarizing the Environmental Protection Agency's research on
the relationship between hydraulic fracturing and drinking
water, the Administrator shall--
(A) consider such reports to be Highly Influential
Scientific Assessments and require peer review of such
reports in accordance with guidelines governing such
assessments, as described in--
(i) the Environmental Protection Agency's
Peer Review Handbook 3rd Edition;
(ii) the Environmental Protection Agency's
Scientific Integrity Policy, as in effect on
the date of enactment of this Act; and
(iii) the Office of Management and Budget's
Peer Review Bulletin, as in effect on the date
of enactment of this Act; and
(B) require such reports to meet the standards and
procedures for the dissemination of influential
scientific, financial, or statistical information set
forth in the Environmental Protection Agency's
Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Information
Disseminated by the Environmental Protection Agency,
developed in response to guidelines issued by the
Office of Management and Budget under section 515(a) of
the Treasury and General Government Appropriations Act
for Fiscal Year 2001 (Public Law 106-554).
(2) Probability, uncertainty, and consequence.--In order to
maximize the quality and utility of information developed
through the study, the Administrator shall ensure that
identification of the possible impacts of hydraulic fracturing
on drinking water resources included in such reports be
accompanied by objective estimates of the probability,
uncertainty, and consequence of each identified impact, taking
into account the risk management practices of States and
industry. Estimates or descriptions of probability,
uncertainty, and consequence shall be as quantitative as
possible given the validity, accuracy, precision, and other
quality attributes of the underlying data and analyses, but no
more quantitative than the data and analyses can support.
(3) Release of final report.--The final report shall be
publicly released by September 30, 2016.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REVIEW OF STATE ACTIVITIES.
The Secretary of the Interior shall annually review and report to
Congress on all State activities relating to hydraulic fracturing.
Passed the House of Representatives November 20, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including any component of that process), relating to oil, gas, or geothermal production activities on or under any land in any state that has regulations, guidance, or permit requirements for that activity. Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil. Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land. Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land. Directs the Secretary of the Interior to make such state regulations available to the public. (Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production. (Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. Title II: EPA Hydraulic Fracturing Research - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to: prior to issuance and dissemination of any final or interim report summarizing EPA research on such relationship, consider such reports to be Highly Influential Scientific Assessments requiring peer review in accordance with specified EPA and Office of Management and Budget (OMB) policy documents; require the reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the EPA's Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by OMB under the Treasury and General Government Appropriations Act for Fiscal Year 2001; and ensure that identification of the possible impacts included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact. Requires public release of the final report by September 30, 2016. Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing. | {"src": "billsum_train", "title": "Protecting States' Rights to Promote American Energy Security Act"} | 1,544 | 826 | 0.772195 | 2.443364 | 0.821419 | 5.468278 | 1.971299 | 0.942598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missouri River Valley Improvement
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Lewis and Clark were pioneering naturalists that
recorded dozens of species previously unknown to science while
ascending the Missouri River in 1804;
(2) the Missouri River, which is 2,321 miles long, drains
\1/6\ of the United States, is home to approximately 10,000,000
people in 10 States and 28 Native American tribes, and is a
resource of incalculable value to the United States;
(3) the construction of dams, levees, and river training
structures in the past 150 years has aided navigation, flood
control, and water supply along the Missouri River, but has
reduced habitat for native river fish and wildlife and
opportunities for river-based recreation;
(4) river organizations, including the Missouri River Basin
Association, support habitat restoration, riverfront
revitalization, and improved operational flexibility so long as
these efforts do not significantly interfere with uses of the
Missouri River; and
(5) restoring a string of natural places by the year 2004
would aid native river fish and wildlife, reduce flood losses,
enhance recreation and tourism, and celebrate the bicentennial
of Lewis and Clark's voyage.
(b) Purposes.--The purposes of this Act are to--
(1) protect, restore, and enhance the fish, wildlife, and
plants, and the associated habitats on which they depend, of
the Missouri River;
(2) restore a string of natural places that aid native
river fish and wildlife, reduce flood losses, and enhance
recreation and tourism;
(3) revitalize historic riverfronts to improve quality of
life in riverside communities and attract recreation and
tourism;
(4) monitor the health of the Missouri River and measure
biological, chemical, and physical responses to changes in
River management;
(5) allow the Army Corps of Engineers increased authority
to restore and protect fish and wildlife habitat on the
Missouri River;
(6) protect and replenish cottonwoods, and their associated
riparian woodland communities, along the upper Missouri River;
and
(7) educate the public about the economic, environmental,
and cultural importance of the Missouri River and the
scientific and cultural discoveries of Lewis and Clark.
SEC. 3. DEFINITION OF MISSOURI RIVER.
In this Act, the term ``Missouri River'' means the Missouri River
and the adjacent floodplain that extends from the mouth of the Missouri
River (RM 0) to the confluence of the Jefferson, Madison, and Gallatin
Rivers (RM 2341) in Montana.
SEC. 4. AUTHORITY TO PROTECT, ENHANCE, AND RESTORE FISH AND WILDLIFE
HABITAT.
Section 9(b) of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors for flood
control, and for other purposes'', approved December 22, 1944 (commonly
known as the ``Flood Control Act of 1944'') (58 Stat. 891), is
amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall, to the maximum
extent practicable, protect, enhance, and restore fish and
wildlife habitat on the Missouri River.''.
SEC. 5. ACQUISITION OF LAND FOR THE NATIONAL WILDLIFE REFUGE SYSTEM.
(a) In General.--The Secretary of the Interior shall conduct a
study of the Missouri River to examine needs and opportunities for
acquisition of land and water surrounding the Missouri River as part of
the National Wildlife Refuge System.
(b) New Refuge Land.--Any planning or acquisition of new refuge
land resulting from the study under subsection (a) shall be--
(1) conducted using existing acquisition authorities and
procedures; and
(2) purchased from willing sellers only.
SEC. 6. MISSOURI RIVER MITIGATION PROJECT.
The matter under the heading ``missouri river mitigation, missouri,
kansas, iowa, and nebraska'' of section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4143) is amended by adding at the
end the following:
``Not later than 180 days after the date of enactment of this
paragraph, the Secretary of the Army, in consultation with the United
States Fish and Wildlife Service and State fish and wildlife agencies,
shall submit a report to Congress outlining the feasibility and costs
of acquiring and restoring up to 25 percent of lost habitat, comprising
approximately 118,650 acres, in the Missouri River floodplain in the
States of Nebraska, Iowa, Kansas, and Missouri.''.
SEC. 7. UPPER MISSOURI RIVER AQUATIC AND RIPARIAN HABITAT MITIGATION
PROGRAM.
(a) In General.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Army, through an
interagency agreement with the Director of the United States
Fish and Wildlife Service and in accordance with the Fish and
Wildlife Conservation Act of 1980 (16 U.S.C. 2901 et seq.),
shall complete a study that--
(A) analyzes any adverse effects on aquatic and
riparian-dependent fish and wildlife resulting from the
operation of the Missouri River Mainstem Reservoir
Project in the States of Nebraska, South Dakota, North
Dakota, and Montana; and
(B) recommends measures appropriate to mitigate the
adverse effects described in subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Army shall submit
to Congress a report describing the results of the study under
paragraph (1).
(b) Pilot Program.--The Secretary of the Army, in consultation with
the Director of the United States Fish and Wildlife Service and the
affected State fish and wildlife agencies, shall develop and administer
a pilot mitigation program that--
(1) involves the experimental releases of warm water from
the spillways at Fort Peck Dam during the appropriate spawning
periods for native fish;
(2) involves the monitoring of the response of fish to and
the effectiveness of the preservation of native fish and
wildlife habitat of the releases described in paragraph (1);
and
(3) shall not adversely impact a use of the reservoir
existing on the date the pilot program is implemented.
(c) Reservoir Fish Loss Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Army, in
consultation with the North Dakota Game and Fish Department and
the South Dakota Department of Game, Fish and Parks, shall
complete a study to analyze and recommend measures to avoid or
reduce the loss of fish, including rainbow smelt, through
Garrison Dam in North Dakota and Oahe Dam in South Dakota.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Army shall submit
to Congress a report describing the results of the study under
paragraph (1).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Army--
(1) to complete the study required under subsection (c),
$200,000; and
(2) to carry out the other provisions of this section,
$1,000,000 for each of fiscal years 2000 through 2010.
SEC. 8. MISSOURI RIVER CHANNEL ENHANCEMENT PROGRAM.
(a) In General.--The Secretary of the Army, acting through the
Chief of Engineers and in consultation with the Director of the United
States Fish and Wildlife Service, shall, in the course of ongoing
operations and maintenance of the Missouri River bank stabilization and
navigation project, modify and improve navigation training and bank
stabilization structures to protect, enhance, and restore native river
fish and wildlife habitat and support ecosystem restoration.
(b) Navigation, Flood Control, and Water Supply.--As part of the
project, the Secretary of the Army shall modify navigation training and
bank stabilization structures on publicly owned property where the
modifications would benefit native fish and wildlife and ecosystem
restoration.
(c) Operation and Maintenance.--The operation and maintenance of
each activity under the project shall be a Federal responsibility.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Army to carry out this section
$5,000,000 for each of fiscal years 2000 through 2010.
SEC. 9. RIVERFRONT REVITALIZATION.
Section 11(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1282) is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Missouri river.--
``(A) In general.--The Secretary of the Interior,
acting through the Director of the Rivers and Trails
Conservation Assistance Program of the National Park
Service, shall, if requested, work with riverside
communities to develop projects to revitalize historic
riverfronts, including the communities of--
``(i) Saint Charles, Missouri;
``(ii) Kansas City, Missouri/Kansas City,
Kansas;
``(iii) Saint Joseph, Missouri;
``(iv) Omaha, Nebraska;
``(v) Council Bluffs, Iowa;
``(vi) Sioux City, Iowa;
``(vii) Yankton, South Dakota;
``(viii) Pierre, South Dakota/Ft. Pierre,
South Dakota;
``(ix) Bismarck, North Dakota; and
``(x) Fort Peck, Montana.
``(B) Funding.--
``(i) Authorization of appropriations.--
There is authorized to be appropriated to the
Secretary to carry out this paragraph
$15,000,000.
``(ii) Limitation on share of costs.--The
Federal share of costs associated with any
single project described in this paragraph
shall not exceed 25 percent of the total cost
of that project.
``(iii) No funds for operation or
maintenance.--The Secretary shall provide no
funds for the operation and maintenance of a
project under this paragraph.''.
SEC. 10. COTTONWOOD PROTECTION STUDY.
(a) In General.--The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation and in consultation with the
Secretary of the Army, shall complete a study to evaluate opportunities
to protect and replenish cottonwoods in the associated riparian
woodland communities along the Missouri River between Fort Benton and
Fort Peck Reservoir, Montana, in accordance with the Water Resources
Research Act of 1984 (42 U.S.C. 10301 et seq.).
(b) Evaluation.--The study shall include an evaluation of--
(1) cottonwood reproduction;
(2) native fish and other river wildlife, including
competition from non-native species;
(3) flood losses;
(4) water supply needs;
(5) recreation; and
(6) main stem and tributary dam operations.
(c) Report.--Not later than July 31, 2001, the Secretary shall
submit to Congress a report describing the results of the study
required under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000.
SEC. 11. LONG-TERM MONITORING PROGRAM.
(a) Establishment.--The Secretary of the Interior, in consultation
with the Director of the United States Geological Survey, shall
establish a program at the River Studies Center of the Biological
Services Division of the United States Geological Study, located in
Columbia, Missouri, to monitor the physical, biological, and chemical
characteristics of the Missouri River in accordance with title I of the
Department of the Interior and Related Agencies Appropriations Act,
1997 (43 U.S.C. 31j).
(b) Program.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall develop a program to monitor and assess
the biota, habitats, and water quality of the Missouri River, in
consultation with--
(1) the Governors of affected States, acting through the
Missouri River Natural Resources Committee and another
representative of each Governor's designation;
(2) the Secretary of Agriculture;
(3) the Secretary of the Army;
(4) the Secretary of Energy;
(5) the Administrator of the Environmental Protection
Agency; and
(6) the Missouri River Basin Tribes.
(c) Activities.--The program under subsection (b) shall provide
scientific information to--
(1) guide operation and management of the Missouri River,
including operation of dams by the Corps of Engineers and the
Bureau of Reclamation; and
(2) measure and model the impact of management alternatives
through--
(A) monitoring of biota, habitats, and water
quality;
(B) focused identification of cause and effect
relationships; and
(C) valuation of methods to conserve fish and
wildlife.
(d) Baseline.--The program under subsection (b) shall establish a
baseline of conditions against which future activities can be measured.
(e) Database.--The Secretary shall--
(1) establish a database on Missouri River biota, habitats,
and water quality; and
(2) make the database readily available to the public.
(f) Report.--Not later than 3 years after the date of establishment
of the program under subsection (b), and not less frequently than every
3 years thereafter, the Secretary, acting through the Director of the
Biological Resources Division of the United States Geological Survey,
shall--
(1) review the program;
(2) as necessary, establish and revise the objectives of
the program; and
(3) submit to Congress a report on the environmental health
of the Missouri River.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of the Interior to carry out this section--
(A) $5,000,000 for fiscal year 2000;
(B) $7,000,000 for fiscal year 2001; and
(C) $13,600,000 for each of fiscal years 2002
through 2014.
(2) Nonreimbursable expenditure.--Of the costs associated
with the development and implementation of this program--
(A) 90 percent shall be allocated to the United
States as a nonreimbursable expenditure; and
(B) 10 percent shall be allocated equally among the
States of Iowa, Kansas, Missouri, Nebraska, Montana,
North Dakota, and South Dakota.
(3) Non-federal share.--The Secretary may accept as part of
the non-Federal cost share the contribution of such in-kind
services by participating States as the Secretary determines
will contribute substantially toward the development and
administration of the program.
SEC. 12. INTERPRETATION AND RECREATION.
(a) Interpretative Centers.--
(1) In general.--The Secretary of the Interior, acting
through the Director of the National Park Service, shall
establish Lewis and Clark Interpretive Centers to educate the
public about the economic and environmental importance of the
Missouri River and the scientific and cultural discoveries of
Lewis and Clark in the vicinity of Missouri River communities,
including the communities of--
(A) Kansas City, Missouri;
(B) Nebraska City, Nebraska;
(C) Sioux City, Iowa;
(D) Pierre, South Dakota/Ft. Pierre, South Dakota;
(E) Bismarck, North Dakota; and
(F) Great Falls, Montana.
(2) Spending limit.--
(A) In general.--The Secretary's share of costs
associated with any single project described in this
subsection shall not exceed 25 percent of the total
cost of carrying out the project.
(B) No funds for operation and maintenance.--The
Secretary shall not provide funds for the operation and
maintenance of the project.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this subsection $6,000,000 for each of fiscal years 2000
through 2006.
(b) Recreation Improvements.--
(1) In general.--The Secretary of the Army, acting through
the Chief of Engineers, shall provide improvements to
recreation facilities and visitor centers at the Missouri River
main-stem projects to provide for increased visitor use
associated with the Lewis and Clark commemoration.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Army to carry out
this subsection $500,000 for each of fiscal years 2000 through
2003. | (Sec. 5) Directs the Secretary of the Interior to conduct a River study to examine needs and opportunities for acquisition of land and water surrounding the River as part of the National Wildlife Refuge System.
(Sec. 6) Amends provisions of the Water Resources Development Act of 1986 relating to a project for the mitigation of River fish and wildlife losses to require the Secretary of the Army to report to Congress outlining the feasibility and costs of acquiring and restoring up to 25 percent of lost habitat in the River floodplain in Nebraska, Iowa, Kansas, and Missouri.
(Sec. 7) Directs the Secretary of the Army to complete, and report to Congress on, a study that: (1) analyzes any adverse effects on aquatic and riparian-dependent fish and wildlife resulting from operation of the Missouri River Mainstem Reservoir Project in Nebraska, South Dakota, North Dakota, and Montana; and (2) recommend appropriate measures to mitigate such effects. Directs such Secretary to: (1) develop and administer a pilot mitigation program; and (2) complete, and report to Congress on, a study to analyze and recommend measures to avoid or reduce the loss of fish, including rainbow smelt, through Garrison Dam in North Dakota and Oahe Dam in South Dakota. Authorizes appropriations.
(Sec. 8) Directs the Secretary of the Army to modify and improve River navigation training and bank stabilization structures to protect, enhance, and restore native River fish and wildlife habitat and support ecosystem restoration. Authorizes appropriations.
(Sec. 9) Amends the Wild and Scenic Rivers Act to direct the Secretary of the Interior, if requested, to work with riverside communities to develop projects to revitalize historic riverfronts in specified River communities in Missouri, Kansas, Nebraska, Iowa, South Dakota, North Dakota, and Montana. Authorizes appropriations.
(Sec. 10) Directs the Secretary of the Interior to complete, and report to Congress on, a study to evaluate opportunities to protect and replenish cottonwood trees in the associated riparian woodland communities along the River between Fort Benton and Fort Peck Reservoir, Montana. Authorizes appropriations.
(Sec. 11) Directs the Secretary of the Interior to establish a program at the River Studies Center, Columbia, Missouri, to monitor the physical, biological, and chemical characteristics of the River in accordance with title I of the Department of the Interior and Related Agencies Appropriations Act, 1997. Directs such Secretary to: (1) develop a program to monitor and assess the biota, habitats, and water quality of the River (requiring certain consultation); and (2) establish and make available a database on such biota, habitats, and water quality. Requires a report to Congress every three years. Authorizes appropriations.
(Sec. 12) Directs the Secretary of the Interior to establish Lewis and Clark Interpretive Centers to educate the public about the economic and environmental importance of the River and the scientific and cultural discoveries of Lewis and Clark in the vicinity of River communities. Authorizes appropriations.
Directs the Secretary of the Army to provide improvements to recreation facilities and visitors centers at the Missouri River mainstem projects to provide for increased visitor use associated with the Lewis and Clark commemoration. Authorizes appropriations. | {"src": "billsum_train", "title": "Missouri River Valley Improvement Act of 1999"} | 3,678 | 722 | 0.660394 | 2.275877 | 0.584342 | 5.277868 | 5.521809 | 0.954766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Energy and Water Efficiency
Act of 2015''.
SEC. 2. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a utility;
(B) a municipality;
(C) a water district; and
(D) any other authority that provides water,
wastewater, or water reuse services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart energy and water efficiency pilot program.--The
term ``smart energy and water efficiency pilot program'' or
``pilot program'' means the pilot program established under
subsection (b).
(b) Smart Energy and Water Efficiency Pilot Program.--
(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency management pilot
program in accordance with this section.
(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible
entities to demonstrate advanced and innovative technology-
based solutions that will--
(A) increase and improve the energy efficiency of
water, wastewater, and water reuse systems to help
communities across the United States make significant
progress in conserving water, saving energy, and
reducing costs;
(B) support the implementation of innovative
processes and the installation of advanced automated
systems that provide real-time data on energy and
water; and
(C) improve energy and water conservation, water
quality, and predictive maintenance of energy and water
systems, through the use of Internet-connected
technologies, including sensors, intelligent gateways,
and security embedded in hardware.
(3) Project selection.--
(A) In general.--The Secretary shall make
competitive, merit-reviewed grants under the pilot
program to not less than 3, but not more than 5,
eligible entities.
(B) Selection criteria.--In selecting an eligible
entity to receive a grant under the pilot program, the
Secretary shall consider--
(i) energy and cost savings anticipated to
result from the project;
(ii) the innovative nature, commercial
viability, and reliability of the technology to
be used;
(iii) the degree to which the project
integrates next-generation sensors, software,
hardware, analytics, and management tools;
(iv) the anticipated cost-effectiveness of
the pilot project in terms of energy efficiency
savings, water savings or reuse, and
infrastructure costs averted;
(v) whether the technology can be deployed
in a variety of geographic regions and the
degree to which the technology can be
implemented on a smaller or larger scale,
including whether the technology can be
implemented by each type of eligible entity;
(vi) whether the technology has been
successfully deployed elsewhere;
(vii) whether the technology is sourced
from a manufacturer based in the United States;
and
(viii) whether the project will be
completed in 5 years or less.
(C) Applications.--
(i) In general.--Subject to clause (ii), an
eligible entity seeking a grant under the pilot
program shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
determines to be necessary.
(ii) Contents.--An application under clause
(i) shall, at a minimum, include--
(I) a description of the project;
(II) a description of the
technology to be used in the project;
(III) the anticipated results,
including energy and water savings, of
the project;
(IV) a comprehensive budget for the
project;
(V) the names of the project lead
organization and any partners;
(VI) the number of users to be
served by the project; and
(VII) any other information that
the Secretary determines to be
necessary to complete the review and
selection of a grant recipient.
(4) Administration.--
(A) In general.--Not later than 300 days after the
date of enactment of this Act, the Secretary shall
select grant recipients under this section.
(B) Evaluations.--The Secretary shall annually
carry out an evaluation of each project for which a
grant is provided under this section that--
(i) evaluates the progress and impact of
the project; and
(ii) assesses the degree to which the
project is meeting the goals of the pilot
program.
(C) Technical and policy assistance.--On the
request of a grant recipient, the Secretary shall
provide technical and policy assistance to the grant
recipient to carry out the project.
(D) Best practices.--The Secretary shall make
available to the public--
(i) a copy of each evaluation carried out
under subparagraph (B); and
(ii) a description of any best practices
identified by the Secretary as a result of
those evaluations.
(E) Report to congress.--The Secretary shall submit
to Congress a report containing the results of each
evaluation carried out under subparagraph (B).
(c) Funding.--
(1) In general.--The Secretary shall use not less than
$7,500,000 of amounts made available to the Secretary to carry
out this section.
(2) Prioritization.--In funding activities under this
section, the Secretary shall prioritize funding in the
following manner:
(A) The Secretary shall first use any unobligated
amounts made available to the Secretary to carry out
the activities of the Energy Efficiency and Renewable
Energy Office.
(B) After any amounts described in subparagraph (A)
have been used, the Secretary shall then use any
unobligated amounts (other than those described in
subparagraph (A)) made available to the Secretary. | Smart Energy and Water Efficiency Act of 2015 Directs the Department of Energy (DOE) to establish and carry out a smart energy and water efficiency management pilot program to award grants to three to five eligible entities (authorities that provide water, wastewater, or water reuse services) to demonstrate advanced and innovative technology-based solutions that will: (1) increase and improve the energy efficiency of water, wastewater, and water reuse systems to help communities make significant progress in conserving water, saving energy, and reducing costs; (2) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water; and (3) improve energy and water conservation, water quality, and predictive maintenance of energy and water systems, through the use of Internet-connected technologies, including sensors, intelligent gateways, and security embedded in hardware. Directs DOE, in selecting grant recipients, to consider: energy and cost savings anticipated to result from the project; the innovative nature, commercial viability, and reliability of the technology to be used; the degree to which the project integrates next-generation sensors, software, hardware, analytics, and management tools; the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale, including whether the technology can be implemented by each type of eligible entity; whether the technology has been successfully deployed elsewhere; whether the technology is sourced from a manufacturer based in the United States; and whether the project will be completed in five years or less. Requires DOE to evaluate, annually, each project for which a grant is provided and make best practices identified available to the public. | {"src": "billsum_train", "title": "Smart Energy and Water Efficiency Act of 2015"} | 1,236 | 376 | 0.764349 | 2.444374 | 0.995054 | 5.616848 | 3.225543 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tsunami Early Warning and Relief Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) A tremendous undersea earthquake near Sumatra,
Indonesia, created a tsunami whose devastation spread
throughout South Asia, Southeast Asia, and East Africa, leading
to the death of more than 160,000 people on December 26, 2004.
As of February 4, 2005, more than 140,000 people are still
missing. The tsunami-affected countries include Indonesia, Sri
Lanka, India, Thailand, Maldives, Seychelles, Bangladesh,
Burma, Malaysia, Somalia, Kenya, and Tanzania.
(2) The tsunami resulted in massive destruction affecting
millions of people who now require a great amount of short-term
survival assistance and long-term rehabilitation and
reconstruction assistance.
(3) Compared to past disasters, the Indian Ocean earthquake
and tsunami led to historic destruction of the social service
infrastructure, businesses, and livelihoods. The devastation
caused by the tsunami has resulted in many separated families
and countless unaccompanied and orphaned children.
(4) An effective global tsunami warning system is critical
for preventing future humanitarian disasters and for protecting
national security, since tsunamis occurring anywhere around the
globe could impact the United States at home and United States
national interests abroad.
(5) The National Oceanic and Atmospheric Administration has
already built a system of tsunami buoys in the Pacific Ocean
which has been proven to provide critical information and
enhance the Nation's response to tsunamis. The National Oceanic
and Atmospheric Administration has the technical capability to
upgrade and expand this system so that it covers the entire
globe and is integrated into larger ocean observing efforts.
(6) Consistent funding and international cooperation would
be needed to deploy a broader global tsunami warning system.
(7) Effective local emergency management capabilities are
needed to relay tsunami warning information to coastal
communities and their residents.
TITLE I--TSUNAMI WARNING SYSTEMS
SEC. 101. GLOBAL PROGRAM.
(a) Establishment.--The Secretary of Commerce shall establish a
Global Tsunami Disaster Reduction Program within the National Oceanic
and Atmospheric Administration for the establishment of a tsunami
warning system to protect vulnerable areas around the world, including
Atlantic Ocean, Carribean Sea, Gulf of Mexico, Indian Ocean,
Mediterranean Sea, and European areas.
(b) International Cooperation.--The Secretary of State, in
consultation with the Director of the National Oceanic and Atmospheric
Administration, shall work with foreign countries that would benefit
from the warning system described in subsection (a), and through
international organizations, for the purposes of--
(1) sharing costs;
(2) sharing relevant data;
(3) sharing technical advice for the implementation of
dissemination and evacuation plans; and
(4) ensuring that the Global Earth Observation System of
Systems program has access to and shares openly all relevant
information worldwide.
SEC. 102. EXPANSION OF UNITED STATES TSUNAMI READY PROGRAM.
The Director of the National Oceanic and Atmospheric Administration
shall work with coastal communities throughout the United States to
build upon local coastal and ocean observing capabilities, improve
abilities to disseminate tsunami information and prepare evacuation
plans according to the requirements of the Tsunami Ready program of the
National Oceanic and Atmospheric Administration, and encourage more
communities to participate in the program.
SEC. 103. SEISMIC ACTIVITY MONITORING.
The Director of the National Oceanic and Atmospheric Administration
shall coordinate with the United States Geological Survey and the
Department of State to work with other countries to enhance the
monitoring, through the Global Seismic Network (GSN), of seismic
activities that could lead to tsunamis, to support the programs
described in sections 101 and 102.
SEC. 104. ANNUAL REPORT.
The Director of the National Oceanic and Atmospheric Administration
shall transmit an annual report to Congress on progress in carrying out
this title.
SEC. 105. DEFINITION.
For purposes of this title, the term ``United States'' means the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for carrying out this title--
(1) $38,000,000 for fiscal year 2006; and
(2) $32,000,000 for fiscal year 2007 and for each
subsequent fiscal year.
TITLE II--RELIEF, REHABILITATION, AND RECONSTRUCTION ASSISTANCE
RELATING TO INDIAN OCEAN TSUNAMI
SEC. 201. ASSISTANCE.
(a) Authorization.--The President, acting through the Administrator
of the United States Agency for International Development, is
authorized to provide assistance for--
(1) the relief and rehabilitation of individuals who are
victims of the Indian Ocean tsunami; and
(2) the reconstruction of the infrastructures of countries
affected by the Indian Ocean tsunami, including Indonesia, Sri
Lanka, India, Thailand, Maldives, Seychelles, Bangladesh,
Burma, Malaysia, Somalia, Kenya, and Tanzania.
(b) Terms and Conditions.--Assistance under this section may be
provided on such terms and conditions as the President may determine.
SEC. 202. REPORT.
The President shall transmit to Congress, on a quarterly basis in
2005, on a biannual basis in 2006, and as determined to be appropriate
by the President thereafter, a report on progress in carrying out this
title.
SEC. 203. DEFINITION.
In this title, the term ``Indian Ocean tsunami'' means the tsunami
that resulted from the earthquake that occurred off the west coast of
northern Sumatra, Indonesia, on December 26, 2004.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President to carry
out this title such sums as may be necessary for fiscal year 2006 and
each subsequent fiscal year. | Tsunami Early Warning and Relief Act of 2005 - Directs the Secretary of Commerce to establish a Global Tsunami Disaster Reduction Program within the National Oceanic and Atmospheric Administration (NOAA) to protect vulnerable areas around the world, including Atlantic Ocean, Carribean Sea, Gulf of Mexico, Indian Ocean, Mediterranean Sea, and European areas.
Directs the Secretary of State to work with foreign countries that would benefit from tsunami warnings and through international organizations to: (1) share costs, data, and evacuation plan technical advice; and (2) ensure that the Global Earth Observation System of Systems program has access to and shares relevant information worldwide.
Directs NOAA to: (1) expand the U.S. Tsunami Ready program; and (2) work with other countries to enhance Global Seismic Network (GSN) monitoring activities.
Authorizes the President, through the United States Agency for International Development (USAID), to provide assistance for: (1) individual victims of the Indian Ocean tsunami; and (2) infrastructure reconstruction of countries affected by the Indian Ocean tsunami, including Indonesia, Sri Lanka, India, Thailand, Maldives, Seychelles, Bangladesh, Burma, Malaysia, Somalia, Kenya, and Tanzania. | {"src": "billsum_train", "title": "A bill to provide for the establishment of national and global tsunami warning systems and to provide assistance for the relief and rehabilitation of victims of the Indian Ocean tsunami and for the reconstruction of tsunami-affected countries."} | 1,373 | 259 | 0.695577 | 2.265248 | 0.870098 | 5.7 | 5.265217 | 0.943478 |
SECTION 1. DISCLOSURE AND PAYMENT OF NONCOMMERCIAL AIR TRAVEL.
(a) Rules.--
(1) Disclosure and payment.--Paragraph 2 of rule XXXV of
the Standing Rules of the Senate is amended by adding at the
end the following:
``(f) A Member, officer, or employee of the Senate shall--
``(1) disclose a flight on an aircraft that is not licensed
by the Federal Aviation Administration to operate for
compensation or hire, excluding a flight on an aircraft owned,
operated, or leased by a governmental entity, taken in
connection with the duties of the Member, officer, or employee
as an officeholder or Senate officer or employee;
``(2) reimburse the owner or lessee of the aircraft for the
pro rata share of the fair market value of such flight (as
determined by dividing the fair market value of the normal and
usual charter fare or rental charge for a comparable plane of
appropriate size by the number of members, officers, or
employees of the Congress on the flight); and
``(3) with respect to the flight, file a report with the
Secretary of the Senate, including the date, destination, and
owner or lessee of the aircraft, the purpose of the trip, and
the persons on the trip, except for any person flying the
aircraft.''.
(2) Fair market value of noncommercial air travel.--
Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the
Senate is amended--
(A) by inserting (A) after (1); and
(B) by adding at the end the following:
``(B) Fair market value for a flight on an aircraft
that is not licensed by the Federal Aviation
Administration to operate for compensation or hire
shall be the fair market value of the normal and usual
charter fare or rental charge for a comparable plane of
appropriate size.''.
(3) Reimbursement.--Paragraph 1 of rule XXXVIII of the
Standing Rules of the Senate is amended by adding at the end
the following:
``(c) Use of an aircraft that is not licensed by the Federal
Aviation Administration to operate for compensation or hire shall be
valued for purposes of reimbursement under this rule as provided in
paragraph 2(g)(2) of rule XXXV.''.
(b) FECA.--
(1) Disclosure.--Section 304(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) in the case of a principal campaign committee of a
candidate (other than a candidate for election to the office of
President or Vice President), any flight taken by the candidate
(other than a flight designated to transport the President,
Vice President, or a candidate for election to the office of
President or Vice President) during the reporting period on an
aircraft that is not licensed by the Federal Aviation
Administration to operate for compensation or hire, together
with the following information:
``(A) The date of the flight.
``(B) The destination of the flight.
``(C) The owner or lessee of the aircraft.
``(D) The purpose of the flight.
``(E) The persons on the flight, except for any
person flying the aircraft.''.
(2) Exclusion of paid flight from definition of
contribution.--Subparagraph (B) of section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is
amended--
(A) in clause (xiii), by striking ``and'' at the
end;
(B) in clause (xiv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xv) any travel expense for a flight
taken by the candidate (other than a flight
designated to transport the President, Vice
President, or a candidate for election to the
office of President or Vice President) on an
aircraft that is not licensed by the Federal
Aviation Administration to operate for
compensation or hire: Provided, That the
candidate (or the authorized committee of the
candidate) pays to the owner, lessee, or other
individual who provides the airplane the pro
rata share of the fair market value of such
flight (as determined by dividing the fair
market value of the normal and usual charter
fare or rental charge for a comparable plane of
appropriate size by the number of candidates on
the flight) by not later than 7 days after the
date on which the flight is taken.''. | Amends Rule XXXV (Gifts) of the Standing Rules of the Senate to require a Member, officer, or employee of the Senate to: (1) disclose a flight taken in connection with official duties on an aircraft that is not licensed by the Federal Aviation Administration (FAA) to operate for compensation or hire (unless it is owned, operated, or leased by a governmental entity); (2) reimburse the aircraft's owner or lessee for the pro rata share of the flight's fair market value; and (3) report to the Secretary of the Senate specified information about the trip, including its purpose and the persons on it (other than the pilot).
Declares that the fair market value of noncommercial air travel is the fair market value of the normal and usual charter fare or rental charge for a comparable plane of appropriate size.
Amends Rule XXXVIII (Prohibition of Unofficial Office Accounts) to prescribe the value for reimbursement purposes of the use of an aircraft that is not licensed by the FAA to operate for compensation or hire.
Amends the Federal Election Campaign Act of 1971 (FECA) to require a principal campaign committee disclosure report of such a flight by a federal office candidate (other than one for President or Vice President).
Excludes from the FECA definition of "contribution" any travel expense for such a flight if within seven days the candidate (or the candidate's authorize committee) pays the owner, lessee, or other individual providing the airplane the pro rata share of the flight's fair market value. | {"src": "billsum_train", "title": "A bill to require disclosure and payment of noncommercial air travel in the Senate."} | 1,055 | 340 | 0.725517 | 2.38674 | 0.811906 | 3.875839 | 3.389262 | 0.862416 |
SECTION 1. FINDINGS.
Congress finds that the conveyance of the Properties described in
section 4(b) to the Lessees of those Properties for fair market value
would have the beneficial results of--
(1) reducing Pick-Sloan project debt for the Canyon Ferry
Unit;
(2) providing a permanent source of funding for projects
that develop and maintain public recreation, and that conserve
and enhance fish and wildlife opportunities in the State of
Montana;
(3) reducing Federal payments in lieu of taxes and
associated management expenditures in connection with the
Government's ownership of the Properties while increasing local
tax revenues from the new owners; and
(4) eliminating expensive and contentious disputes between
the Secretary and leaseholders while ensuring that the Federal
Government receives full and fair value for the acquisition of
the Properties.
SEC. 2. PURPOSE.
The purpose of this Act is to establish terms and conditions under
which the Secretary of the Interior shall, for fair market value,
convey certain Properties around Canyon Ferry Reservoir, Montana, to
the Lessees of those Properties.
SEC. 3. DEFINITIONS.
In this Act:
(1) CFRA.--The term ``CFRA'' means Canyon Ferry Recreation
Association, Incorporated, a Montana corporation.
(2) Lessee.--The term ``Lessee'' means the leaseholder of 1
of the properties described in section 4(b) on the date of
enactment of this Act and the leaseholder's heirs, executors,
and assigns of their leasehold interest.
(3) Property.--The term ``Property'' means 1 of the
properties described in section 4(b).
(4) Purchaser.--The term ``Purchaser'' means a person or
entity, excluding CFRA, that purchases the 265 leaseholds under
section 4.
(5) Reservoir.--The term ``Reservoir'' means the Canyon
Ferry Reservoir in the State of Montana.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. SALE OF LEASEHOLDS.
(a) In General.--Subject to subsection (c) and notwithstanding any
other provision of law, the Secretary shall sell at fair market value--
(1) all right, title, and interest of the United States in
and to all (but not fewer than all) of the leaseholds described
in subsection (b), subject to valid existing rights; and
(2) easements for--
(A) vehicular access to each leasehold;
(B) access to and the use of 1 dock per leasehold;
and
(C) access to and the use of all boathouses, ramps,
retaining walls, and other improvements for which
access is provided in the leases as of the date of this
Act.
(b) Description of Leaseholds.--
(1) In general.--The leaseholds to be conveyed are--
(A) the 265 cabin sites of the Bureau of
Reclamation located along the northern portion of the
Reservoir in portions of sections 2, 11, 12, 13, 15,
22, 23, and 26, Township 10 North, Range 1 West; plus
(B) any small parcels contiguous to the leaseholds
(not including shoreline property or property needed to
provide public access to the shoreline of the
Reservoir) that the Secretary determines should be
conveyed in order to eliminate inholdings and
facilitate administration of surrounding land remaining
in Federal ownership.
(2) Acreage; legal description.--The acreage and legal
description of each Property shall be agreed on by the
Secretary and CFRA.
(c) Purchase Process.--
(1) In general.--The Secretary shall--
(A) solicit sealed bids for all of the leaseholds;
(B) subject to paragraph (2), sell the leaseholds
to the bidder that submits the highest bid above the
minimum bid determined under paragraph (2); and
(C) only accept bids for all 265 leaseholds.
(2) Minimum bid.--Before accepting bids, the Secretary, in
consultation with interested bidders, shall establish a minimum
bid based on an appraisal of the fair market value of the
leaseholds, exclusive of the value of private improvements made
by the leaseholders before the date of the conveyance by means
of an appraisal conducted in conformance with the Uniform
Standards of Professional Appraisal Practice.
(3) Right of first refusal.--If the highest bidder is other
than CFRA, CFRA shall have the right to match the highest bid
and purchase the leaseholds at a price equal to the amount of
that bid.
(d) Terms of Conveyance.--
(1) Purchaser to extend option to purchase or to continue
leasing.--
(A) In general.--The Purchaser shall give each
leaseholder of record of a leasehold conveyed under
this section an option to purchase the leasehold at
fair market value as determined in subsection (c)(2).
(B) Nonpurchasing lessees.--
(i) Right to continue lease.--A Lessee that
is unable or unwilling to purchase a Property
shall be permitted to continue to lease the
Property for fair market value rent under the
same terms and conditions as the existing
leases, including the right to renew the term
of the existing lease for 2 consecutive 5-year
terms.
(ii) Compensation for improvements.--If a
Lessee declines to purchase a leasehold, the
Purchaser shall compensate the Lessee for the
full market value, as determined pursuant to
customary appraisal procedures, of all
improvements made to the leasehold. The Lessee
may sell the improvements to Purchaser at any
time, but the sale shall be completed by the
final termination of the lease, after all
renewals as provided in clause (i).
(2) Historical use.--The Purchaser shall honor the existing
Property descriptions and historical use restrictions for the
leaseholds.
(3) Continuation of leases.--
(A) In general.--A Lessee that is unable or
unwilling to purchase a leasehold shall be permitted to
continue to lease the property pursuant to the terms
and conditions of the lease, existing on the date of
enactment of this Act.
(B) Rental payments.--All rents received during the
continuation of a lease under subparagraph (A) shall be
paid to the Purchaser.
(C) Limitation on right to transfer lease.--Subject
to valid existing rights, a Lessee may not sell or
otherwise assign or transfer the leasehold without
purchasing the property from the Purchaser and
conveying the fee interest in the property.
(e) Administrative Costs.--Any reasonable administrative cost
incurred by the Secretary incident to the conveyance under subsection
(a) shall be reimbursed by the Purchaser or CFRA.
(f) Timing.--The Secretary shall make every effort to complete the
conveyance under subsection (a) not later than 1 year after the date of
enactment of this Act.
(g) Closing.--Real estate closings to complete the conveyance under
subsection (a) may be staggered to facilitate the conveyance as agreed
to by the Secretary and the Purchaser or CFRA.
(h) Conveyance to Lessee.--Where the Lessee will purchase the
leasehold from Purchaser or CFRA, the Lessee may request the Secretary
to have the conveyance documents prepared in the Lessee's name or names
in order to minimize the time and documents required to complete the
closing for each leasehold.
(i) Costs.--The Lessee shall reimburse CFRA for a proportionate
share of the costs to CFRA in completing the transactions contemplated
by this Act, including any interest charges. | Establishes the terms and conditions under which the Secretary of the Interior shall convey to the highest bidder properties including 265 cabin sites and certain small contiguous parcels of the Bureau of Reclamation around Canyon Ferry Reservoir, Montana, to private parties.
Directs the Secretary, consistent with specified statutory provisions, to convey to the Canyon Ferry Recreation Association, Incorporated (CFRA) or another purchaser: (1) all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program; and (2) perpetual easements for certain necessary access to such properties and its facilities and improvements.
Directs the Secretary, the purchaser, CFRA, and the subsequent owner of each property to: (1) ensure that certain public access is maintained and unobstructed; and (2) covenant that each property's use restrictions be appurtenant to and run with such property, and be binding on each subsequent owner.
Directs the Secretary, the purchaser, CFRA, and the subsequent owner of each property to covenant that future uses of the property shall be limited to the type and intensity of uses in existence on the date of this Act's enactment date, as limited by prohibitions contained in the annual operating plan of the Bureau for the Reservoir in effect on October 1, 1998.
Grants CFRA the right to match the highest bid and purchase the properties. Sets forth provisions regarding terms of conveyance if the highest bidder is other than CFRA and CFRA does not match the highest bid, the rights and options of existing lessees, and applicable requirements if CFRA is the highest bidder or matches the highest bid.
(Sec. 5) Sets forth provisions regarding management of the Silo's campground and concession income, and use of the proceeds of conveyances under this Act.
(Sec. 7) Directs the Secretary to establish the Montana Fish and Wildlife Conservation Trust to acquire publicly accessible land and interests in land in the State for specified purposes. Establishes a Joint State-Federal agency Board. Directs the Secretary to nominate, and the Board to approve, a Citizen Advisory Board.
(Sec. 8) Directs the Board of Commissioners for Broadwater County, Montana, to establish the Canyon Ferry-Broadwater County Trust as a perpetual public trust.
(Sec. 9) Authorizes the Secretary to: (1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the project; (2) conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land; (3) provide for public use and enjoyment of the land and water areas created by the project; and (4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources.
Makes the costs of carrying out this section nonreimbursable and nonreturnable under Federal reclamation law. | {"src": "billsum_train", "title": "To establish terms and conditions under which the Secretary of the Interior shall convey leaseholds in certain properties around Canyon Ferry Reservoir, Montana."} | 1,681 | 656 | 0.67414 | 2.536398 | 0.698736 | 1.848537 | 2.547332 | 0.746988 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Youth Apprenticeship
Opportunity Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) a significant proportion of youth in the United States
lack the necessary skills to meet employer requirements for
entry level positions;
(2) significant numbers of our youth are doing poorly in
school and will eventually drop out because school seems
irrelevant to them;
(3) the American workplace is changing in response to new
technology and heightened international competition, and the
jobs of the future will demand different and higher level
skills for which too many of our youth are not currently
trained;
(4) in contrast to many competitor nations, the United
States has virtually no programs to provide support for youth
in making the transition from school to gainful employment;
(5) the vast majority of American workers who do not attend
or complete college lack the skills necessary to secure
satisfying and gainful employment;
(6) work-based learning models are effective approaches to
preparing youth, beginning at the secondary school level, for
high-wage, high-skilled employment;
(7) three-fourths of American youth do not earn college
degrees, and many of those who do not could benefit from a more
structured method of attaining job skills, knowledge and
abilities;
(8) the United States lacks a comprehensive approach
towards helping youth make the transition from school to the
workplace;
(9) as a consequence of these policies, real wages have
declined and there is rising inequality in wages between those
who are well-trained and those who are not;
(10) since global economic competition is making it
impossible for the United States to maintain a high standard of
living for the majority of its people without changes in human
capital policy, the choice facing the United States is either
to become a Nation of high skills or one of declining living
standards;
(11) if the United States is to become a Nation of high
skills and high performance work organization, there must be a
fundamental change in the approach of the United States to
work, education, and training; and
(12) to accomplish that change, American business, labor,
Federal, State, and local governments, and the education
community must join together and invest the time, talent, and
resources necessary to provide American youth the opportunity
to participate in high quality youth apprenticeships that will
lead to satisfying and gainful employment opportunities.
(b) Purposes.--The purposes of this Act are to--
(1) establish a nationally recognized system for the youth
apprenticeship approach to learning, while allowing States to
customize the model to economic, demographic, and other local
conditions;
(2) establish a process that engages the business community
in partnerships with education to develop the capacity of
workplaces to serve as learning sites in order to ensure that
youth apprentices acquire academic and work-based competencies
and become skilled, flexible entry-level workers;
(3) encourage businesses and labor organizations to
participate in youth apprenticeship programs;
(4) encourage the public sector to participate in youth
apprenticeship programs;
(5) motivate the nation's young people to remain in school,
improve their basic skills, and become productive citizens by
providing the opportunity to gain marketable skills while
establishing a relationship with a prospective employer;
(6) prepare the youth of the United States for employment
in high-wage, high-skilled occupations;
(7) provide for high achievement standards in order to
instill pride, self-esteem, and purpose in youth apprentices;
(8) establish a systematic transition for youth apprentice
students from school to work by linking the academic curriculum
with a curriculum of work-site experience and learning; and
(9) enhance the youth apprentice's prospects for immediate
employment after leaving school in positions that provide
significant opportunity for continued education and career
development.
SEC. 3. DEFINITIONS.
For the purpose of this Act, the following definitions apply--
(1) the term ``youth apprenticeship program'' means a
program that--
(A) integrates academic instruction and work-based
learning;
(B) provides for work-site learning and paid work
experience;
(C) is offered to students beginning in the 11th
grade;
(D) is intended to----
(i) result in receipt of a high school
diploma and an approved certificate of
competency; and
(ii) lead, as appropriate, to entry into a
postsecondary program, a program registered
under the National Apprenticeship Act, or
permanent employment; and
(E) otherwise meets the requirements of this Act.
(2) The term ``youth apprenticeship agreement'' means the
written agreement between the employer, local educational
agency, student, and parent which defines the parties'
respective roles and responsibilities under the program.
(3) The term ``youth apprentice'' means a student who is at
least 16 years of age, who is currently enrolled in a public
secondary school as defined in paragraph (21) of section 1471
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(21), and who is participating in a youth
apprenticeship program which meets the requirements of this
Act.
(4) The term ``employer'' means any person or organization
employing a youth apprentice under youth apprenticeship program
which meets the requirements of this Act.
(5) The term ``State'' means any of the several States, the
District of Columbia, American Samoa, the Federated States of
Micronesia, Guam, the Republic of the Marshall Islands, the
Commonwealth of the Northern Mariana Islands, Palau, the
Commonwealth of Puerto Rico, and the Virgin Islands.
(6) The term ``State Board'' has the meaning provided in
section 521 of the Carl D. Perkins Vocational and Applied
Technology Act (Carl D. Perkins Act) (20 U.S.C. 2301 et seq.).
(7) The term ``local educational agency'' has the meaning
provided in section 521(22) of the Carl D. Perkins Vocational
and Applied Technology Act (Carl D. Perkins Act) (20 U.S.C.
2471).
(8) The term ``skilled mentor'' means the individual at the
work site who instructs the apprentice, critiques performance,
challenges the apprentice to perform well, and works in
cooperation with classroom teachers.
(9) The term ``institution of higher education'' has the
meaning provided in section 1201(a) of the Higher Education Act
of 1965 (20 U.S.C. 1141(a)).
(10) The term ``work-site training'' means hands-on work
that is performed for an employer under the supervision of a
skilled mentor which, when integrated with appropriate
occupational and academic instruction, will lead to proficiency
in an occupational area and for which financial compensation is
provided.
SEC. 4. STATE PROGRAM RESPONSIBILITIES AND ADMINISTRATION.
(a) No later than fiscal year 1995 and in each year thereafter,
each State Board that receives funds pursuant to this Act shall make
grants to local educational agencies in a manner that ensures--
(1) the widest possible participation among interested 11th
and 12th grade students; and
(2) that grants to local educational agencies will be of
sufficient size, scope, and quality to assure the development
of high quality youth apprenticeship programs;
(b) State Boards are also encouraged to consider designating an
institution(s) of higher education to serve as a youth apprenticeship
research and curriculum center to work with the State Board, local
schools, community colleges, employers, and any other organizations or
individuals that the State Board may deem appropriate, to develop
appropriate curricula, occupational standards and assessments, and to
provide technical assistance as necessary in the development and
implementation of youth apprenticeship programs; and
(c) Not more than 5 percent of the funds authorized to be
appropriated in fiscal year 1995 and for any year thereafter may be
used for administrative expenses in carrying out the purposes of this
Act.
SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.
(a) Each local educational agency that receives a grant under this
Act must implement a youth apprenticeship program that--
(1) Integrates occupational, technical, and academic
instruction;
(2) Integrates work-site training and classroom instruction
throughout the initial 2 years (grades 11 and 12) of the
apprenticeship program;
(3) Provides career counseling and any other career
exploration opportunities that may be appropriate to ensure
that students and parents are made aware of apprenticeship
options before such students complete the 10th grade;
(4) Offers apprenticeships to students beginning in the
11th grade with the option to pursue an additional 1 or 2 years
of instruction and training in a community or technical
college;
(5) Ensures that a sufficient number of credits obtained
during the postsecondary portion of youth apprenticeship
programs are transferable so that students may pursue a 4-year
college degree;
(6) Ensures that each participating student enters into a
written youth apprenticeship agreement that is signed by a
school official, the employer, the student, and parent or
guardian;
(7) Ensures that employers will devote the staff,
facilities, and equipment necessary to provide youth
apprentices with adequate work-site supervision, quality
instruction, and hands-on training on an ongoing basis;
(8) Ensures that youth apprentices are provided with
adequate and safe equipment and a safe and healthful workplace
in conformity with all applicable Federal and State health and
safety standards;
(9) Provides instruction sufficient to enable youth
apprentices to satisfy State requirements for a high school
diploma together with an appropriate skills certificate, upon
completion of the 12th grade;
(10) Provides youth apprentice who successfully completes
the requisite 1 or 2 years of postsecondary instruction and
training the opportunity to obtain an associate degree or a
mastery of skills certificate;
(11) Ensures that students receive financial compensation
from employers for work performed; and
(12) Establishes an entity at the local level, such as a
steering committee comprised of representatives of education,
industry, labor, and the community, to assist in the planning
and oversight of youth apprenticeship programs.
(b) In designing and implementing their youth apprenticeship
programs, local educational agencies are encouraged to consider--
(1) Forming school advisory committees whose members
include both vocational and academic teachers to provide
appropriate assistance and counseling to students who are
either engaged in or considering participation in a youth
apprenticeship program;
(2) Using the tech-prep education program model, as
authorized by part E, title III of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2394
et seq.), for the academic instruction component and for any
classroom instruction for the occupational/technical training
components of a youth apprenticeship program, in order to
enhance opportunities for youth apprentices to enter into
programs leading to an associate degree or certificate in an
occupational field or program; and
(3) Using State and local vocational educational and job
training funds in support of youth apprenticeship programs.
SEC. 6. RESPONSIBILITIES OF THE SECRETARY OF EDUCATION.
The Secretary of Education shall--
(a) make grants to States in a manner consistent with Part
A of title I of the Carl D. Perkins Vocational and Applied
Technology Act (20 U.S.C. 2301 et seq.) for the design and
implementation of youth apprenticeship programs provided for
under this Act;
(b) establish, no later than January 1, 1994, an
Information Clearinghouse on Youth Apprenticeships as set forth
in section 8 of this Act;
(c) identify, no later than January 1, 1994, no less than 3
successful youth apprenticeship programs that might serve as
model programs;
(d) conduct studies and, no later than January 1, 1996,
submit a report to the House Committee on Education and Labor
and the Senate Committee on Labor and Human Resources on--
(1) the extent to which states are implementing
youth apprenticeship programs that meet the
requirements of this Act;
(2) the numbers of students participating in youth
apprenticeship programs, on a state-by-state basis;
(3) the extent to which youth apprenticeship
programs are impacting drop-out rates; and
(4) any other issues the Secretary deems
appropriate;
(e) after consultation with the Secretary of Labor, make
recommendations, no later than January 1, 1996, to the House
Committee on Education and Labor and the Senate Committee on
Labor and Human Resources on further statutory changes that may
be necessary to--
(1) facilitate the successful implementation of
youth apprenticeship programs;
(2) ensure the availability of youth apprenticeship
programs to all students who may benefit from such
programs;
(3) facilitate coordination with other Federal
educational and occupational training programs,
including, but not limited to programs specified in
section 9 of this Act;
(4) ensure that students engaged in youth
apprenticeships are receiving the academic instruction
necessary to enable them to go on to obtain a 4-year
college degree; and
(5) promulgate regulations, as appropriate;
(f) Not more than 3 percent of the funds authorized to be
appropriated for any fiscal year may be used for administrative
expenses in carrying out this Act.
SEC. 7. RESPONSIBILITIES OF THE SECRETARY OF LABOR.
The Secretary of Labor shall--
(a) provide technical assistance to the Secretary of
Education upon request;
(b) assist in the development of recommendations to be made
to the House Committee on Education and Labor and the Senate
Committee on Labor and Human Resources as set forth under
section 6, paragraph (e) of this Act; and
(c) conduct a study, in consultation with the Secretary of
Education, on the feasibility of establishing national
occupational standards to measure the achievement levels and/or
mastery of skills demonstrated by students who complete youth
apprenticeships--such study shall consider the feasibility of
establishing such standards for youth apprentices who
successfully complete the initial 2 years of the program as
well as for youth apprentices who successfully complete an
additional 1 or 2 years of postsecondary instruction and
training. The results of this study shall be provided to the
House Committee on Education and Labor and the Senate Committee
on Labor and Human Resources no later than January 1, 1995.
SEC. 8. INFORMATION CLEARINGHOUSE ON YOUTH APPRENTICESHIPS.
There shall be established within the Department of Education an
Information Clearinghouse on Youth Apprenticeships. The functions of
the clearinghouse are to--
(a) house information on youth apprenticeship programs,
including the model youth apprenticeship programs identified by
the Secretary pursuant to section 6, paragraph (c) of this Act;
and
(b) disseminate information, upon request from State Boards
or local educational agencies, including information necessary
for the replication of the model youth apprenticeship programs.
SEC. 9. COORDINATION WITH OTHER FEDERAL EDUCATION AND TRAINING
PROGRAMS.
(a) Vocational Education.--
(1) Section 235(c) of the Carl D. Perkins Vocational and
Applied Technology Act (Carl D. Perkins Act) (20 U.S.C. 2301 et
seq.) is amended--
(A) by redesignating respectively subparagraphs (G)
through (N), as (H) through (O); and
(B) by inserting the following new subparagraph
(G)--
``(G) youth apprenticeship programs;''.
(2) A tech-prep education program, authorized by part E,
title III of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2394 et seq.), may serve as
the classroom portion of the academic and work-based learning
components for the job training component of a youth
apprenticeship program.
(b) Job Training.--
(1) Youth apprenticeship programs are education and
training programs for purposes of state education coordination
and grants under section 123 of the Job Training Partnership
Act (29 U.S.C. 1533).
(2) To the extent consistent with law, and otherwise
appropriate, youth programs carried out under Part A and Part B
of title II of the Job Training Partnership Act should be
merged with programs carried out under this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated $100,000,000 for fiscal
year 1994 and such sums as may be necessary for fiscal years 1995
through 1998 to carry out the purposes of this Act. | National Youth Apprenticeship Opportunity Act of 1993 - Establishes a national system of support for State youth apprenticeship programs that: (1) integrate academic and work-based learning; (2) provide for work-site learning and paid work experience; (3) are offered to students (16 years old or older) beginning in the 11th grade; and (4) are intended to result in receipt of a high school diploma and an approved certificate of competency, and, as appropriate, entry into a postsecondary program, a program registered under the National Apprenticeship Act, or permanent employment.
Requires State boards of vocational education that receive funds under this Act to make grants to local educational agencies (LEAs) for such programs.
Sets forth program responsibilities of LEA grantees.
Directs the Secretary of Education (the Secretary) to: (1) make such program grants to States; (2) establish, in the Department of Education, an Information Clearinghouse on Youth Apprenticeships; and (3) identify at least three successful youth apprenticeship programs to serve as models. Directs the Secretary of Labor to: (1) provide technical assistance to the Secretary upon request; and (2) study and report to specified congressional committees on the feasibility of establishing national occupational standards to measure achievement and skills mastery demonstrated by students who complete youth apprenticeships.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Youth Apprenticeship Opportunity Act of 1993"} | 3,474 | 277 | 0.530843 | 1.631263 | 0.720036 | 3.139623 | 12.826415 | 0.928302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Licensing Act of 1994''.
SEC. 2. INDUCEMENT FOR STATES TO ESTABLISH A SYSTEM FOR IDENTIFYING
PERSONS PROHIBITED FROM POSSESSING FIREARMS THROUGH A
MAGNETIC STRIP AFFIXED TO DRIVER'S LICENSES AND OTHER
IDENTIFICATION DOCUMENTS.
(a) In General.--The Director of the Bureau of Justice Assistance
shall reduce by 25 percent the annual allocation to a State for a
fiscal year under title I of the Omnibus Crime Control and Safe Streets
Act of 1968 unless the State has in effect laws and procedures which,
in substance, provide the following:
(1) Records check required before issuance of driver's
license and identification documents; use of magnetic strips to
identify prohibited persons.--Before the State transportation
agency issues, reissues, or reinstates a license, the agency
shall--
(A) conduct a record check to determine whether the
applicant therefor is a prohibited person by examining
the State list referred to in paragraph (4) of this
subsection and the national list referred to in
subsection (c)(1); and
(B) affix to the license of the person a magnetic
strip on which is encoded information that--
(i) identifies the licensee as a prohibited
person or as a nonprohibited person; and
(ii) may be discerned only through the use
of an electronic device that--
(I) is read only;
(II) does not have storage or
communication capabilities; and
(III) signals the user of the
device with--
(aa) a green light if the
device reads a magnetic strip
that does not identify the
person as a prohibited person;
and
(bb) a red light if the
device reads a magnetic strip
that identifies the person as a
prohibited person.
(2) Effects of felony conviction or adjudication of mental
incompetency.--
(A) Seizure and voiding of driver's license.--If a
State court convicts a person of a crime punishable by
imprisonment for a term exceeding 1 year or adjudicates
a person as mentally incompetent, the court shall seize
any license issued to the person by the State
transportation agency, and any such license shall be
void.
(B) Magnetic strip identifying licensee as a
prohibited person to be attached to future licenses.--
The State transportation agency shall affix to any
license issued to a prohibited person a magnetic strip
of the type described in paragraph (1)(B) that
identifies the licensee as a prohibited person.
(3) Funding of records checks by increasing fines imposed
upon convicted felons.--Any person convicted in the State of a
crime punishable by imprisonment for a term exceeding 1 year
shall, in addition to any sentence imposed under any other
provision of State law, be fined an amount sufficient to cover
the expenses of criminal records checks conducted pursuant to
paragraph (1)(A), taking all such convictions into account on
an annual basis.
(4) Requirement to maintain and update computerized list of
prohibited persons.--The State shall create and maintain a
computerized list of all persons who are prohibited persons by
reason of a conviction or adjudication in the State, and,
within 2 years after the date of the enactment of this Act,
shall achieve and maintain at least 80 percent currency of case
dispositions in the computerized list for all cases in which
there has been an entry of activity within the then immediately
preceding 5 years.
(b) Definitions.--As used in this section:
(1) License.--The term ``license'' means a license or
permit to operate a motor vehicle on the roads and highways of
the State, and any identification document issued by a State
transportation agency solely for purposes of identification.
(2) Prohibited person.--The term ``prohibited person''
means a person who--
(A) has been convicted of a crime punishable under
Federal or State law by imprisonment for a term
exceeding 1 year;
(B)(i) has been adjudicated mentally incompetent;
and
(ii)(I) has not been restored to capacity by court
order; or
(II) has been so restored to capacity for less than
5 years; or
(C) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(3) State transportation agency.--The term ``State
transportation agency'' means the State agency responsible for
issuing a license, permit, or identification document described
in paragraph (1).
(c) Duties of the Attorney General.--The Attorney General of the
United States shall--
(1) create a national, computerized list of prohibited
persons;
(2) incorporate State criminal history records into the
Federal criminal records system maintained by the Federal
Bureau of Investigation;
(3) develop hardware and software systems to link State
lists referred to in subsection (a)(4) with the national list
referred to in paragraph (1) of this subsection; and
(4) provide any responsible State agency with access to the
national list, upon request.
(d) Procedures for Correcting Erroneous Records.--
(1) Request for information.--Any person identified as a
prohibited person in records maintained under this section may
request the Attorney General of the United States to notify the
person of the reasons therefor.
(2) Compliance with request.--Within 5 days after receipt
of a request under paragraph (1), the Attorney General shall
comply with the request.
(3) Submission of additional information.--Any person
described in paragraph (1) may submit to the Attorney General
information to correct, clarify, or supplement records
maintained under this section with respect to the person.
(4) Consideration and use of additional information.--
Within 5 days after receipt of such information, the Attorney
General shall consider the information, investigate the matter
further, correct any and all erroneous Federal records relating
to such person, and notify any Federal department or agency or
any State that was the source of the erroneous records of the
errors.
(e) Judicial Review.--Any person erroneously identified as a
prohibited person in records maintained pursuant to this section may
bring an action in any United States district court against the United
States, or any State or political subdivision thereof which is the
source of the erroneous information, for damages (including
consequential damages), injunctive relief, and such other relief as the
court deems appropriate. If the person prevails in the action, the
court shall allow the person a reasonable attorney's fee as part of the
costs.
SEC. 3. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON
DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A
FIREARM.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(y)(1) It shall be unlawful for a person to possess a firearm
unless the person is carrying an identification document, issued to the
person by the transportation agency of the State in which the person
resides, affixed to which is a magnetic strip of the type described in
section 2(a)(1)(B) of the Firearms Licensing Act of 1994 on which is
encoded information that identifies the licensee as a person who is not
a prohibited person.
``(2) It shall be unlawful for any licensed dealer knowingly to--
``(A) transfer a firearm to any person not licensed under
section 923, unless the licensed dealer has used an electronic
device described in section 2(a)(1)(B)(ii) of the Firearms
Licensing Act of 1994 to read the magnetic strip affixed to an
identification document issued to the person by the
transportation agency of the State in which the premises of the
licensed dealer is located; or
``(B) fail to notify local law enforcement authorities,
within 72 hours, of any person attempting to purchase a firearm
who is identified as a prohibited person through the use of
such a device.
``(3) As used in this subsection:
``(A) The term `identification document' means a
license or permit to operate a motor vehicle, and any
identification document issued solely for purposes of
identification.
``(B) The term ``prohibited person'' means a person
who--
``(i) has been convicted of a crime
punishable under Federal or State law by
imprisonment for a term exceeding 1 year;
``(ii)(I) has been adjudicated mentally
incompetent; and
``(II)(aa) has not been restored to
capacity by court order; or
``(bb) has been so restored to capacity for
less than 5 years; or
``(iii) is an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(C) The term `transportation agency' means the
agency responsible for issuing commercial or
noncommercial identification documents.''.
(b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(6)(A)(i) Subject to this subparagraph, a person who knowingly
violates section 922(y)(1) shall be imprisoned not less than 6 months
and not more than 1 year.
``(ii) Upon conviction of a violation of section 922(y)(1), the
court shall offer the defendant the opportunity to seek enlistment or
appointment in the Armed Forces.
``(iii) If the defendant immediately accepts the offer described in
clause (ii), the court shall, in lieu of imposing any other sentence on
the defendant, impose a probationary sentence on the defendant, with at
least the following conditions:
``(I) The defendant shall immediately seek enlistment or
appointment in the Armed Forces.
``(II) The defendant shall become enlisted or appointed in
the Armed Forces within 60 days after imposition of such
sentence.
``(III) The defendant shall complete the minimum period of
obligated active service required under the enlistment or
appointment.
``(iv) The court may not modify or reduce any of the conditions set
forth in clause (iii) of a sentence of probation imposed under this
subparagraph.
``(v) Subsections (c) and (d) of section 3564, and section 3565(b),
shall not apply to a sentence of probation imposed under this
subparagraph.
``(B) A licensed dealer who knowingly violates section 922(y)(2)
shall be fined under this title in an amount that is not less than
$15,000, imprisoned not less than 1 year and not more than 3 years, or
both.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect at
the end of the 2-year period that begins with the date of the enactment
of this Act. | Firearms Licensing Act of 1994 - Requires the Director of the Bureau of Justice Assistance to reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State has in effect laws and procedures which provide for: (1) a records check before issuance of a driver's license and identification documents, and the use of magnetic strips to identify prohibited persons; (2) the seizure and voiding of the driver's license of a person convicted of a felony or adjudicated mentally incompetent, and the use of a magnetic strip identifying the licensee as a prohibited person to be attached to future licenses; (3) the funding of records checks by increasing fines imposed upon convicted felons; and (4) a requirement that the State maintain and update a computerized list of prohibited persons.
Directs the Attorney General to: (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists of prohibited persons with the national list; and (4) provide any responsible State agency with access to the national list upon request.
Sets forth provisions regarding: (1) procedures for correcting erroneous records; and (2) judicial review.
Amends the Federal criminal code to prohibit a person from possessing a firearm unless the person is carrying an identification document that is issued to the person by the State transportation agency where the person resides and affixed with a magnetic strip on which is encoded information that identifies the licensee as a person who is not a prohibited person. Makes it unlawful for any licensed dealer to: (l) knowingly transfer a firearm to an unlicensed individual unless the dealer has used an electronic device to read such strip; or (2) fail to notify local law enforcement authorities within 72 hours of any attempt to purchase a firearm by a person who is identified as a prohibited person through the use of such a device.
Sets penalties for violations. Directs the court, upon conviction of such illegal possession of a firearm, to offer the defendant the opportunity to seek enlistment or appointment in the armed forces (and if the defendant immediately accepts, to impose a probationary sentence on the defendant, conditioned on the defendant becoming enlisted or appointed within 60 days after imposition of such sentence and completing the minimum period of obligated active service required under the enlistment or appointment). | {"src": "billsum_train", "title": "Firearms Licensing Act of 1994"} | 2,552 | 568 | 0.736573 | 2.568411 | 0.727018 | 5.158537 | 4.493902 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build It in America Act of 2012''.
SEC. 2. CREDIT FOR RESEARCH ACTIVITIES MADE PERMANENT; INCREASED CREDIT
FOR BUSINESSES MANUFACTURING IN THE UNITED STATES; CREDIT
MADE REFUNDABLE FOR SMALL BUSINESSES.
(a) Research Credit Made Permanent.--
(1) In general.--Section 41 of the Internal Revenue Code of
1986 is amended by striking subsection (h).
(2) Conforming amendments.--
(A) Subsection (c) of section 41 of such Code is
amended by striking paragraph (4).
(B) Paragraph (1) of section 45C(b) of such Code is
amended by striking subparagraph (D).
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2011.
(b) Enhanced Research Credit for Domestic Manufacturers.--
(1) In general.--Section 41 of such Code, as amended by
subsection (a), is amended by inserting after subsection (g)
the following new subsection:
``(h) Enhanced Credit for Domestic Manufacturers.--
``(1) In general.--In the case of a qualified domestic
manufacturer, this section shall be applied by increasing the
20 percent amount in subsection (a)(1) by the bonus amount.
``(2) Qualified domestic manufacturer.--For purposes of
this subsection--
``(A) In general.--The term `qualified domestic
manufacturer' means any taxpayer who has a domestic
production percentage of more than 50 percent.
``(B) Domestic production percentage.--The term
`domestic production percentage' means, with respect to
any taxable year, the percentage determined by
dividing--
``(i) the taxpayer's domestic production
gross receipts (as defined in paragraph (4) of
section 199(c)) for such taxable year, by
``(ii) the amount which would be determined
under such paragraph with respect to the
taxpayer for such taxable year if the
activities described in such paragraph were
taken into account without regard to whether
they occurred in the United States.
``(3) Bonus amount.--For purposes of paragraph (1), the
bonus amount shall be determined as follows:
``If the domestic production The bonus
percentage is: amount is:
More than 50 percent but not more than 60 2 percentage points
percent.................................
More than 60 percent but not more than 70 4 percentage points
percent.................................
More than 70 percent but not more than 80 6 percentage points
percent.................................
More than 80 percent but not more than 90 8 percentage points
percent.................................
More than 90 percent..................... 10 percentage points''.
(2) Effective date.--The amendment made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2011.
(c) Credit Made Refundable for Small Businesses.--
(1) In general.--Section 41 of such Code is amended by
adding at the end the following new subsection:
``(i) Credit Refundable for Small Businesses.--
``(1) In general.--In the case of a small business (as
defined in subsection (b)(3)(D)(iii)), 100 percent of the
credit determined under this section shall be treated as a
credit allowable under subpart C (and not allowable under this
subpart).
``(2) Businesses with more than 500 employees but less than
800 employees.--If any person (not otherwise a small business
(as so defined)) would be treated as such a small business if
`less than 800' were substituted for `500 or fewer' in
subsection (b)(3)(D)(iii), such person shall be treated as a
small business for purposes of this subsection but the
applicable percentage determined in accordance with the
following table shall be substituted for `100 percent' in
paragraph (1).
``If the annual number of The applicable
employees is: percentage is:
More than 500 but not more than 600.......... 80
More than 600 but not more than 700.......... 60
More than 700 but not more than 800.......... 40''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 2011. | Build It in America Act of 2012 - Amends the Internal Revenue Code to: (1) make the tax credit for increasing research activities permanent, (2) increase the rate of such tax credit for manufacturers whose adjusted gross receipts attributable to domestic production exceed 50%, and (3) make such credit refundable for certain small businesses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make the research credit permanent, to increase the research credit for businesses manufacturing in the United States, and to make the research credit refundable for small businesses."} | 954 | 67 | 0.575709 | 1.417494 | 0.864521 | 2.212121 | 13.121212 | 0.757576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Private Vocational
Partnership Act of 2005''.
SEC. 2. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR
VOCATIONAL EDUCATION PURPOSES.
(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. 45J. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR
VOCATIONAL EDUCATION PURPOSES.
``(a) General Rule.--For purposes of section 38, in the case of a
corporation (as defined in section 170(e)(4)(D)), the vocational
education donation credit determined under this section for the taxable
year is an amount equal to the sum of--
``(1) 90 percent of the fair market value of qualified
property donations made during the taxable year, plus
``(2) the aggregate of the intern credit amounts.
``(b) Limitations.--
``(1) Qualified property donations.--The amount allowed as
a credit under subsection (a)(1) shall not exceed $50,000.
``(2) Intern credit amount.--
``(A) In general.--The amount allowed as a credit
under subsection (a)(2) with respect to a qualified
intern shall be the amount equal to $100 multiplied by
the number of months during the taxable year in which
the intern was an employee of the taxpayer.
``(B) Aggregate per intern credit amounts.--The
aggregate amount allowed to the taxpayer as a credit
under subsection (a)(2) for the taxable year shall not
exceed $6,000.
``(c) Qualified Property Donations.--For purposes of this section,
the term `qualified property donations' means a charitable contribution
(as defined in section 170(c)) of tangible personal property if--
``(1) the contribution is to an educational organization
described in section 170(b)(1)(A)(ii) which is a secondary
school or community college,
``(2) substantially all of the use of the property by the
donee is for use within the United States for educational
purposes that are related to the purpose or function of the
donee,
``(3) the property is not transferred by the donee in
exchange for money, other property, or services, except for
shipping, installation and transfer costs,
``(4) the property will fit productively into the donee's
education plan,
``(5) the donee's use and disposition of the property will
be in accordance with the provisions of paragraphs (2), (3),
and (4), and
``(6) the property meets such standards, if any, as the
Secretary may prescribe by regulation to assure that the
property meets minimum functionality and suitability standards
for educational purposes.
``(d) Qualified Intern.--For purposes of this section--
``(1) In general.--The term `qualified intern' means an
individual--
``(A) who is enrolled full-time as a student in a
secondary school or community college, and
``(B) who is employed for not more than 20 hours
per week by the taxpayer as part of a vocational
education course approved by such school or college.
``(2) Secondary school.--The term `secondary school' means
a secondary school (as defined by section 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(38)) which offers a program of education in vocational
education.
``(3) Community college.--The term `community college'
means a public or nonprofit private postsecondary regionally
accredited institution that provides not less than a 2-year
program of instruction that is acceptable for full credit
toward a bachelor's degree at an accredited institution and
whose highest degree offered is predominantly the associate
degree.
``(e) Aggregation Rule.--For purposes of subsection (b), all
persons treated as a single employer under subsection (a) or (b) of
section 52 or subsection (n) or (o) of section 414 shall be treated as
one person.
``(f) Coordination With Section 170(b).--The limitation which would
(but for this subsection) apply under section 170(b) for any taxable
year shall be reduced (but not below zero) by the fair market value of
property taken into account in determining the credit allowed under
subsection (a)(1) for such year.''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (18), by striking
the period at the end of paragraph (19) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(20) in the case of a corporation (as defined in section
170(e)(4)(D)), the vocational education donation credit
determined under section 45J(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(e) Vocational Education Donations.--The deduction otherwise
allowed for amounts taken into account under section 45J shall be
reduced by the amount of the credit determined under section 45J(a)
with respect to such amounts.''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45I the following new
item:
``Sec. 45J. Donations to secondary schools and community colleges for
vocational education purposes.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Public Private Vocational Partnership Act of 2005 - Amends the Internal Revenue Code to allow certain corporations who employ interns enrolled full-time in vocational programs in secondary schools or community colleges a business tax credit for donations of tangible personal property to such schools and colleges. Bases the credit on the fair market value of the property donated and the number of months such interns are employed by the taxpayer. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a business credit for donations for vocational educational purposes."} | 1,360 | 85 | 0.54732 | 1.32875 | 0.999132 | 2.283784 | 16.22973 | 0.851351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
1999''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Protection of unborn children.
``Sec. 1841. Protection of unborn children
``(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365) to, a child, who is
in utero at the time the conduct takes place, is guilty of a separate
offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall instead
of being punished under subparagraph (A), be punished as provided under
sections 1111, 1112, and 1113 of this title for intentionally killing
or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i),
924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120,
1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512,
1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and
(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which
such consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) As used in this section, the term `unborn child' means a
child in utero, and the term `child in utero' or `child, who is in
utero' means a member of the species homo sapiens, at any stage of
development, who is carried in the womb.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following new item:
``90A. Protection of unborn children........................ 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following new
section:
``Sec. 919a. Art. 119a. Protection of unborn children
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under this chapter for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the accused intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall, instead
of being punished under subparagraph (A), be punished as provided under
sections 880, 918, and 919(a) of this title (articles 80, 118, and
119(a)) for intentionally killing or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which
such consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section, the term `unborn child' means a child in
utero, and the term `child in utero' or `child, who is in utero' means
a member of the species homo sapiens, at any stage of development, who
is carried in the womb.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following new item:
``919a. 119a. Protection of unborn children.''.
Passed the House of Representatives September 30, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. | {"src": "billsum_train", "title": "Unborn Victims of Violence Act of 1999"} | 1,742 | 203 | 0.568043 | 1.735922 | 0.871372 | 8.273196 | 7.93299 | 0.963918 |
SECTION 1. ENCOURAGING THE PREPARATION OF TANF RECIPIENTS FOR HIGH-
SKILL, HIGH-DEMAND JOBS.
(a) In General.--Section 407(c)(2)(D) of the Social Security Act
(42 U.S.C. 607(c)(2)(D)) is amended to read as follows:
``(D) Limitation on number of persons who may be
treated as engaged in work by reason of participation
in educational activities.--
``(i) In general.--Except as provided in
clause (ii), for purposes of paragraphs
(1)(B)(i) and (2)(B) of subsection (b), not
more than 30 percent of the number of
individuals in all families in a State who are
treated as engaged in work for a month may
consist of individuals who are--
``(I) determined to be engaged in
work for the month by reason of
participation in vocational educational
training (but only with respect to such
training that does not exceed 12 months
with respect to any individual); or
``(II) deemed to be engaged in work
for the month by reason of subparagraph
(C) of this paragraph.
``(ii) Exception for education in
preparation for sector-specific, high-skill
occupations to meet employer demand.--
``(I) In general.--Notwithstanding
clause (i) and subsection (d)(8), for
purposes of determining monthly
participation rates under paragraphs
(1)(B)(i) and (2)(B) of subsection (b)
with respect to an individual who is
enrolled, in preparation for a sector-
specific, high-skill occupation to meet
employer demand (as defined in
subclause (II)), in a postsecondary 2-
or 4-year degree program or in
vocational educational training--
``(aa) the State may count
the number of hours per week
that the individual attends
such program or training for
purposes of determining the
number of hours for which a
family is engaged in work for
the month without regard to the
30 percent limitation under
clause (i); and
``(bb) the individual shall
be permitted to complete the
requirements of the degree
program or vocational
educational training within the
normal time frame for full-time
students seeking the particular
degree or completing such
vocational educational
training.
``(II) Sector-specific, high-skill
occupation to meet employer demand
defined.--In subclause (I), the term
`sector-specific, high-demand, high-
skill occupation to meet employer
demand' means an occupation--
``(aa) that has been
identified by the State
workforce investment board
established under section 111
of the Workforce Investment Act
of 1998 (29 U.S.C. 2821) as
within the needs of the State
with regard to current and
projected employment
opportunities in specific
industry sectors or that has
been defined by the State
agency administering the State
program funded under this part
as within the needs of the
State with regard to current
and projected employment
opportunities in specific
industry sectors and is
consistent with high demand
jobs identified in the State
plan in accordance with section
402(a)(1)(A)(vii);
``(bb) that requires
occupational training; and
``(cc) that provides a wage
of at least 75 percent of the
State median hourly wage, as
calculated by the Bureau of
Labor Statistics on the basis
of the most recent Occupational
Employment and Wage Survey.''.
(b) Conforming State Plan Amendment.--Section 402(a)(1)(B) of the
Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at
the end the following:
``(vii) The document shall describe any
strategies and programs the State plans to use
to address employment placement, retention, and
advancement for recipients of assistance under
the program, including placement into high-
demand jobs and whether such jobs are
identified using labor market information.''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2005. | Revises the mandatory work requirements of part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act with respect to the limitation on the number of persons in a state who may be treated as engaged in work by reason of participation in educational activities. Removes two-parent families from the formula for such limitation. Creates an exception to the limitation for education in preparation for sector-specific, high-skill occupations to meet employer demand.
Defines sector-specific, high-demand, high-skill occupation to meet employer demand as an occupation that: (1) has been identified by the state workforce investment board or by the state agency administering the state TANF program as within state needs with regard to current and projected employment opportunities in specific industry sectors; (2) requires occupational training; and (3) provides a wage of at least 75 percent of the state median hourly wage. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to exempt preparation for high-skill, high-demand jobs from participation and time limits under the temporary assistance for needy families program."} | 893 | 193 | 0.624897 | 1.811321 | 0.787844 | 3.407821 | 4.603352 | 0.905028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katie Sepich Enhanced DNA Collection
Act of 2012''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) DNA arrestee collection process.--The term ``DNA arrestee
collection process'' means, with respect to a State, a process
under which the State provides for the collection, for purposes of
inclusion in the index described in section 210304(a) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(a)) (in this Act
referred to as the ``National DNA Index System''), of DNA profiles
or DNA data from the following individuals who are at least 18
years of age:
(A) Individuals who are arrested for or charged with a
criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a
criminal offense under State law that has an element involving
a sexual act or sexual contact with another and that is
punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a
criminal offense under State law that has an element of
kidnaping or abduction and that is punishable by imprisonment
for more than 1 year.
(D) Individuals who are arrested for or charged with a
criminal offense under State law that consists of burglary
punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a
criminal offense under State law that consists of aggravated
assault punishable by imprisonment for more than 1 year.
(2) State.--The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
SEC. 3. GRANTS TO STATES TO IMPLEMENT DNA ARRESTEE COLLECTION
PROCESSES.
(a) In General.--The Attorney General shall, subject to amounts
made available pursuant to section 5, carry out a grant program for the
purpose of assisting States with the costs associated with the
implementation of DNA arrestee collection processes.
(b) Applications.--
(1) In general.--To be eligible to receive a grant under this
section, in addition to any other requirements specified by the
Attorney General, a State shall submit to the Attorney General an
application that demonstrates that it has statutory authorization
for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds.--An application submitted under
paragraph (1) by a State shall include assurances that the amounts
received under the grant under this section shall be used to
supplement, not supplant, State funds that would otherwise be
available for the purpose described in subsection (a).
(3) Other requirements.--The Attorney General shall require a
State seeking a grant under this section to document how such State
will use the grant to meet expenses associated with a State's
implementation or planned implementation of a DNA arrestee
collection process.
(c) Grant Allocation.--
(1) In general.--The amount available to a State under this
section shall be based on the projected costs that will be incurred
by the State to implement a DNA arrestee collection process.
Subject to paragraph (2), the Attorney General shall retain
discretion to determine the amount of each such grant awarded to an
eligible State.
(2) Maximum grant allocation.--In the case of a State seeking a
grant under this section with respect to the implementation of a
DNA arrestee collection process, such State shall be eligible for a
grant under this section that is equal to no more than 100 percent
of the first year costs to the State of implementing such process.
(d) Grant Conditions.--As a condition of receiving a grant under
this section, a State shall have a procedure in place to--
(1) provide written notification of expungement provisions and
instructions for requesting expungement to all persons who submit a
DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and
instructions for requesting expungement on an appropriate public
Web site; and
(3) make a determination on all expungement requests not later
than 90 days after receipt and provide a written response of the
determination to the requesting party.
SEC. 4. EXPUNGEMENT OF PROFILES.
The expungement requirements under section 210304(d) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any DNA
profile or DNA data collected pursuant to this Act for purposes of
inclusion in the National DNA Index System.
SEC. 5. OFFSET OF FUNDS APPROPRIATED.
Any funds appropriated to carry out this Act, not to exceed
$10,000,000 for each of fiscal years 2013 through 2015, shall be
derived from amounts appropriated pursuant to subsection (j) of section
2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135)
in each such fiscal year for grants under such section.
SEC. 6. CONFORMING AMENDMENT TO THE DEBBIE SMITH DNA BACKLOG GRANT
PROGRAM.
Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended by adding at the end the following new
paragraph:
``(6) To implement a DNA arrestee collection process consistent
with the Katie Sepich Enhanced DNA Collection Act of 2012.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Katie Sepich Enhanced DNA Collection Act of 2012 - Directs the Attorney General to make grants to assist states with the costs associated with the implementation of DNA arrestee collection processes.
Defines "DNA arrestee collection process" to mean a process under which a state provides for the collection, for inclusion in the National DNA Index System, of DNA profiles or DNA data from individuals who are at least 18 years of age who are arrested for or charged under state law with homicide or a criminal offense that is punishable by imprisonment for more than one year involving a sexual act or sexual contact with another, kidnaping or abduction, burglary, or aggravated assault.
Sets forth requirements regarding grant applications and the allocation of grant funds.
Conditions receipt of a grant on a state having a procedure in place to provide written notification of expungement provisions and instructions to all persons who submit a DNA profile or DNA data and on an appropriate public website. Makes expungement requirements under the DNA Identification Act of 1994 applicable to any DNA profile or DNA data collected pursuant to this Act for inclusion in the System.
Amends the DNA Analysis Backlog Elimination Act of 2009 to authorize the Attorney General to make grants to implement a DNA arrestee collection process consistent with this Act. | {"src": "billsum_train", "title": "To authorize the Attorney General to award grants for States to implement DNA arrestee collection processes."} | 1,245 | 277 | 0.675981 | 2.099516 | 0.817477 | 4.122363 | 4.666667 | 0.898734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anwar Sadat Centennial Celebration
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Anwar Sadat was born on December 25, 1918, in Mit Abu al-
Kum, al-Minufiyah, Egypt, as 1 of 13 children in a poor Egyptian
family.
(2) In 1938, Sadat graduated from the Royal Military Academy in
Cairo and was appointed to the Signal Corps.
(3) Sadat entered the Army as a second lieutenant and was
posted to Sudan where he met Gamal Abdel Nasser and fellow junior
officers who became the ``Free Officers'' who led the Egyptian
revolution of 1952.
(4) Sadat held various high positions during Nasser's
presidency, assuming the role of President of the National Assembly
in 1960 and Vice President in 1964.
(5) President Nasser died of a heart attack on September 28,
1970, at which point Sadat became acting President. Sadat was
subsequently elected as the third President of Egypt.
(6) On October 6, 1973, President Sadat, along with his Syrian
counterparts, launched an offensive against Israel. A permanent
cease-fire was reached on October 25, 1973.
(7) In 1974, after talks facilitated by Secretary of State
Henry Kissinger, Egypt and Israel signed an agreement allowing
Egypt to formally retrieve land in the Sinai. President Sadat later
wrote in his memoirs that his meetings with Kissinger ``marked the
beginning of a relationship of mutual understanding with the United
States culminating and crystallizing in what we came to describe as
a `peace process'. Together we started that process and the United
States still supports our joint efforts to this day''.
(8) Months of diplomacy between Egypt and Israel followed the
signing of this initial agreement and a second disengagement
agreement, the Sinai Interim Agreement, was signed in September of
1975.
(9) President Sadat addressed a joint session of Congress on
November 5, 1975, during which he underscored the shared values
between the United States and Egypt. In this speech, President
Sadat addressed the path to peace, saying, ``We are faced, together
with other nations, with one of the greatest challenges of our
time, namely the task of convincing this generation, and those to
follow, that we can finally build a viable international system
capable of meeting the demands of tomorrow and solving the problems
of the coming age''.
(10) On November 19, 1977, President Sadat became the first
Arab leader to visit Israel, meeting with the Israeli Prime
Minister, Menachem Begin. President Sadat spoke before the Israeli
Knesset in Jerusalem about his views on how to achieve
comprehensive peace in the Arab-Israeli conflict.
(11) Before commencing negotiations, President Sadat
courageously announced to the Knesset, ``I have come to you so that
together we might build a durable peace based on justice, to avoid
the shedding of 1 single drop of blood from an Arab or an Israeli.
It is for this reason that I have proclaimed my readiness to go to
the farthest corner of the world''. President Sadat further
poignantly stated that ``any life lost in war is a human life,
irrespective of its being that of an Israeli or an Arab. * * * When
the bells of peace ring, there will be no hands to beat the drums
of war''.
(12) On September 17, 1978, President Jimmy Carter hosted
President Sadat and Prime Minister Begin at Camp David where the 3
leaders engaged in 13 days of negotiations that resulted in the
``Framework for Peace in the Middle East'' (commonly known as the
``Camp David Accords'').
(13) Following negotiations, President Sadat and Prime Minister
Begin signed the Egypt-Israel Peace Treaty (in this section
referred to as the ``Peace Treaty'') at the White House on March
26, 1979. Addressing President Sadat at the signing of the Peace
Treaty, which remains an important anchor for peace in the region
today, Prime Minister Begin commended President Sadat by saying,
``In the face of adversity and hostility, you have demonstrated the
human value that can change history--civil courage''.
(14) The Peace Treaty featured mutual recognition of each
country by the other and ultimately the cessation of the state of
war that had existed between Israel and Egypt since the 1948 Arab-
Israeli War. Israel completely withdrew its armed forces and
civilians from the rest of the Sinai.
(15) In 1978, both President Sadat and Prime Minister Begin
were awarded the Nobel Peace Prize for signing the Peace Treaty,
which made Egypt the first Arab country to officially recognize
Israel.
(16) While presenting the Nobel Peace Prize to President Sadat,
Aase Lionaes, Chairman of the Norwegian Nobel Committee, said,
``During the 30 preceding years, the peoples of the Middle East
have, on 4 separate occasions, been the victims of warfare and
there seemed no prospect of peace. President Sadat's great
contribution to peace was that he had sufficient courage and
foresight to break away from this vicious circle. His decision to
accept Prime Minister Menachem Begin's invitation of November 17,
1977, to attend a meeting of the Israeli parliament on November 19
was an act of great courage, both from a personal and from a
political point of view. This was a dramatic break with the past
and a courageous step forward into a new age''.
(17) During his Nobel lecture, President Sadat remarked, ``I
made my trip because I am convinced that we owe it to this
generation and the generations to come not to leave a stone
unturned in our pursuit of peace''.
(18) In remarks to the People's Assembly in Cairo on March 10,
1979, President Carter praised President Sadat, telling the
Assembly, ``Your President has demonstrated the power of human
courage and human vision to create hope where there had been only
despair.''. President Carter also said that the Peace Treaty would
``strengthen cooperation between Egypt and the United States'' and
underscored the support of the United States for the agreement,
saying, ``I fully share and will support President Sadat's belief
that stability must be maintained in this part of the world * * *
He and I recognize that the security of this vital region is being
challenged. I applaud his determination to meet that challenge, and
my Government will stand with him''.
(19) The signing of the Peace Treaty enraged many individuals
who opposed normalized relations with Israel. President Sadat was
assassinated on October 6, 1981, by Khalid Islambouli, a member of
Egyptian Islamic Jihad. President Sadat was well aware of the
controversy to which his actions would lead, but pushed for peace
anyway.
(20) Upon the death of President Sadat, President Ronald Reagan
proclaimed, ``President Sadat was a courageous man whose vision and
wisdom brought nations and people together. In a world filled with
hatred, he was a man of hope. In a world trapped in the animosities
of the past, he was a man of foresight, a man who sought to improve
a world tormented by malice and pettiness''.
(21) President Sadat is recognized in the United States and
throughout the world as a respected leader and champion of peace
whose vision provided a roadmap for the peaceful resolution of
conflict that endures nearly 40 years after its inception.
(22) President Sadat bravely reached out to Israel and
dedicated himself to peace, furthering the national security of
Egypt and the stability of the Middle East.
(23) On the 30th anniversary of the Peace Treaty, President
Barack Obama praised the enduring legacy of the Camp David Accords
and the ``courage and foresight of these leaders, who stood
together in unity to change the course of our shared history''.
President Obama closed by saying, ``Today, as we seek to expand the
circle of peace among Arabs and Israelis, we take inspiration from
what Israel and Egypt achieved 3 decades ago, knowing that the
destination is worthy of the struggle''.
(24) The Camp David Accords and the Peace Treaty continue to
serve the interests of the United States by preserving peace and
serving as a foundation for partnership and dialogue in a region
fraught with conflict and division.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the posthumous award, on behalf of Congress, of a gold
medal of appropriate design to Anwar Sadat in recognition of his
achievements and heroic actions to attain comprehensive peace in the
Middle East.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(c) Presentation.--
(1) In general.--The gold medal referred to in subsection (a)
shall be presented to--
(A)(i) the widow of Anwar Sadat, Jehan Sadat; or
(ii) if Jehan Sadat is unavailable, the next of kin of
Jehan Sadat; and
(B) a representative of the Government of Egypt.
(2) Award of medal.--Following the presentation described in
paragraph (1), the gold medal shall be given to--
(A) Jehan Sadat; or
(B) if Jehan Sadat is unavailable, the next of kin of Jehan
Sadat.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Anwar Sadat Centennial Celebration Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Anwar Sadat in recognition of his achievements and heroic actions to attain comprehensive peace in the Middle East. Such medal shall be presented to: (1) the widow of Anwar Sadat, Jehan Sadat, or her next of kin; and (2) a representative of the government of Egypt. | {"src": "billsum_train", "title": "Anwar Sadat Centennial Celebration Act"} | 2,325 | 115 | 0.423353 | 1.35808 | 0.482953 | 5.020408 | 22.020408 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and AIDS Research Initiative
Amendments of 1993''.
SEC. 2. ESTABLISHMENT OF GENERAL PROGRAM OF RESEARCH REGARDING WOMEN
AND ACQUIRED IMMUNE DEFICIENCY SYNDROME.
Part B of title XXII of the Public Health Service Act (42 U.S.C.
800cc-11 et seq.) is amended by adding at the end the following
section.
``SEC. 2321. RESEARCH REGARDING WOMEN.
``(a) In General.--With respect to cases of infection with the
human immunodeficiency virus, the Secretary shall establish a program
for the purpose of conducting biomedical and behavioral research on
such cases in women, including research on the prevention of such
cases. The Secretary may conduct such research directly, and may make
grants to public and nonprofit private entities for the conduct of the
research.
``(b) Certain Forms of Research.--In carrying out subsection (a),
the Secretary shall provide for research on--
``(1) the manner in which the human immunodeficiency virus
is transmitted to women, including the relationship between
cases of infection with such virus and other cases of sexually
transmitted diseases, and clinical trials which examine the
question of the how the level of HIV infection can be prevented
by finding and treating sexually transmitted diseases in women;
``(2) measures for the prevention of exposure to and the
transmission of such virus, including research on--
``(A) the prevention of any sexually transmitted
disease that may facilitate the transmission of the
virus;
``(B) rapid, inexpensive, easy-to-use sexually
transmitted disease diagnostic tests for women;
``(C) inexpensive single dose therapy for treatable
sexually transmitted diseases;
``(D) the development of methods of prevention for
use by women; and
``(E) the development and dissemination of
prevention programs and materials whose purpose is to
reduce the incidence of substance abuse among women;
``(3) the development and progression of symptoms resulting
from infection with such virus, including research regarding
gynecological infections as well as breast changes, hormonal
changes, and menses and menopause changes, whose occurrence
becomes probable as a result of the deterioration of the immune
system;
``(4) the treatment of cases of such infection, including
clinical research; and
``(5) behavioral research on the prevention of such cases
and research on model educational programs for such prevention.
``(c) Clinical Trials.--
``(1) Gynecological evaluations.--In clinical trials under
this title in which women participate as subjects, the
Secretary shall ensure that--
``(A) each female subject who is infected with the
human immunodeficiency virus--
``(i) undergoes a gynecological examination
as part of the evaluation of the medical status
of the woman prior to participation in the
trial; and
``(ii) receives appropriate follow-up
services regarding such examination; and
``(B) the results of the gynecological examinations
are analyzed to determine the relationship between
gynecological conditions and the infection with such
virus.
``(2) Standard treatments for gynecological conditions.--
The Secretary shall conduct or support clinical trials under
subsection (a) to determine whether standard methods of
treating gynecological conditions are effective in the case of
such conditions that arise as a result of infection with the
human immunodeficiency virus.
``(3) Effectiveness of certain treatment protocols.--With
respect to cases of infection with the human immunodeficiency
virus, the Secretary shall conduct or support clinical trials
under subsection (a) to determine whether treatment protocols
approved for men with such cases are effective for women with
such cases.
``(4) Support services.--
``(A) In conducting or supporting clinical trials
under this title in which women participate as
subjects, the Secretary shall provide the women with
such transportation, child care, and other support
services (including medical and mental health services,
treatment for drug abuse, and social services),
including services addressing domestic violence as may
be necessary to enable the women to participate as such
subjects.
``(B) Services under subparagraph (A) shall include
services designed to respond to the particular needs of
women with respect to participation in clinical trials
under this title, including, as appropriate, training
of the individuals who conduct the trials.
``(d) Prevention Programs.--
``(1) Sexual transmission.--
``(A) With respect to preventing the sexual
transmission of the human immunodeficiency virus, the
Secretary shall conduct or support research under
subsection (a) on barrier methods for the prevention of
sexually transmitted diseases, including HIV disease,
that women can use without their sexual partner's
cooperation or knowledge.
``(B) In carrying out subparagraph (A), the
Secretary shall give priority to identified research
needs and opportunities identified at the National
Institutes of Health sponsored meeting on Development
of Topical Microbicides that was held in May of 1993,
including research on--
``(i) the early stages in infectious
processes;
``(ii) the identification, formulation and
preclinical evaluation of new preparations;
``(iii) clinical testing for safety and
efficacy; and
``(iv) studies concerning the acceptability
and compliance of safe, effective microbicides.
``(2) Epidemiological research.--The Secretary shall
conduct or support epidemiological research under subsection
(a) to determine the factors of risk regarding infection with
the human immunodeficiency virus that are particular to women,
including research regarding--
``(A) the use of various contraceptive methods;
``(B) the use of tampons;
``(C) the relationship between such infection and
other sexually transmitted diseases;
``(D) the relationship between such infection and
various forms of substance abuse (including use of the
form of cocaine commonly known as crack); and
``(E) the relationship between such infection and
sexual activity.
``(e) Interagency Study.--With respect to the study being carried
out by the Secretary (as of June 1993) through various agencies of the
Public Health Service for the purpose of monitoring the progression in
women of infection with the human immunodeficiency virus, and
determining whether such progression is different in women than in men,
which study is known as the Women's Interagency HIV Study, the
following applies:
``(1) The Secretary shall ensure that not less than 5,000
women with such infection are included in the study.
``(2) The Secretary shall provide for an increase in the
number of sites at which the study is to be conducted.
``(3) The Secretary shall ensure that the study period is
for a minimum of 8 years.
``(4) With respect to the human cells commonly known as CD4
cells, the Secretary shall ensure that the study adequately
addresses the relationship between the number of such cells and
other markers in women with such infection and the development
of serious illnesses in such women. For purposes of the
preceding sentence, the study shall address gynecological
conditions, and other conditions particular to women, that are
not currently included in the list of conditions arising from
such infection that, for surveillance purposes, is maintained
by the Director of the Centers for Disease Control and
Prevention.
``(f) Definition.--For purposes of this section, the term `human
immunodeficiency virus' means the etiologic agent for acquired immune
deficiency syndrome.
``(g) Authorizations of Appropriations.--
``(1) Clinical trials.--
``(A) For the purpose of carrying out subsection
(c)(1), there are authorized to be appropriated
$20,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1996.
``(B) For the purpose of carrying out subsection
(c)(2), there are authorized to be appropriated
$10,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1996.
``(C) For the purpose of carrying out subsection
(c)(3), there are authorized to be appropriated
$10,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1996.
``(D) For the purpose of carrying out subsection
(c)(4), there are authorized to be appropriated
$15,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 and
1996.
``(2) Prevention programs.--
``(A) For the purpose of carrying out subsection
(d)(1), there are authorized to be appropriated
$30,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1996.
``(B) For the purpose of carrying out subsection
(d)(2), there are authorized to be appropriated
$10,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1996.
``(3) Interagency study.--For the purpose of carrying out
subsection (e), there are authorized to be appropriated
$15,000,000 for fiscal year 1994, and such sums as may be
necessary for each of the fiscal years 1995 through 1996.''. | Women and AIDS Research Initiative Amendments of 1993 - Amends the Public Health Service Act to establish a program to conduct or support biomedical and behavioral research on cases of infection with the human immunodeficiency virus (HIV) in women. Regulates clinical trials with women subjects. Mandates the conduct or support of: (1) clinical trials regarding the effectiveness of standard gynecological treatments in treating conditions arising from HIV infection; (2) clinical trials regarding whether the treatment protocols approved for men with HIV infection are effective for women with HIV infection; (3) research on barrier methods for the prevention of sexually transmitted diseases that women can use without their sexual partner's cooperation or knowledge; and (4) epidemiological research to determine HIV risk factors particular to women. Mandates support services for women in clinical trials. Regulates the Women's Interagency HIV Study. Authorizes appropriations. | {"src": "billsum_train", "title": "Women and AIDS Research Initiative Amendments of 1993"} | 2,045 | 192 | 0.608993 | 1.548846 | 0.986445 | 3.191617 | 11.616766 | 0.928144 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Environmental Self-
Evaluation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) enhanced and efficient protection of public health and
welfare under Federal environmental laws depends principally on
voluntary compliance by the general public, rather than
enforcement;
(2) both a limited privilege from disclosure and a limited
expansion of the protection of members of the general public
who voluntarily disclose information as a result of a voluntary
environmental self-evaluation is necessary to encourage
voluntary compliance with Federal environmental laws and to
protect public health and welfare; and
(3) the protection referred to in paragraph (2) will not
inhibit the carrying out of regulatory authority that is
mandatory under Federal environmental laws by officials who are
entrusted with the duty of protecting the environment of the
United States.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Entity.--The term ``entity'' means a unit of State or
local government.
(3) Federal agency.--The term ``Federal agency'' has the
meaning provided the term ``agency'' under section 551 of title
5, United States Code.
(4) Federal environmental law.--The term ``Federal
environmental law''--
(A) means--
(i) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(ii) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iv) title XIV of the Public Health Service
Act (commonly known as the ``Safe Drinking
Water Act'') (42 U.S.C. 300f et seq.);
(v) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(vi) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(vii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(viii) the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.);
(ix) the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.);
(x) the Noise Control Act of 1982 (42
U.S.C. 4901 et seq.); and
(xi) the Pollution Prevention Act of 1990
(42 U.S.C. 13101 et seq.);
(B) includes any regulation issued under a law
listed in subparagraph (A); and
(C) includes the terms and conditions of any permit
issued under a law listed in subparagraph (A).
(5) Voluntary disclosure.--The term ``voluntary
disclosure'' means the disclosure of information related to a
voluntary environmental self-evaluation with respect to which
the protections provided under this Act apply.
(6) Voluntary environmental self-evaluation.--The term
``voluntary environmental self-evaluation'' means an
assessment, audit, investigation or review that is--
(A) initiated by a person or entity;
(B) carried out by the person or entity, or a
consultant employed by the person or entity, for the
express purpose of carrying out the assessment, audit,
or review; and
(C) carried out to determine whether the person or
entity is in compliance with Federal environmental laws
(including any permit issued under a Federal
environmental law).
SEC. 4. ADMISSIBILITY OF REPORTS, FINDINGS, OPINIONS, OR OTHER
COMMUNICATIONS.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, a report, finding, opinion, or other
communication of a person or entity related to, and essentially
constituting a part of, a voluntary environmental self-evaluation that
is made in good faith shall not be admissible evidence in any legal
action or administrative procedure under Federal law and shall not be
subject to any discovery procedure under Federal law, unless--
(1) the person or entity that initiated the self-evaluation
expressly waives the right of the person or entity to exclude
from the evidence or procedure material subject to this
section; or
(2) after an in camera hearing, the appropriate Federal
court determines that--
(A)(i) the report, finding, opinion, or other
communication indicates noncompliance with a Federal
environmental law; and
(ii) the person or entity failed to initiate
efforts to achieve compliance with the law within a
period of time that is reasonable and that is adequate
to achieve compliance (including submitting an
appropriate permit application);
(B) compelling circumstances--
(i) make it necessary to admit the
environmental audit report, finding, opinion,
or other communication into evidence; or
(ii) necessitate that the environmental
audit report, finding, opinion, or other
communication be subject to discovery
procedures;
(C) the person or entity is asserting the
applicability of the exclusion under this subsection
for a fraudulent purpose; or
(D) the environmental audit report, finding,
opinion, or other communication was prepared for the
purpose of avoiding disclosure of information required
for an investigative, administrative, or judicial
proceeding that, at the time of preparation, was
imminent or in progress.
(b) Exclusions.--Subsection (a) shall not apply to--
(1) a document or other information required to be
developed, maintained, or reported pursuant to a Federal
environmental law;
(2) a document or other information required to be
available to a Federal agency or a State agency designated to
carry out a regulatory activity pursuant to a Federal
environmental law;
(3) information obtained by a Federal agency or State
agency referred to in paragraph (2) through observation,
sampling, or monitoring; or
(4) information obtained by a Federal agency or State
agency referred to in paragraph (2) through an independent
source.
SEC. 5. TESTIMONY.
Notwithstanding any other provision of law, a person or entity,
including any officer or employee of the person or entity, that
performs a voluntary environmental self-evaluation may not be required
to give testimony in a Federal court or an administrative proceeding of
a Federal agency without the consent of the person or entity concerning
the voluntary environmental self-evaluation, including an environmental
audit report, finding, opinion, or other communication with respect to
which section 3(a) applies.
SEC. 6. DISCLOSURES.
(a) In General.--The disclosure of information relating to a
Federal environmental law to the appropriate official of a Federal or
State agency responsible for administering a Federal environmental law
shall be considered to be a voluntary disclosure if--
(1) the disclosure of information arises out of a voluntary
environmental self-evaluation;
(2) the person or entity that initiates the self-
evaluation--
(A) ensures that the disclosure is made promptly
after receiving knowledge of the information referred
to in paragraph (1); and
(B) initiates an action to address the issues
identified in the disclosure--
(i) within a reasonable period of time
after receiving knowledge of the information;
and
(ii) within a period of time that is
adequate to achieve compliance with the
requirements of the Federal environmental law
that is the subject of the action (including
submitting an application for an applicable
permit); and
(3) the person or entity that makes the disclosure provides
any further relevant information requested, as a result of the
disclosure, by the appropriate official of the Federal or State
agency responsible for administering the Federal environmental
law.
(b) Involuntary Disclosures.--For the purposes of this Act, a
disclosure of information to an appropriate official of a Federal or
State agency responsible for administering a Federal environmental law
shall not be considered to be a voluntary disclosure if the person or
government entity making the disclosure has been found by a Federal or
State court to have committed a pattern of significant violations of
Federal or State laws, or orders on consent, related to environmental
quality, due to separate and distinct events giving rise to the
violations, during the 3-year period prior to the date of disclosure.
(c) Presumption of Applicability.--If a person or entity makes a
disclosure other than a disclosure referred to in subsection (b) of a
violation of a Federal environmental law to an appropriate official of
a Federal or State agency responsible for administering the Federal
environmental law--
(1) there shall be a presumption that the disclosure is a
voluntary disclosure, if the person or entity provides
information supporting a claim that the information is a
voluntary disclosure at the time the person or entity makes the
disclosure; and
(2) until such time as the presumption is rebutted, the
person or entity shall be immune from any administrative,
civil, or criminal penalty for the violation.
(d) Rebuttal of Presumption.--
(1) In general.--The head of a Federal or State agency
described in subsection (c) shall have the burden of rebutting
a presumption established under such subsection. If the head of
the Federal or State agency fails to rebut the presumption
pursuant to this subsection--
(A) the head of the Federal or State agency may not
assess an administrative penalty against a person or
entity described in subsection (c) with respect to the
violation by the person or entity and may not issue a
cease and desist order for the violation; and
(B) no Federal or State court may assess a civil
penalty or criminal negligence penalty against the
person or entity for the violation.
(2) Rebuttal.--In order to rebut a presumption referred to
in subsection (c), the appropriate official of a Federal or
State agency responsible for administering the Federal
environmental law that is the subject of a violation referred
to in such subsection shall be required to demonstrate, on the
basis of the factors described in subsection (a), and to the
satisfaction of the head of the Federal or State agency, that
the disclosure is not a voluntary disclosure. If the disclosure
is made directly to the head of the Federal or State agency,
the head of the Federal or State agency shall apply the factors
described in subsection (a) in rebutting the presumption. A
decision made by the head of the Federal agency under this
paragraph shall constitute a final agency action.
(e) Statutory Construction.--Except as expressly provided in this
section, nothing in this section is intended to affect the authority of
a Federal or State agency responsible for administering a Federal
environmental law to carry out any requirement of the law associated
with information disclosed in a voluntary disclosure. | Voluntary Environmental Self-Evaluation Act - Provides that a report, finding, or other communication of a person or entity relating to, and constituting part of, a voluntary environmental self-evaluation shall not be admissible evidence in a legal action or administrative procedure under Federal law and shall not be subject to discovery procedure unless: (1) the person or entity that initiated the self-evaluation waives his or her right to exclude from the evidence or procedure material subject to this Act; or (2) the Federal court, after an in camera hearing, determines that such communication indicates noncompliance with a Federal law and the person or entity failed to initiate efforts to achieve compliance, compelling circumstances necessitate that such communication be brought into evidence or made subject to discovery, the person or entity is asserting the exclusion for a fraudulent purpose, or such communication was prepared for purposes of avoiding disclosure of information required for an investigative, administrative, or judicial proceeding that was imminent or in progress.
Makes such exclusion inapplicable to information: (1) required to be developed, maintained, or reported pursuant to a Federal environmental law; (2) required to be available to a Federal or State agency designated to carry out a regulatory activity pursuant to such laws; or (3) obtained by such an agency through observation, sampling, or monitoring or through an independent source.
States that a person or entity that performs a voluntary environmental self-evaluation may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent.
Sets forth conditions under which disclosures of information relating to a Federal environmental law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed a pattern of violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations until such presumption is rebutted.
Places the burden of rebuttal on State or Federal agencies. | {"src": "billsum_train", "title": "Voluntary Environmental Self-Evaluation Act"} | 2,431 | 499 | 0.443106 | 1.447732 | 0.703513 | 4.672018 | 5.08945 | 0.947248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next STEP Act of 2013''.
SEC. 2. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `eligible small business concern' means a
small business concern that--
``(A) has been in business for not less than the 1-
year period ending on the date on which assistance is
provided using a grant under this section;
``(B) is operating profitably, based on operations
in the United States;
``(C) has demonstrated understanding of the costs
associated with exporting and doing business with
foreign purchasers, including the costs of freight
forwarding, customs brokers, packing and shipping, as
determined by the Associate Administrator; and
``(D) has in effect a strategic plan for exporting;
``(2) the term `program' means the State Trade and Export
Promotion Grant Program established under subsection (b);
``(3) the term `small business concern owned and controlled
by women' has the meaning given that term in section 3;
``(4) the term `socially and economically disadvantaged
small business concern' has the meaning given that term in
section 8(a)(4)(A); and
``(5) the term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa.
``(b) Establishment of Program.--The Associate Administrator for
International Trade appointed under section 22(a)(2) (hereinafter in
this section referred to as the `Associate Administrator') shall
establish a trade and export promotion program to be known as the State
Trade and Export Promotion Grant Program, to make grants to States to
carry out export programs that assist eligible small business concerns
in--
``(1) participation in a foreign trade mission;
``(2) a foreign market sales trip;
``(3) a subscription to services provided by the Department
of Commerce;
``(4) the payment of Web site translation fees;
``(5) the design of international marketing media;
``(6) a trade show exhibition;
``(7) participation in training workshops; or
``(8) any other export initiative determined appropriate by
the Associate Administrator.
``(c) Grants.--
``(1) Joint review.--In carrying out the program, the
Associate Administrator may make a grant to a State to increase
the number of eligible small business concerns in the State
that export or to increase the value of the exports by eligible
small business concerns in the State.
``(2) Priority.--In making grants under this section, the
Associate Administrator may give priority to an application by
a State that proposes a program that--
``(A) focuses on eligible small business concerns
as part of an export promotion program;
``(B) demonstrates success in promoting exports
by--
``(i) socially and economically
disadvantaged small business concerns;
``(ii) small business concerns owned or
controlled by women; and
``(iii) rural small business concerns;
``(C) promotes exports from a State that is not 1
of the 10 States with the highest percentage of
exporters that are small business concerns, based upon
the latest data available from the Department of
Commerce; and
``(D) promotes new-to-market export opportunities
to the People's Republic of China for eligible small
business concerns in the United States.
``(3) Limitations.--
``(A) Single application.--A State may not submit
more than 1 application for a grant under the program
in any 1 fiscal year.
``(B) Proportion of amounts.--The total value of
grants under the program made during a fiscal year to
the 10 States with the highest number of exporters that
are small business concerns, based upon the latest data
available from the Department of Commerce, shall be not
more than 40 percent of the amounts appropriated for
the program for that fiscal year.
``(4) Application.--A State desiring a grant under the
program shall submit an application at such time, in such
manner, and accompanied by such information as the Associate
Administrator may establish.
``(d) Competitive Basis.--The Associate Administrator shall award
grants under the program on a competitive basis.
``(e) Federal Share.--The Federal share of the cost of an export
program carried out using a grant under the program shall be--
``(1) for a State that has a high export volume, as
determined by the Associate Administrator, not more than 65
percent; and
``(2) for a State that does not have a high export volume,
as determined by the Associate Administrator, not more than 75
percent.
``(f) Non-Federal Share.--The non-Federal share of the cost of an
export program carried using a grant under the program shall be
comprised of not less than 50 percent cash and not more than 50 percent
of indirect costs and in-kind contributions, except that no such costs
or contributions may be derived from funds from any other Federal
program.
``(g) Annual Reports.--The Associate Administrator shall submit an
annual report to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House of
Representatives regarding the program, which shall include--
``(1) the number and amount of grants made under the
program during the preceding year;
``(2) a list of the States receiving a grant under the
program during the preceding year, including the activities
being performed with that grant; and
``(3) the effect of each grant on exports by eligible small
business concerns in the State receiving the grant.
``(h) Public Web Site.--The Associate Administrator shall establish
and maintain, on a publicly accessible Internet Web site of the
Administration--
``(1) a list of each grant awarded under the program, the
amount of the grant, and the identity of the grantee State; and
``(2) grant management guidance for recipients including
required forms, no-cost extension and carryover information,
and a schedule for reimbursements to recipients.
``(i) Enhanced Reporting Requirements.--The Associate Administrator
shall--
``(1) document and maintain all analyses, evaluations, and
rationales used to award grants under this section;
``(2) ensure that the goals of recipients of those grants
are consistent with the purposes of this section and hold them
accountable for adhering to reporting requirements established
under this section;
``(3) perform reviews of quarterly reports submitted by
grant recipients under this section; and
``(4) in cases where grant recipients do not proposed
performance goals, require grant recipients to provide the
Associate Administrator with revised work plans and budget
estimates to meet those goals.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for each of the fiscal years such sums as may be necessary to
carry out this Act and the amendments made by this Act.
``(2) Other amounts.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall be in
addition to the amounts otherwise available to carry out this
Act and the amendments made by this Act.
``(3) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) are authorized
to remain available until expended.''.
SEC. 3. REPEAL OF PILOT PROGRAM.
Section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b
note) is hereby repealed. | Next STEP Act of 2013 - Amends the Small Business Act to provide for the permanent establishment of the three-year pilot State Trade and Export Promotion Grant Program originally established under the Small Business Jobs Act of 2010. Requires the Associate Administrator for International Trade within the Small Business Administration (SBA) to establish and maintain a public website of information concerning the Program. Sets forth expanded reporting requirements. | {"src": "billsum_train", "title": "Next STEP Act of 2013"} | 1,747 | 85 | 0.485524 | 1.163845 | 1.039151 | 2.684211 | 22.065789 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Reform Act of
1995''.
SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 5, United States Code.
SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Deductions and Deposits.--
(1) Deductions.--The first sentence of section 8334(a)(1)
is amended to read as follows: ``The employing agency shall
deduct and withhold 7 percent of the basic pay of an employee
and a Member, 7\1/2\ percent of the basic pay of a law
enforcement officer and a firefighter, and 8 percent of the
basic pay of a Claims Court judge, a United States magistrate,
a judge of the United States Court of Appeals for the Armed
Forces, and a bankruptcy judge.''.
(2) Deposits.--
(A) For member service.--Section 8334(c) is amended
in the matter relating to a Member for Member service
by striking
``8......... After December 31, 1969.''
and inserting the following:
``8......... January 1, 1970, to (but not
including) the effective date of
the Congressional Pension Reform
Act of 1995.
``7......... On and after the effective date of
the Congressional Pension Reform
Act of 1995.''.
(B) For congressional employee service.--Section
8334(c) is amended in the matter relating to a Member
or employee for Congressional employee service by
striking
``7\1/2\.... After December 31, 1969.''
and inserting the following:
``7\1/2\.... January 1, 1970, to (but not
including) the effective date of
the Congressional Pension Reform
Act of 1995.
``7......... On and after the effective date of
the Congressional Pension Reform
Act of 1995.''.
(b) Immediate Retirement.--
(1) At age 55 with 30 years of service, age 60 with 20
years of service, or age 62 with 5 years of service.--
Subsections (a), (b), and (f) of section 8336 are amended by
inserting ``or Member'' after ``employee''.
(2) At age 50 with 20 years of service or any age with 25
years of service.--Section 8336(g) is amended to read as
follows:
``(g) A Member who is separated from the service, except by
resignation or expulsion--
``(1) after completing 25 years of service, or
``(2) after becoming 50 years of age and completing 20
years of service,
is entitled to an annuity.''.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to any annuity eligibility for which
is based on a separation occurring on or after the effective
date of this Act.
(4) Savings provision.--
(A) In general.--Eligibility for an immediate
annuity under section 8336 of title 5, United States
Code, shall, in the case of an individual described in
subparagraph (B), be determined in accordance with the
provisions of such section, as they would read if
paragraphs (1) and (2) of this subsection had not been
enacted.
(B) Description.--This paragraph applies with
respect to any individual who--
(i) performs service as a Member of
Congress on or after the effective date of this
Act; and
(ii) as of the day before the effective
date of this Act, satisfies the age and service
requirements for title to an immediate annuity
under section 8336(g) of such title, as then in
effect.
(C) Length of service.--Any determination under
subparagraph (B) relating to length of service shall be
made without regard to--
(i) any deposit or redeposit requirement;
(ii) any requirement that the individual
become subject to this subchapter after
performing the service involved (including for
a specified minimum period of time); or
(iii) any requirement that the individual
give notice in writing to the official by whom
such individual is paid of such individual's
desire to become subject to this subchapter.
(c) Deferred Retirement.--
(1) At age 62 with 5 years of service.--Section 8338(a) is
amended by inserting ``or Member'' after ``employee''.
(2) Repealer.--Section 8338(b) is repealed.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to any annuity eligibility for which
is based on a separation occurring on or after the effective
date of this Act.
(4) Savings provision.--
(A) In general.--Eligibility for a deferred annuity
under section 8338 of title 5, United States Code,
shall, in the case of an individual described in
subparagraph (B), be determined in accordance with the
provisions of such section, as they would read if
paragraphs (1) and (2) of this subsection had not been
enacted.
(B) Description.--This paragraph applies with
respect to any individual who--
(i) performs service as a Member of
Congress on or after the effective date of this
Act; and
(ii) as of the day before the effective
date of this Act, satisfies the age and service
requirements for title to a deferred annuity
under section 8338(b) of such title, as then in
effect.
(C) Length of service.--Any determination under
subparagraph (B) relating to length of service shall be
made without regard to--
(i) any deposit or redeposit requirement;
(ii) any requirement that the individual
become subject to this subchapter after
performing the service involved (including for
a specified minimum period of time); or
(iii) any requirement that the individual
give notice in writing to the official by whom
such individual is paid of such individual's
desire to become subject to this subchapter.
(d) Computation of Annuity.--
(1) Members.--
(A) In general.--Section 8339(c) is amended by
striking all that follows ``with respect to--'' and
inserting the following:
``(1) so much of his service as a Member as is or was
performed before the effective date of the Congressional
Pension Reform Act of 1995;
``(2) so much of his military service as--
``(A) is creditable for the purpose of this
paragraph; and
``(B) is or was performed before the date referred
to in paragraph (1); and
``(3) so much of his Congressional employee service as is
or was performed before the date referred to in paragraph (1);
by multiplying 2\1/2\ percent of his average pay by the years of that
service.''.
(B) Technical amendment.--Section 8332(d) is
amended by striking ``section 8339(c)(1)'' and
inserting ``section 8339(c)''.
(2) Congressional employees.--Section 8339(b) is amended--
(A) by inserting ``so much of'' after ``is computed
with respect to''; and
(B) by inserting ``as is or was performed before
the effective date of the Congressional Pension Reform
Act of 1995,'' before ``by multiplying''.
(3) Reduction for retirement before a certain age.--
(A) In general.--Section 8339(h) is amended--
(i) by striking the second sentence; and
(ii) in the first sentence by striking
``subsections (a), (b), (d)(5), and (f) of this
section for an employee retiring under section
8336(d), (h), or (j) of this title'' and
inserting ``subsections (a), (b), (c), (d)(5),
and (f) of this section for an employee
retiring under section 8336(d), (h), or (j) of
this title, or for a Member retiring under
section 8336(g) of this title,''.
(B) Applicability.--The amendments made by
subparagraph (A) shall apply with respect to the
computation of any benefits eligibility for which is
based on a separation occurring on or after the
effective date of this Act.
(e) Annuity for the Surviving Spouse of a Former Member With Title
to a Deferred Annuity.--
(1) In general.--Section 8341(f) is repealed.
(2) Savings provision.--Nothing in paragraph (1) shall
affect any person's eligibility for a survivor annuity based on
the death of an individual whose separation from service with
title to a deferred annuity occurs or occurred before the
effective date of this Act.
(f) Annuities and Pay on Reemployment.--
(1) In general.--Section 8344 is amended--
(A) by repealing subsection (d);
(B) in subsection (a)--
(i) by inserting ``or'' at the end of
paragraph (2), by striking ``or'' at the end of
paragraph (3), and by striking paragraph (4);
and
(ii) in subparagraph (A) by striking ``(if
the employee so elects),'' and inserting ``(if
the annuitant so elects),'' and by inserting
``(c),'' after ``(b),'';
(C) in subsections (b), (c), and (f) by striking
``, other than a Member receiving an annuity from the
Fund,''; and
(D) in subsection (b) by adding at the end the
following: ``The Office shall prescribe regulations for
applying this subsection with respect to a Member.''.
(2) Savings provisions.--
(A) In general.--Section 8344(d) of title 5, United
States Code, as last in effect before the effective
date of this Act, shall continue to apply after such
effective date with respect to any former Member of
Congress serving in an appointive or elective position
as of such date.
(B) Termination.--Subparagraph (A) shall not apply
with respect to any position to which such former
Member is appointed or elected after the effective date
of this Act.
(g) Eligibility for annuity.--
(1) In general.--Section 8333(c) is repealed.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to any determination of eligibility
for an annuity based on a separation occurring on or after the
effective date of this Act.
SEC. 4. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) Election Not To Participate.--
(1) In general.--Section 8401(20) is amended by striking
``2106,'' and all that follows through the semicolon and
inserting ``2106;''.
(2) Savings provision.--The amendment made by paragraph (1)
shall not affect any election made before the effective date of
this Act.
(b) Computation of Basic Annuity.--
(1) Members.--Section 8415(b) is amended by striking
``shall'' and inserting ``shall, to the extent that such
service is or was performed before the effective date of the
Congressional Pension Reform Act of 1995,''.
(2) Congressional employees.--Section 8415(c) is amended by
striking ``shall'' and inserting ``shall, to the extent that
such service is or was performed before the effective date of
the Congressional Pension Reform Act of 1995,''.
(3) Provisions relating to the 1.1 percent accrual rate.--
Section 8339(g) is amended--
(A) in paragraph (1) by striking ``an employee
under paragraph (2),'' and inserting ``an employee or
Member under paragraph (2),'';
(B) in paragraph (2) by inserting ``or Member''
after ``in the case of an employee'' and by striking
``Congressional employee,''; and
(C) by adding at the end the following:
``(3) Notwithstanding any other provision of this subsection--
``(A) this subsection shall not apply in the case of a
Member or Congressional employee whose separation (on which
entitlement to annuity is based) occurs before the effective
date of the Congressional Pension Reform Act of 1995; and
``(B) in the case of a Member or Congressional employee to
whom this subsection applies, the 1.1 percent accrual rate
shall apply only with respect to any period of service other
than a period with respect to which the 1.7 percent accrual
rate applies under subsection (b) or (c).''.
(c) Deductions From Pay.--Section 8422(a)(2) is amended--
(1) in subparagraph (A) by striking ``air traffic
controller, or Congressional employee)'' and inserting ``or air
traffic controller) or Member,''; and
(2) in subparagraph (B) by striking ``a Member, law
enforcement officer, firefighter, air traffic controller, or
Congressional employee,'' and inserting ``a law enforcement
officer, firefighter, or air traffic controller,''.
(d) Government Contributions.--Section 8423(a)(1) is amended--
(1) in subparagraph (A)(i) by striking ``subparagraph
(B)),'' and inserting ``subparagraph (B)) and Members,'';
(2) in subparagraph (B)(i) by striking ``Members,
Congressional employees,''; and
(3) in subparagraph (B)(ii) by striking ``and Members''.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the first day of the first Congress
beginning after the date of the enactment of this Act. | Congressional Pension Reform Act of 1995 - Provides for the deduction and withholding of seven percent (currently, eight and seven and one-half percent, respectively) of the basic pay of a Member of Congress or congressional employee under the Civil Service Retirement System, thus making such deduction and withholding equivalent to that of a Federal employee.
Makes provisions regarding immediate retirement, entitlement to annuities, and deferred retirement for Federal employees applicable to Members. Removes specified provisions regarding annuities, reduced annuities, and deferred retirement for Members. Removes a provision that entitles a Member to an annuity if he or she serves in nine Congresses. Continues the applicability of existing provisions regarding immediate Member annuities and deferred retirement with respect to Members serving on or after this Act's effective date who, as of the day before such effective date, satisfy the existing age and service requirements for entitlement to immediate annuities or deferred retirement.
Revises the formula for computing annuities of Members and congressional employees with at least five years of service to restrict creditable service to service performed before this Act's enactment date. Makes similar amendments with respect to the computation of Federal Employees' Retirement System (FERS) annuities for Members and congressional employees.
Makes the reduction in annuity for Federal employees retiring before age 55 applicable to Members as well. Repeals provisions that provide for a different reduction formula for Members.
Repeals provisions concerning: (1) annuities for surviving spouses of Members entitled to deferred annuities; (2) the treatment of annuities during periods of reemployment; and (3) eligibility for annuities of Members or survivors.
Makes deductions and withholding and the formula for Government contributions under FERS for Members and congressional employees conform to those of Federal employees. | {"src": "billsum_train", "title": "Congressional Pension Reform Act of 1995"} | 3,256 | 402 | 0.502378 | 1.576285 | 0.769277 | 1.477477 | 8.537538 | 0.798799 |
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 on December 19, 1979, in satisfaction of an
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) All funds distributed under this Act are subject to the
provisions of section 7 of Public Law 93-134 (25 U.S.C. 1407).
(7) All 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 under
section 3(1).
(8) 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
under section 3(1), 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.
(9) Receipt of a share of the judgment funds under this
section shall not be construed as a waiver of any existing
treaty rights pursuant to the ``1863 Treaty of Ruby Valley''
inclusive of all articles I through VIII and shall not prevent
any Western Shoshone Tribe or Band or individual Shoshone
Indian from pursuing other rights guaranteed by law.
SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3.
The funds appropriated on March 23, 1992, and August 21, 1995, in
satisfaction of the awards granted to the Western Shoshone Indians in
Docket Numbers 326-A-1 and 326-A-2 before the United States Court of
Claims, and the funds referred to under 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 amount described in the matter preceding this
paragraph.
(B) The principal amount in the Trust Fund shall not be
expended or disbursed. Other amounts in 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) All accumulated and future interest and income from the
Trust Fund shall be distributed as educational and other
grants, and as other forms of assistance determined
appropriate, to individual Western Shoshone members as required
under this Act and to pay the reasonable and necessary expenses
of the Administrative Committee established under paragraph (2)
(as defined in the written rules and procedures of such
Committee). Funds under this paragraph shall not be distributed
on a per capita basis.
(2)(A) An Administrative Committee to oversee the
distribution of the education grants authorized under paragraph
(1) 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 Business Council of the
Duck Valley Reservation, Fallon Band of Western
Shoshone.
(vi) 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 under paragraph
(1) are utilized in a manner consistent with the terms of this
Act. In accordance with paragraph (1)(C), 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 for 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, scholarship fund eligibility criteria (such
criteria to be consistent with this Act), application selection
procedures, appeals 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, not to exceed $100,000, under this Act 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 scholarship fund disbursements 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 scholarship funds during such fiscal year.
The financial statement and the list shall be distributed to
each organization referred to in this section and copies shall
be made available to the Western Shoshone members upon request.
SEC. 4. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Trust fund.--The term ``Trust Fund'' means the Western
Shoshone Educational Trust Fund established under section 3(1).
(3) 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;
(B) fulfills all application requirements
established by the Administrative Committee; and
(C) agrees to utilize tile funds in a manner
approved by the Administrative Committee for
educational or vocational training purposes.
SEC. 5. REGULATIONS.
The Secretary shall prescribe the enrollment regulations necessary
to carry out this Act. | Requires that such funds and specified funds appropriated in satisfaction of the awards granted to such Indians in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Claims be credited to and distributed from a Western Shoshone Educational Trust Fund to be established by the Secretary for educational and other grants and other forms of assistance to individual Western Shoshone members and to pay reasonable and necessary expenses of an Administrative Committee established by this Act to oversee the distribution of such education grants. | {"src": "billsum_train", "title": "Western Shoshone Claims Distribution Act"} | 2,101 | 115 | 0.557049 | 1.742029 | 0.56365 | 2.855556 | 21.966667 | 0.966667 |
SECTION 1. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON
CERTAIN FEDERAL LAND.
(a) Short Title.--This section may be cited as the ``National
Security and Federal Lands Protection Act''.
(b) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not
impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on Federal land located within 100 miles of an international
land border that is under the jurisdiction of the Secretary of the
Interior or the Secretary of Agriculture, to execute search and rescue
operations and to prevent all unlawful entries into the United States,
including entries by terrorists, other unlawful aliens, instruments of
terrorism, narcotics, and other contraband through the international
land borders of the United States.
(c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to
Federal land within 100 miles of the international land border under
the jurisdiction of the Secretary of the Interior or the Secretary of
Agriculture for purposes of conducting the following activities on such
land that prevent all unlawful entries into the United States,
including entries by terrorists, other unlawful aliens, instruments of
terrorism, narcotics, and other contraband through the international
land borders of the United States:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of barriers.
(3) Use of vehicles to patrol, apprehend, or rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(d) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain sections of
the international border between the United States and Mexico
and between the United States and Canada shall be considered to
apply to all Federal land under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture
within 100 miles of the international land borders of the
United States for the activities of U.S. Customs and Border
Protection described in subsection (c).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131
et seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National Historic Preservation Act
(16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et
seq.), the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of
1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), subchapter II of
chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
National Park Service Organic Act (16 U.S.C. 1 et seq.), the
General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C.
1a-1 et seq.), sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat.
3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628).
(e) Protection of Legal Uses.--This section shall not be construed
to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or public-use recreational and backcountry
airstrips on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(f) Effect on State and Private Land.--This Act shall--
(1) have no force or effect on State or private lands; and
(2) not provide authority on or access to State or private
lands.
(g) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes treaties or other agreements between
the United States and Indian tribes. | National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting U.S. Customs and Border Protection (CBP) activities on federal land under their respective jurisdictions, located within 100 miles of an international land border, to: (1) execute search and rescue operations, and (2) prevent all unlawful entries into the United States through the international land borders of the United States. Grants CBP access to such lands to conduct the following activities: (1) road and barrier construction and maintenance; (2) use of patrol vehicles; (3) installation, maintenance, and operation of surveillance equipment and sensors; and (4) deployment of temporary tactical infrastructure. Provides that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to CBP activities under this Act. States that this Act shall not be construed to restrict legal use (grazing, hunting, mining, or public-use recreational and backcountry airstrips) on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. States that: (1) this Act shall have no effect on state or private lands, and shall not provide authority on or access to state or private lands; and (2) nothing in this Act supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes. | {"src": "billsum_train", "title": "To prohibit the Secretaries of the Interior and Agriculture from taking action on Federal lands that impede border security on such lands, and for other purposes."} | 1,166 | 347 | 0.689205 | 2.148259 | 0.792736 | 5.049231 | 3.052308 | 0.926154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biogas Production Incentive Act of
2009''.
SEC. 2. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN RENEWABLE
FEEDSTOCKS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 45Q the following new section:
``SEC. 45R. BIOGAS PRODUCED FROM CERTAIN RENEWABLE FEEDSTOCKS.
``(a) General Rule.--For purposes of section 38, the qualified
biogas production credit for any taxable year is an amount equal to the
product of--
``(1) $4.27, and
``(2) each million British thermal unit (mmBtu) of biogas--
``(A) produced by the taxpayer--
``(i) from qualified energy feedstock, and
``(ii) at a qualified facility during the
10-year period beginning on the date the
facility was originally placed in service, and
``(B) either--
``(i) sold by the taxpayer to an unrelated
person during the taxable year, or
``(ii) used by the taxpayer during the
taxable year.
``(b) Definitions.--
``(1) Biogas.--The term `biogas' means a gas that--
``(A) is derived by processing qualified energy
feedstock, and
``(B) contains at least 50 percent methane.
``(2) Qualified energy feedstock.--
``(A) In general.--The term `qualified energy
feedstock' means--
``(i) manure of agricultural livestock,
including litter, wood shavings, straw, rice
hulls, bedding material, and other materials
incidentally collected with the manure,
``(ii) any nonhazardous, cellulosic, or
other organic agricultural or food industry by-
product or waste material that is derived
from--
``(I) renewable biomass,
``(II) harvesting residues,
``(III) wastes or byproducts from
fermentation processes, ethanol
production, biodiesel production,
slaughter of agricultural livestock,
food production, food processing, or
food service, or
``(IV) other organic wastes,
byproducts, or sources,
``(iii) solid wood waste materials,
including waste pallets, crates, dunnage,
manufacturing and construction wood wastes, and
landscape or right-of-way tree trimmings, or
``(iv) landfill waste, sewage waste
treatment materials, or other organic
materials.
``(B) Renewable biomass.--The term `renewable
biomass' means--
``(i) materials from pre-commercial
thinning or invasive species from National
Forest System land and public lands (as defined
in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) that--
``(I) are byproducts of preventive
treatments that are removed to reduce
or contain disease or insect
infestation to restore ecosystem
health,
``(II) would not otherwise be used
for higher-value products, and
``(III) are harvested in accordance
with applicable law and land management
plans and the requirements for old-
growth maintenance, restoration, and
management direction of paragraphs (2),
(3), and (4) of subsection (e) of
section 102 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6512) and large tree retention of
subsection (f) of that section, or
``(ii) any organic matter that is available
on a renewable or recurring basis from non-
Federal land or land belonging to an Indian or
Indian tribe that is held in trust by the
United States or subject to a restriction
against alienation imposed by the United
States, including--
``(I) renewable plant material
(such as feed grains, other
agricultural commodities, other plants
and trees, and algae), and
``(II) waste material (such as crop
residue, other vegetative waste
material (including wood waste and wood
residues), animal waste and byproducts
(including fats, oils, greases, and
manure), food waste, and yard waste).
``(C) Agricultural livestock.--The term
`agricultural livestock' means poultry, cattle, sheep,
swine, goats, horses, mules, and other equines.
``(3) Qualified facility.--The term `qualified facility'
means a facility that--
``(A) uses anaerobic digesters, gasification, or
other biological, chemical, or thermal processes to
convert qualified energy feedstock into biogas,
``(B) is owned by the taxpayer,
``(C) is located in the United States,
``(D) is originally placed in service before
January 1, 2017, and
``(E) the biogas output of which is--
``(i) marketed through interconnection with
a gas distribution or transmission pipeline, or
``(ii) reasonably expected to be used in a
quantity sufficient to offset the consumption
of 5,000 mmBtu annually of commercially
marketed fuel derived from coal, crude oil,
natural gas, propane, or other fossil fuels.
``(c) Special Rules.--For purposes of this section--
``(1) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the qualified
facility shall be allocated among such persons in proportion to
their respective ownership interests in the gross sales from
such qualified facility.
``(2) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section 52(b).
In the case of a corporation which is a member of an affiliated
group of corporations filing a consolidated return, such
corporation shall be treated as selling biogas to an unrelated
person if such biogas is sold to such a person by another
member of such group.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Coordination with credit from producing fuel from a
nonconventional source.--The amount of biogas produced and sold
or used by the taxpayer during any taxable year which is taken
into account under this section shall be reduced by the amount
of biogas produced and sold by the taxpayer in such taxable
year which is taken into account under section 45K.
``(5) Credit eligibility in the case of government-owned
facilities.--In the case of any facility which produce biogas
and which is owned by a governmental unit, subparagraph (B) of
subsection (b)(3) shall be applied by substituting `is leased
or operated by the taxpayer' for `is owned by the taxpayer'.
``(d) Special Rule for Public-Private Partnerships.--
``(1) In general.--In the case of facility which is owned
by a public-private partnership, any qualified public entity
which is a member of such partnership may transfer such
entity's allocation of the credit under subsection (a) to any
non-public entity which is a member of such partnership, except
that the aggregate allocations of such credit claimed by such
non-public entity shall be subject to the limitations under
subsections (b) and (c) and section 38(c).
``(2) Qualified public entity.--For purposes of this
subsection, the term `qualified public entity' means a Federal,
State, or local government entity, or any political subdivision
thereof, or a cooperative organization described in section
1381(a).
``(3) Verification of transfer of allocation.--A qualified
public entity that makes a transfer under paragraph (1), and a
non-public entity that receives an allocation under such a
transfer, shall provide verification of such transfer in such
manner and at such time as the Secretary shall prescribe.
``(e) Adjustment Based on Inflation.--
``(1) In general.--The $4.27 amount under subsection (b)(1)
shall be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding sentence
is not a multiple of 0.1 cent, such amount shall be rounded to
the nearest multiple of 0.1 cent.
``(2) Computation of inflation adjustment factor.--
``(A) In general.--The Secretary shall, not later
than April 1 of each calendar year, determine and
publish in the Federal Register the inflation
adjustment factor in accordance with this paragraph.
``(B) Inflation adjustment factor.--The term
`inflation adjustment factor' means, with respect to a
calendar year, a fraction the numerator of which is the
GDP implicit price deflator for the preceding calendar
year and the denominator of which is the GDP implicit
price deflator for calendar year 2008. The term `GDP
implicit price deflator' means the most recent revision
of the implicit price deflator for the gross domestic
product as computed and published by the Department of
Commerce before March 15 of the calendar year.''.
(b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (34), by striking the period at the end of paragraph
(35) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(36) the qualified biogas production credit under section
45R(a).''.
(c) Coordination With Credit for Production Electricity From a
Renewable Resource.--Section 45(e) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(12) Coordination with credit for production of biogas.--
The term `qualified facility' shall not include any facility
which produces electricity from biogas the production from
which is allowed a credit under section 45R for such taxable
year or any prior taxable year.''.
(d) Credit Allowed Against AMT.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by redesignating clauses (vi)
through (viii) as clauses (vii) through (ix), respectively, and by
inserting after clause (v) the following new clause:
``(vi) the credit determined under section
45R.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:
``Sec. 45R. Biogas produced from certain renewable feedstocks.''.
(f) Effective Date.--The amendments made by this section shall
apply to biogas produced and sold or used in taxable years beginning
after the date of the enactment of this Act. | Biogas Production Incentive Act of 2009 - Amends the Internal Revenue Code to allow a business tax credit for the production, sale, or use of biogas. Defines "biogas" as a gas that is derived by processing qualified energy feedstock (i.e., manure of agricultural livestock and other organic agricultural or food industry byproduct waste material) in an anaerobic digester and that contains at least 50% methane. Allows such credit to offset alternative minimum tax (AMT) liability. | {"src": "billsum_train", "title": "A bill to promote biogas production, and for other purposes."} | 2,510 | 116 | 0.593008 | 1.42974 | 0.618629 | 2.125 | 25.681818 | 0.806818 |
SECTION 1. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.
(a) Extension.--Subsection (h) of section 41 of the Internal
Revenue Code of 1986 (relating to credit for research activities) is
amended--
(1) by striking ``June 30, 1995'' each place it appears and
inserting ``December 31, 1997'', and
(2) by striking ``July 1, 1995'' each place it appears and
inserting ``January 1, 1998''.
(b) Base Amount for Start-up Companies.--Clause (i) of section
41(c)(3)(B) of such Code (relating to start-up companies) is amended to
read as follows:
``(i) Taxpayers to which subparagraph
applies.--The fixed-base percentage shall be
determined under this subparagraph if--
``(I) the first taxable year in
which a taxpayer had both gross
receipts and qualified research
expenses begins after December 31,
1983, or
``(II) there are fewer than 3
taxable years beginning after December
31, 1983, and before January 1, 1989,
in which the taxpayer had both gross
receipts and qualified research
expenses.''.
(c) Election of Alternative Incremental Credit.--Subsection (c) of
section 41 of such Code is amended by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting after
paragraph (3) the following new paragraph:
``(4) Election of alternative incremental credit.--
``(A) In general.--At the election of the taxpayer,
the credit determined under subsection (a)(1) shall be
equal to the sum of--
``(i) 1.65 percent of so much of the
qualified research expenses for the taxable
year as exceeds 1 percent of the average
described in subsection (c)(1)(B) but does not
exceed 1.5 percent of such average,
``(ii) 2.2 percent of so much of such
expenses as exceeds 1.5 percent of such average
but does not exceed 2 percent of such average,
and
``(iii) 2.75 percent of so much of such
expenses as exceeds 2 percent of such average.
``(B) Election.--An election under this paragraph
may be made only for the first taxable year of the
taxpayer beginning after June 30, 1995. Such an
election shall apply to the taxable year for which made
and all succeeding taxable years unless revoked with
the consent of the Secretary.''
(d) Increased Credit for Contract Research Expenses With Respect to
Certain Research Consortia.--Paragraph (3) of section 41(b) of such
Code is amended by adding at the end the following new subparagraph:
``(C) Amounts paid to certain research consortia.--
``(i) In general.--Subparagraph (A) shall
be applied by substituting `80 percent' for `65
percent' with respect to amounts paid or
incurred by the taxpayer to a qualified
research consortium for qualified research.
``(ii) Qualified research consortium.--The
term `qualified research consortium' means any
organization described in subsection (e)(6)(B)
if--
``(I) at least 15 unrelated
taxpayers paid (during the calendar
year in which the taxable year of the
taxpayer begins) amounts to such
organization for qualified research,
``(II) no 3 persons paid during
such calendar year more than 50 percent
of the total amounts paid during such
calendar year for qualified research,
and
``(III) no person contributed more
than 20 percent of such total amounts.
For purposes of subclause (I), all persons
treated as a single employer under subsection
(a) or (b) of section 52 shall be treated as
related taxpayers.''
(e) Conforming Amendment.--Subparagraph (D) of section 28(b)(1) of
such Code is amended by striking ``June 30, 1995'' and inserting
``December 31, 1997''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending after June 30, 1995.
(2) Subsections (c) and (d).--The amendments made by
subsections (c) and (d) shall apply to taxable years beginning
after June 30, 1995. | Amends the Internal Revenue Code to extend through December 31, 1997, the credit for increasing research activities. Modifies the fixed-base percentage for start-up companies.
Allows an individual to elect an alternative incremental credit. Makes the election of such credit applicable to the taxable year in which the election is made and for all succeeding taxable years, unless it is revoked with the consent of the Secretary of the Treasury.
Increases from 65 percent to 80 percent the amount for contract research expenses with respect to amounts paid or incurred by the taxpayer to qualified research consortia for qualified research. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the research credit, to allow an alternative incremental research credit, and for other purposes."} | 970 | 128 | 0.612979 | 1.642024 | 0.618247 | 2.491228 | 7.754386 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Oversight of Iran's
Access to Finance Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Under the Joint Comprehensive Plan of Action (in this
section referred to as the ``JCPOA''), informally known as the
Iran nuclear deal, the Obama administration agreed to license
the sale of commercial passenger aircraft to Iran, the world's
foremost state sponsor of terrorism and a jurisdiction of
primary money laundering concern.
(2) In April 2015, prior to the adoption of the JCPOA,
Secretary of the Treasury Jacob Lew, in publicly advocating for
its provisions, stated, ``Make no mistake: deal or no deal, we
will continue to use all our available tools, including
sanctions, to counter Iran's menacing behavior. Iran knows that
our host of sanctions focused on its support for terrorism and
its violations of human rights are not, and have never been, up
for discussion.''.
(3) In March 2016 remarks to the Carnegie Endowment for
International Peace, Secretary Lew, in reference to United
States commitments under the JCPOA, stated, ``While we have
lifted the nuclear sanctions, we continue to enforce sanctions
directed at support for terrorism and regional destabilization,
and missile and human rights violations.''.
(4) In an April 2016 forum at the Council on Foreign
Relations, Secretary Lew stated that, under the JCPOA, the
United States committed to lifting its nuclear sanctions, ``but
the U.S. financial system is not open to Iran, and that is not
something that is going to change''.
(5) In September 2016, the Department of the Treasury's
Office of Foreign Assets Control (in this section referred to
as ``OFAC'') issued licenses permitting the export of up to 97
aircraft for use by Iran Air, the Islamic Republic of Iran's
flagship state-owned air carrier. These licenses included
authorization for United States financial institutions ``to
engage in all transactions necessary to provide financing or
other financial services'' in order to effectuate the sales. In
November 2016, OFAC licensed an additional 106 aircraft for
purchase by Iran Air, which are also eligible for financing
authorized by OFAC.
(6) The Department of the Treasury had sanctioned Iran Air
in 2011 for its use of commercial passenger aircraft to
transport rockets, missiles, and other military cargo on behalf
of the Islamic Revolutionary Guard Corps (in this section
referred to as the ``IRGC'') and Iran's Ministry of Defense and
Armed Forces Logistics, both of which had been designated under
Executive Order 13382 for weapons proliferation-related
activities. In October 2017, the IRGC went on to be designated
under Executive Order 13224 for its support of the IRGC-Qods
Force, which has provided support to terrorist groups such as
Hizballah, Hamas, and the Taliban.
(7) Among Iran Air's sanctionable activities, the air
carrier delivered missile or rocket components to the regime of
Bashar al-Assad in Syria, which like Iran is classified as a
state sponsor of terrorism.
(8) The Assad regime is responsible for a civil conflict
that has claimed an estimated 400,000 lives, including through
the regime's deployment of chemical weapons and barrel bombs
against unarmed civilians and children.
(9) Despite being delisted in 2016, Iran Air has continued
to fly known weapons resupply routes to government-controlled
areas of Syria. According to research by the Foundation for
Defense of Democracies, between Implementation Day of the JCPOA
on January 16, 2016, and May 4, 2017, Iran Air operated at
least 134 flights to Syria, which included stops in Abadan,
Iran, a suspected IRGC logistical hub for airlifts to the Assad
regime.
(10) In November 2016 correspondence to the Chairman of the
Committee on Financial Services of the House of
Representatives, the Department of the Treasury noted that the
commitment to delist Iran Air under the JCPOA ``does not affect
our ability to designate, or re-designate, any Iranian airline
that engages in sanctionable activity. The United States
retains the ability to designate any individual or entity that
engages in sanctionable activities under our authorities
targeting conduct outside the scope of the JCPOA, including
Iran's support for terrorism, human rights abuses, ballistic
missile program, and other destabilizing activities in the
region.''.
(11) In April 2017, Iran announced a deal for Aseman
Airlines to purchase up to 60 commercial aircraft, a
transaction that would require authorization by OFAC. Aseman
Airlines' chief executive officer, Hossein Alaei, has for
decades served as a senior member of the IRGC.
SEC. 3. CERTIFICATIONS FOR AIRCRAFT-RELATED TRANSACTIONS BY UNITED
STATES AND FOREIGN FINANCIAL INSTITUTIONS.
(a) In General.--Not later than 30 days after authorizing a
transaction by a United States financial institution or a foreign
financial institution in connection with the export or re-export of a
commercial passenger aircraft to Iran (or, for an authorization made
after January 16, 2016, but before the date of the enactment of this
Act, not later than 60 days after such date of enactment), and every
180 days thereafter for the duration of the authorization, the
Secretary shall submit a report described in subsection (b) to the
appropriate congressional committees.
(b) Report With Respect to Financial Institutions' Iran-Related
Transactions and Due Diligence.--A report described in this subsection
is a report that contains--
(1) a list of financial institutions that, after January
16, 2016, have conducted transactions authorized by the
Secretary in connection with the export or re-export of
commercial passenger aircraft to Iran; and
(2) with respect to the transaction by a financial
institution described in subsection (a), either--
(A) a certification that--
(i) the transaction does not pose a
significant money laundering or terrorism
financing risk to the United States financial
system;
(ii) the transaction will not benefit an
Iranian person that, since the date that is one
year preceding the date of the certification--
(I) has knowingly transported items
used for the proliferation of weapons
of mass destruction, including systems
designed in whole or in part for the
delivery of such weapons; or
(II) has knowingly provided
transportation services or material
support for, or on behalf of, any
person designated under--
(aa) Executive Order 13224
(50 U.S.C. 1701 note; relating
to blocking property and
prohibiting transactions with
persons who commit, threaten to
commit, or support terrorism);
(bb) Executive Order 13382
(50 U.S.C. 1701 note; relating
to blocking property of weapons
of mass destruction delivery
system proliferators and their
supporters); or
(cc) Executive Order 13572
(50 U.S.C. 1701 note; relating
to blocking property of certain
persons with respect to human
rights abuses in Syria); and
(iii) any financial institution described
in paragraph (1) has had since the date such
authorization was made, or, if the
authorization is no longer in effect, had for
the duration of such authorization, appropriate
policies, procedures, and processes in place to
avoid engaging in sanctionable activities that
may result from the financial institution's
exposure to Iran; or
(B) a statement that the Secretary is unable to
make the certification described in subparagraph (A)
and a notice that the Secretary will, not later than 60
days after the date the determination is submitted to
the appropriate congressional committees, submit a
report on non-certification described in subsection (c)
to the appropriate congressional committees.
(c) Report on Non-Certification.--A report on non-certification
described in this subsection is a report with respect to a transaction
by a financial institution described in subsection (a) that contains--
(1) a detailed explanation for why the Secretary is unable
to make the certification described under subsection (b)(2)(A)
with respect to the transaction;
(2) a notification of whether the Secretary will--
(A) not amend the authorization of the transaction
with respect to the financial institution,
notwithstanding such non-certification;
(B) suspend the authorization until the Secretary
is able to make such certification;
(C) revoke the authorization; or
(D) otherwise amend the authorization; and
(3) an explanation of the reasons for any action to be
taken described in paragraph (2).
(d) Waiver.--The President may waive, on a case-by-case basis, the
provisions of this section for up to one year at a time upon certifying
to the appropriate congressional committees that--
(1) the Government of Iran has--
(A) made substantial progress towards combating
money laundering and terrorism financing risk emanating
from Iran; or
(B) significantly reduced Iran's--
(i) destabilizing activities in the region;
or
(ii) material support for terrorist groups;
or
(2) such waiver is important to the national security
interests of the United States, with an explanation of the
reasons therefor.
(e) Termination.--This section shall cease to be effective on the
date that is 30 days after the date on which the President certifies to
the appropriate congressional committees that--
(1)(A) the Secretary does not find, under section 5318A of
title 31, United States Code, that reasonable grounds exist for
concluding that Iran is a jurisdiction of primary money
laundering concern; and
(B) Iran has ceased providing support for acts of
international terrorism; or
(2) terminating the provisions of this section is vital to
the national security interests of the United States, with an
explanation of the reasons therefor.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate.
(2) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations.
(4) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(6) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' in section 561.309 of title 31,
Code of Federal Regulations. | Strengthening Oversight of Iran's Access to Finance Act This bill directs the Department of the Treasury, not later than 30 days after authorizing a U. S. or foreign financial institution to export or re-export a commercial passenger aircraft to Iran (or, for an authorization made after January 16, 2016, but before the enactment of this bill, not later than 60 days after such enactment) and every 180 days thereafter for the duration of the authorization, to submit to Congress a report containing: a list of financial institutions that have, after January 16, 2016, conducted transactions authorized in connection with such export or re-export; and either a certification that such transaction does not pose a significant money laundering or terrorism financing risk to the U. S. financial system and will not benefit an Iranian person who for the one year preceding the certification has knowingly transported weapons of mass destruction or has knowingly provided transportation services or material support for terrorism, weapons of mass destruction delivery system proliferation, or human rights abuses in Syria, and that any such institution had appropriate policies, procedures, and processes in place to avoid engaging in sanctionable activities; or a statement that the Treasury is unable to make such a certification and will, within 60 days after such determination, submit a report on non-certification to Congress. The President may waive the requirements of this bill for up to one year at a time upon certifying to Congress that: the Government of Iran has made substantial progress toward combating money laundering and terrorism financing risk emanating from Iran or has significantly reduced its destabilizing activities in the region or material support for terrorist groups; or such waiver is important to U.S. national interests. | {"src": "billsum_train", "title": "Strengthening Oversight of Iran\u2019s Access to Finance Act"} | 2,417 | 367 | 0.53073 | 1.817123 | 0.702162 | 4.281734 | 7 | 0.944272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 2008''.
SEC. 2. REAUTHORIZATION.
Section 11 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) in the section heading, by striking ``and sunset''; and
(2) by striking ``and shall cease to be effective 8 years
after such date of enactment''.
SEC. 3. WEBSITE RELATING TO FEDERAL GRANTS.
Section 6 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following:
``(e) Website Relating to Federal Grants.--
``(1) In general.--The Director shall establish and
maintain a public website that serves as a central point of
information and access for applicants for Federal grants.
``(2) Contents.--To the maximum extent possible, the
website established under this subsection shall include, at a
minimum, for each Federal grant--
``(A) the grant announcement;
``(B) the statement of eligibility relating to the
grant;
``(C) the application requirements for the grant;
``(D) the purposes of the grant;
``(E) the Federal agency funding the grant; and
``(F) the deadlines for applying for and awarding
of the grant.
``(3) Use by applicants.--The website established under
this subsection shall, to the greatest extent practical, allow
grant applicants to--
``(A) search the website for all Federal grants by
type, purpose, funding agency, program source, and
other relevant criteria;
``(B) apply for a Federal grant using the website;
``(C) manage, track, and report on the use of
Federal grants using the website; and
``(D) provide all required certifications and
assurances for a Federal grant using the website.'';
and
(3) in subsection (g), as so redesignated, by striking
``All actions'' and inserting ``Except for actions relating to
establishing the website required under subsection (e), all
actions''.
SEC. 4. REPORT ON IMPLEMENTATION.
The Federal Financial Assistance Management Improvement Act of 1999
(31 U.S.C. 6101 note) is amended by striking section 7 and inserting
the following:
``SEC. 7. EVALUATION OF IMPLEMENTATION.
``(a) In General.--Not later than 9 months after the date of
enactment of the Federal Financial Assistance Management Improvement
Act of 2008, and every 2 years thereafter until the date that is 15
years after the date of enactment of the Federal Financial Assistance
Management Improvement Act of 2008, the Director shall submit to
Congress a report regarding the implementation of this Act.
``(b) Contents.--
``(1) In general.--Each report under subsection (a) shall
include, for the applicable period--
``(A) a list of all grants for which an applicant
may submit an application using the website established
under section 6(e);
``(B) a list of all Federal agencies that provide
Federal financial assistance to non-Federal entities;
``(C) a list of each Federal agency that has
complied, in whole or in part, with the requirements of
this Act;
``(D) for each Federal agency listed under
subparagraph (C), a description of the extent of the
compliance with this Act by the Federal agency;
``(E) a list of all Federal agencies exempted under
section 6(d);
``(F) for each Federal agency listed under
subparagraph (E)--
``(i) an explanation of why the Federal
agency was exempted; and
``(ii) a certification that the basis for
the exemption of the Federal agency is still
applicable;
``(G) a list of all common application forms that
have been developed that allow non-Federal entities to
apply, in whole or in part, for multiple Federal
financial assistance programs (including Federal
financial assistance programs administered by different
Federal agencies) through a single common application;
``(H) a list of all common forms and requirements
that have been developed that allow non-Federal
entities to report, in whole or in part, on the use of
funding from multiple Federal financial assistance
programs (including Federal financial assistance
programs administered by different Federal agencies);
``(I) a description of the efforts made by the
Director and Federal agencies to communicate and
collaborate with representatives of non-Federal
entities during the implementation of the requirements
under this Act;
``(J) a description of the efforts made by the
Director to work with Federal agencies to meet the
goals of this Act, including a description of working
groups or other structures used to coordinate Federal
efforts to meet the goals of this Act; and
``(K) identification and description of all systems
being used to disburse Federal financial assistance to
non-Federal entities.
``(2) Subsequent reports.--The second report submitted
under subsection (a), and each subsequent report submitted
under subsection (a), shall include--
``(A) a discussion of the progress made by the
Federal Government in meeting the goals of this Act,
including the amendments made by the Federal Financial
Assistance Management Improvement Act of 2008, and in
implementing the strategic plan submitted under section
8, including an evaluation of the progress of each
Federal agency that has not received an exemption under
section 6(d) towards implementing the strategic plan;
and
``(B) a compilation of the reports submitted under
section 8(c)(3) during the applicable period.
``(c) Definition of Applicable Period.--In this section, the term
`applicable period' means--
``(1) for the first report submitted under subsection (a),
the most recent full fiscal year before the date of the report;
and
``(2) for the second report submitted under subsection (a),
and each subsequent report submitted under subsection (a), the
period beginning on the date on which the most recent report
under subsection (a) was submitted and ending on the date of
the report.''.
SEC. 5. STRATEGIC PLAN.
(a) In General.--The Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) by redesignating sections 8, 9, 10, and 11 as sections
9, 10, 11, and 12, respectively; and
(2) by inserting after section 7, as amended by this Act,
the following:
``SEC. 8. STRATEGIC PLAN.
``(a) In General.--Not later than 18 months after the date of
enactment of the Federal Financial Assistance Management Improvement
Act of 2008, the Director shall submit to Congress a strategic plan
that--
``(1) identifies Federal financial assistance programs that
are suitable for common applications based on the common or
similar purposes of the Federal financial assistance;
``(2) identifies Federal financial assistance programs that
are suitable for common reporting forms or requirements based
on the common or similar purposes of the Federal financial
assistance;
``(3) identifies common aspects of multiple Federal
financial assistance programs that are suitable for common
application or reporting forms or requirements;
``(4) identifies changes in law, if any, needed to achieve
the goals of this Act; and
``(5) provides plans, timelines, and cost estimates for--
``(A) developing an entirely electronic, web-based
process for managing Federal financial assistance,
including the ability to--
``(i) apply for Federal financial
assistance;
``(ii) track the status of applications for
and payments of Federal financial assistance;
``(iii) report on the use of Federal
financial assistance, including how such use
has been in furtherance of the objectives or
purposes of the Federal financial assistance;
and
``(iv) provide required certifications and
assurances;
``(B) ensuring full compliance by Federal agencies
with the requirements of this Act, including the
amendments made by the Federal Financial Assistance
Management Improvement Act of 2008;
``(C) creating common applications for the Federal
financial assistance programs identified under
paragraph (1), regardless of whether the Federal
financial assistance programs are administered by
different Federal agencies;
``(D) establishing common financial and performance
reporting forms and requirements for the Federal
financial assistance programs identified under
paragraph (2), regardless of whether the Federal
financial assistance programs are administered by
different Federal agencies;
``(E) establishing common applications and
financial and performance reporting forms and
requirements for aspects of the Federal financial
assistance programs identified under paragraph (3),
regardless of whether the Federal financial assistance
programs are administered by different Federal
agencies;
``(F) developing mechanisms to ensure compatibility
between Federal financial assistance administration
systems and State systems to facilitate the importing
and exporting of data;
``(G) developing common certifications and
assurances, as appropriate, for all Federal financial
assistance programs that have common or similar
purposes, regardless of whether the Federal financial
assistance programs are administered by different
Federal agencies; and
``(H) minimizing the number of different systems
used to disburse Federal financial assistance.
``(b) Consultation.--In developing and implementing the strategic
plan under subsection (a), the Director shall consult with
representatives of non-Federal entities and Federal agencies that have
not received an exemption under section 6(d).
``(c) Federal Agencies.--
``(1) In general.--Not later than 6 months after the date
on which the Director submits the strategic plan under
subsection (a), the head of each Federal agency that has not
received an exemption under section 6(d) shall develop a plan
that describes how the Federal agency will carry out the
responsibilities of the Federal agency under the strategic
plan, which shall include--
``(A) clear performance objectives and timelines
for action by the Federal agency in furtherance of the
strategic plan; and
``(B) the identification of measures to improve
communication and collaboration with representatives of
non-Federal entities on an on-going basis during the
implementation of this Act.
``(2) Consultation.--The head of each Federal agency that
has not received an exemption under section 6(d) shall consult
with representatives of non-Federal entities during the
development and implementation of the plan of the Federal
agency developed under paragraph (1).
``(3) Reporting.--Not later than 2 years after the date on
which the head of a Federal agency that has not received an
exemption under section 6(d) develops the plan under paragraph
(1), and every 2 years thereafter until the date that is 15
years after the date of enactment of the Federal Financial
Assistance Management Improvement Act of 2008, the head of the
Federal agency shall submit to the Director a report regarding
the progress of the Federal agency in achieving the objectives
of the plan of the Federal agency developed under paragraph
(1).''.
(b) Technical and Conforming Amendment.--Section 5(d) of the
Federal Financial Assistance Management Improvement Act of 1999 (31
U.S.C. 6101 note) is amended by inserting ``, until the date on which
the Federal agency submits the first report by the Federal agency
required under section 8(c)(3)'' after ``subsection (a)(7)''.
Passed the Senate September 22 (legislative day, September
17), 2008.
Attest:
NANCY ERICKSON,
Secretary. | Federal Financial Assistance Management Improvement Act of 2008 - Amends the Federal Financial Assistance Management Improvement Act of 1999 (FFAMIA) to repeal its termination date (thus extending it indefinitely).
Requires the Director of the Office of Management and Budget (OMB) to establish and maintain a public website that serves as a central point of information and access for federal grant applicants, including grant: (1) announcements; (2) statements of eligibility; (3) application requirements; (4) purposes; (5) federal agency providers; and (6) deadlines for applying and awarding.
Requires the website to allow grant applicants to apply for grants on it, among other uses.
Amends the Act to require OMB to report to Congress on: (1) the implementation of FFAMIA; and (2) a strategic plan specifying federal financial assistance progams suitable for common applications and reporting forms or requirements, changes in law (if any) needed to achieve the goals of this Act, and plans, timeliness, and cost estimates for developing an entirely electronic, web-based process for managing federal financial assistance.
Requires the head of each federal agency that has not been exempted from FFAMIA to develop a plan that describes how it will carry out its responsibilities under the strategic plan. | {"src": "billsum_train", "title": "A bill to reauthorize and improve the Federal Financial Assistance Management Improvement Act of 1999."} | 2,526 | 276 | 0.587872 | 1.726783 | 0.821228 | 3.326613 | 10.004032 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Admiralty and Maritime
Law Act''.
SEC. 2. AMENDMENTS TO LIMITATION OF SHIPOWNERS' LIABILITY ACT OF 1851.
(a) In General.--Chapter 305 of title 46, United States Code, is
amended as follows:
(1) Subsection (a) of section 30505 is amended to read as
follows:
``(a) In General.--Except as provided in section 30506 of this
title, the liability of the owner of a vessel for any claim, debt, or
liability described in subsection (b) shall not exceed the value of the
vessel and pending freight. If the vessel has more than one owner, the
proportionate share of the liability of any one owner shall not exceed
that owner's proportionate interest in the vessel and pending
freight.''.
(2) Subsection (c) of section 30505 is amended to read as
follows:
``(c) Claims Not Subject to Limitation.--Subsection (a) does not
apply--
``(1) to a claim for wages;
``(2) to a claim for personal injury;
``(3) to a claim for wrongful death; or
``(4) to a claim relating to oil drilling or exploration or
the discharge of oil from a vessel or offshore facility, as
those terms are defined in section 1001 of the Oil Pollution
Act of 1990 (33 U.S.C. 2701).''.
(3) By adding at the end of the section:
``(d) Exclusion.--
``(1) Exclusion.--Unless the claim involves the privity or
knowledge of the owner, claims for personal injury or wrongful
death are subject to the limitation in subsection (a) if the
vessel was a fishing vessel.
``(2) Fishing vessel defined.--In this subsection, the term
`fishing vessel' means--
``(A) a vessel, boat, ship, or other watercraft
that is used for, equipped to be used for, or of a type
normally used for--
``(i) charter fishing (as defined in
section 3(3) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1802(3)));
``(ii) commercial fishing (as defined in
section 3(4) of such Act (16 U.S.C. 1802 (4)));
or
``(iii) aiding or assisting one or more
vessels at sea in the performance of any
activity relating to commercial fishing (as so
defined), including preparation, supply,
storage, refrigeration, transportation, or
processing; but
``(B) does not include a passenger vessel (as
defined in section 2101(22)).''.
(4) Subsection (c) of section 30511 is amended to read as
follows:
``(c) Cessation of Other Actions.--At the time that an action has
been brought under this section and the owner has complied with
subsection (b), all claims and proceedings against the owner related to
the matter in question which are subject to limitation under section
30505 shall cease.''.
SEC. 3. ASSESSMENT OF PUNITIVE DAMAGES IN MARITIME LAW.
(a) In General.--Chapter 301 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 30107. Punitive damages
``Except as otherwise provided in this title, in a civil action for
damages arising out of a maritime tort, punitive damages may be
assessed without regard to the amount of compensatory damages assessed
in the action.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 46, United States Code, is amended by adding at the end the
following:
``30107. Punitive damages''.
SEC. 4. AMENDMENTS TO THE DEATH ON THE HIGH SEAS ACT.
(a) In General.--Chapter 303 of title 46, United States Code, is
amended--
(1) in section 30302, by inserting ``or law'' after
``admiralty'';
(2) in section 30303, by inserting ``and nonpecuniary
loss'' after ``pecuniary loss'';
(3) in section 30303, by striking ``sustained by'' and all
that follows and inserting ``sustained, plus a fair
compensation for the decedent's pain and suffering. In this
section, the term `nonpecuniary loss' means the loss of care,
comfort, and companionship.'';
(4) in section 30305, by inserting ``or law'' after
``admiralty''; and
(5) in section 30306, by inserting ``or law'' after
``admiralty''.
(b) Aviation Accidents.--
(1) In general.--Section 30307 of title 46, United States
Code, is amended--
(A) by striking subsection (a) and inserting the
following:
``(a) Definitions.--
``(1) Commercial aviation; general aviation.--The terms
`commercial aviation' and `general aviation' have the same
meaning as those terms, respectively, as used in subtitle VII
of title 49, United States Code.
``(2) Nonpecuniary damages.--The term `nonpecuniary
damages' means damages for loss of care, comfort, and
companionship.'';
(B) by inserting ``or general aviation'' after
``commercial aviation'' in subsections (b) and (c); and
(C) by adding at the end thereof the following:
``(d) Procedure.--Notwithstanding sections 30302, 30305, and 30306,
an action to which this section applies may be brought in admiralty and
may not be brought in law.''.
(2) Conforming amendments.--
(A) Section heading.--Section 30307 of title 46,
United States Code, is amended in the heading by
striking ``commercial aviation'' and by inserting
``aviation''.
(B) Clerical amendment.--The table of contents for
chapter 303 of title 46, United States Code, is amended
by striking the item relating to section 30307 and
inserting the following:
``30307. Aviation accidents''.
(c) Application to Fishing Vessels.--
(1) In general.--None of the amendments made by this
section shall apply with respect to a fishing vessel.
(2) Fishing vessel defined.--In this subsection, the term
``fishing vessel'' means--
(A) a vessel, boat, ship, or other watercraft that
is used for, equipped to be used for, or of a type
normally used for--
(i) charter fishing (as defined in section
3(3) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1802(3)));
(ii) commercial fishing (as defined in
section 3(4) of such Act (16 U.S.C. 1802 (4)));
or
(iii) aiding or assisting one or more
vessels at sea in the performance of any
activity relating to commercial fishing (as so
defined), including preparation, supply,
storage, refrigeration, transportation, or
processing; but
(B) does not include a passenger vessel (as defined
in section 2101(22) of title 46, United States Code).
SEC. 5. IMPROVEMENTS TO RECOVERY UNDER THE JONES ACT.
Section 30104 of title 46, United States Code, is amended to read
as follows:
``Sec. 30104. Personal injury to or death of seamen
``(a) In General.--A seaman injured in the course of employment or,
if the seaman dies from the injury, the personal representative of the
seaman may elect to bring a civil action at law, with the right of
trial by jury, against the employer. Laws of the United States
regulating recovery for personal injury to, or death of, a railway
employee apply to an action under this section.
``(b) Loss of Care, Comfort, and Companionship.--In addition to
other amounts authorized under such laws, for any claim relating to oil
drilling or exploration or the discharge of oil the recovery for a
seaman who so dies shall include recovery for loss of care, comfort,
and companionship.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this title shall apply to--
(1) causes of action and claims arising after April 19,
2010; or
(2) actions commenced before the date of enactment of this
Act that have not been finally adjudicated, including appellate
review, as of that date. | Fairness in Admiralty and Maritime Law Act - Expands a shipowner's liability to claims not subject to limitation to include: (1) personal injury claims; (2) wrongful death claims; and (3) claims relating to oil drilling or exploration or the discharge of oil from a vessel or offshore facility. Excepts the owner of a fishing vessel from such limitation for claims for personal injury or wrongful death, unless the claim involves the privity or knowledge of the owner.
Allows punitive damages to be assessed without regard to the amount of compensatory damages assessed in a civil maritime action for damages arising out of a maritime tort, subject to exception.
Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States.
Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines "nonpecuniary loss" as loss of care, comfort, and companionship.
Amends provisions concerning commercial aviation accidents to include general aviation accidents.
Amends the Jones Act to allow recovery for the loss of care, comfort, and companionship of a seaman in a claim by the seaman's representative relating to oil drilling or exploration or the discharge of oil when the seaman died as the result of such oil drilling or exploration or the discharge of oil. | {"src": "billsum_train", "title": "A bill to ensure fairness in admiralty and maritime law and for other purposes."} | 2,001 | 382 | 0.554192 | 1.740257 | 0.804604 | 3.510903 | 5.46729 | 0.88785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Revolving Loan Fund Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Contaminated and underused or abandoned industrial
sites in distressed communities are, economically, at a
competitive disadvantage relative to greenfield sites, as
capital for their cleanup and redevelopment may not be
available.
(2) Contaminated and underused and abandoned industrial
properties located in distressed areas, owned by private,
public, or nonprofit entities, often with significant economic
development potential once cleaned up, are unable to secure
initial financing for site remediation.
(3) Considerable public benefits can accrue from such sites
once cleaned up and brought back to productive reuse,
especially those devoted to industrial purposes that employ
enviornmentally sound practices.
(4) Voluntary cleanup programs spur private sector cleanups
when the property value is sufficient and its location
favorable enough to make the additional costs of cleanup
economically feasible, but this approach does not resolve the
problems facing properties with little or no value, common
among sites located in economically distressed areas.
(5) Because of their experience in administering targeted
loan assistance programs, States are in a good position to use
Federal funds to capitalize revolving loan funds to support
local cleanup and redevelopment projects.
(b) Purpose.--The purpose of this Act is to revitalize distressed
communities by providing loans for cleanup of certain industrial
properties that have the potential to attract private investment,
foster clean manufacturing, and create jobs for local residents.
SEC. 3. REVOLVING LOAN FUND FOR CLEANUPS UNDER STATE VOLUNTARY CLEANUP
PROGRAMS.
(a) Establishment of Loan Program.--The Administrator of the
Environmental Protection Agency (hereinafter in this Act referred to as
the ``Administrator'') shall establish a program to provide a
capitalization loan to any State that submits an application that is
approved by the Administrator to establish or expand a State revolving
loan fund for purposes of providing loans for voluntary environmental
cleanups of eligible facilities.
(b) Application for Loan.--An application for a capitalization loan
under this section shall be in such form as the Administrator considers
appropriate. At a minimum, the application shall include each of the
following:
(1) Evidence that the State is carrying out a voluntary
cleanup program for eligible facilities. The Administrator
shall insure that the State voluntary program provides, at a
minium, adequate opportunities for public participation,
sufficient technical assistance, and oversight to ensure that
cleanups comply with Federal and State laws, and certification
to the owner and prospective purchaser that the cleanup is
complete.
(2) Evidence that the State will provide a matching share
of at least 20 percent of the costs of such cleanup from either
new or existing sources of State funding.
(3) A description of the State's proposed revolving loan
program and of the State's capability to manage the program.
States may use interest income or loan repayments (in an amount
equal to not more than 10 percent of their revolving loan fund
amount) for program administrative purposes. At a minimum, the
State's revolving loan program shall--
(A) provide loans to both public and private
parties conducting voluntary cleanups under the State's
voluntary cleanup program who are unable to secure
loans from private lending institutions or other means
of financing;
(B) require that borrowers demonstrate credit
worthiness and the ability to carry out the cleanup;
and
(C) give priority to loans for the purpose of
cleaning up--
(i) facilities that are planned to be
reused for industrial purposes that employ
environmentally sound practices; and
(ii) facilities that will generate jobs for
contractors whose principal place of business
is the political subdivision in which the
facility is located or for laborers who reside
in such political subdivisions.
(4) A statement that the State will begin repayment of the
loan within 5 years after receipt of the loan, and evidence of
the State's ability to repay the loan.
(5) A statement that a loan from the revolving loan fund
will not be used to pay for any of the following:
(A) New construction.
(B) Environmental fines or penalties.
(C) Speculative assessments or speculative
rehabilitation at facilities with little or no
potential for economic development.
(6) Such other elements as the Administrator considers
appropriate.
(c) Amount of Loan.--The Administrator shall determine the
distribution of funds among the eligible States. The amount of a
capitalization loan made by the Administrator under this Act to a State
may not exceed 15 percent of the amount available each year to all the
eligible States.
(d) Authorization.--There are authorized to be appropriated to the
Administrator for purposes of making capitalization loans to States
under this section the sum of $5,000,000 for fiscal year 1995 and
$7,500,000 for each of the fiscal years 1996 and 1997.
SEC. 4. DEFINITIONS.
For purposes of this Act the term ``eligible facility'' means a
facility or property in a State that is determined by the State to have
environmental contamination that--
(1) could prevent the timely use, development, or reuse of
the facility or property; and
(2) is limited in scope and can be comprehensively and
readily evaluated.
Such term shall not include any of the following:
(A) A facility that is eligible for abatement action under
section 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
(B) A facility that, as of the date of the enactment of
this Act, is subject to Federal enforcement action under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(C) A facility included, or proposed for inclusion, on the
National Priorities List or on the comprehensive environmental
response, compensation, and liability inventory system
(``CERCLIS'') that has been evaluated as high priority under
the hazard ranking system.
(D) A facility required to have a permit under section 3005
of the Solid Waste Disposal Act that does not have a permit
under that section and does not qualify for authorization to
operate in interim status under subsection (e) of that section.
(E) A land disposal unit with respect to which a closure
notification under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) is submitted and closure requirements
are specified in a closure plan or permit.
(F) A facility subject to corrective action under section
3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C.
5924(u) or 6928(h)) that is evaluated as high priority under
the Environmental Protection Agency's National Corrective
Action Priority System as set forth in regulations under
subtitle C of the Solid Waste Disposal Act.
(G) A facility at which assistance for response activities
may be obtained pursuant to subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
Underground Storage Tank Trust Fund established under section
9508 of the Internal Revenue Code of 1986.
(H) A facility owned or operated by a department, agency,
or instrumentality of the United States. | Brownfield Cleanup and Redevelopment Revolving Loan Fund Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide capitalization loans to States to establish or expand a State revolving loan fund for purposes of providing loans for voluntary environmental cleanups of eligible facilities.
Defines "eligible facilities" as facilities or property that are determined by a State to have environmental contamination that: (1) could prevent the timely use, development, or reuse of the facility or property; and (2) is limited in scope and can be comprehensively and readily evaluated.
Sets forth loan application requirements, including: (1) evidence that the State is carrying out a voluntary cleanup program for eligible facilities and will provide a matching share of at least 20 percent of the costs of such cleanup from either new or existing sources of State funding; (2) a description of the State's proposed revolving loan program and capability to manage the program; and (3) a statement that the State will begin repayment of the loan within five years (and evidence of the State's ability to repay) and that a loan from the revolving loan fund will not be used to pay for new construction, environmental fines or penalties, or for speculative assessments or rehabilitation at facilities with little or no potential for economic development.
Directs the Administrator to determine the distribution of funds among the eligible States. Limits the amount of a capitalization loan made by the Administrator under this Act to a State to 15 percent of the amount available each year to all the eligible States.
Authorizes appropriations. | {"src": "billsum_train", "title": "Brownfield Cleanup and Redevelopment Revolving Loan Fund Act"} | 1,598 | 334 | 0.704477 | 2.354565 | 0.845606 | 6.481848 | 4.910891 | 0.950495 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Non-Citizen
Identification Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Creation of a new social security card.
Sec. 3. Denying benefits for work done illegally.
Sec. 4. Identifying illegal aliens.
Sec. 5. Educating the public.
SEC. 2. CREATION OF A NEW SOCIAL SECURITY CARD.
(a) In General.--Section 205(c)(2)(G) of the Social Security Act
(42 U.S.C. 402(c)(2)(G)) is amended--
(1) by inserting ``(i)'' after ``(G)'';
(2) by striking the 2nd sentence; and
(3) by adding at the end the following new clauses:
``(ii) A social security card issued pursuant to clause (i) of this
subparagraph to an individual described in subparagraph (B)(ii) shall--
``(I) be made of tamper proof and wear-resistant material,
``(II) be designed, with such security features and under
such methods as shall be determined by the Commissioner, to
prevent (to the maximum extent practicable) tampering,
counterfeiting, or duplication of the card for fraudulent
purposes and fraudulent use of the card,
``(III) be issued under such secure procedures as to
preclude the issuance of the card to persons who are ineligible
to receive the card,
``(IV) have clearly marked on its face, the name and social
security account number of the individual to whom the card is
issued,
``(V) display a digital image, captured directly by an
officer or employee of the Social Security Administration
acting in his or her official capacity, of the person to whom
the social security account number was issued and the date on
which that image was captured, and
``(VI) contain an encrypted, machine-readable electronic
record which shall include records of biometric identifiers
unique to the individual to whom the card is issued, including
a copy of the digitized facial image printed on the face of the
card.
``(iii) The Commissioner may charge a reasonable fee to the
recipient as a condition for issuance of a social security card under
clause (i) of this subparagraph to an individual described in
subparagraph (B)(ii). Fees charged under this clause shall be in
amounts not greater than amounts necessary to meet the administrative
costs attributable to the requirements of clause (ii) of this
subparagraph. Amounts received by the Commissioner under this clause
shall be deposited in the Federal Old-Age and Survivors Insurance Trust
Fund and shall be available for use by the Commissioner solely for
purposes of meeting such requirements.
``(iv) The Commissioner may through a memorandum of understanding
and a reimbursement of costs, delegate to the Secretary of Homeland
Security the process of meeting the requirements of this paragraph by
using the existing secure card manufacturing facilities and related
systems used to produce the Permanent Resident Card and the B1/B2
Visa.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 2 years after the date of the enactment of this Act.
SEC. 3. DENYING BENEFITS FOR WORK DONE ILLEGALLY.
(a) In General.--Section 215(e) of the Social Security Act (42
U.S.C. 415(e)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(e)''; and
(3) by adding at the end the following new paragraph:
``(2) For purposes of subsections (b) and (d), in computing an
individual's average indexed monthly earnings, or in the case of an
individual whose primary insurance amount is computed under section
215(a) as in effect prior to January 1979, average monthly wage, such
individual shall not be credited with any wages paid to such
individual, or any self-employment income derived by such individual,
while such individual was not a citizen or national of the United
States and was illegally in the United States.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to wages paid, and self-employment income derived,
before, on, or after the date of the enactment of this Act.
Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C.
415(f)(1)), as soon as practicable after the date of the enactment of
this Act, the Commissioner of Social Security shall recompute all
primary insurance amounts to the extent necessary to carry out such
amendments. Such amendments shall affect benefits only for months after
the date of the enactment of this Act.
SEC. 4. IDENTIFYING ILLEGAL ALIENS.
(a) Issuance of Social Security Cards.--
(1) In general.--Section 205(c)(2)(G)(ii) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)(ii)), as amended by
section 1(a) of this Act, is amended--
(A) by striking ``and'' at the end of subclause
(V);
(B) by striking the period at the end of subclause
(VI) and inserting ``, and''; and
(C) adding at the end the following:
``(VII) if the individual claims to not be a
citizen or national of the United States and to be
illegally in the United States--
``(aa) have clearly marked on its face the
date of issuance of the card; and
``(bb) be of a color different than the
color of the cards so issued to individuals who
have not made such claim.''.
(2) Effective date.--The amendments made by paragraph (1)
of this subsection shall take effect immediately after the
amendments made by section 2(a) take effect.
(b) Criminal Penalties.--
(1) In general.--Section 208 of the Social Security Act (42
U.S.C. 408) is amended by adding at the end the following:
``(f)(1)(A) It shall be unlawful for an individual who has attained
18 years of age, is not a citizen or national of the United States, and
is illegally in the United States, to fail to possess a social security
card issued to the individual pursuant to section 205(c)(2)(G)(i). The
preceding sentence may be enforced only when the individual is lawfully
detained for a suspected violation of another law.
``(B) It shall be a defense to a charge of having violated
subparagraph (A) that the social security card of the defendant was at
the place of residence of the defendant at the time of the alleged
violation.
``(2) Whoever violates paragraph (1) shall--
``(A) in the case of the first violation by the person, be issued a
warning; or
``(B) in the case of the second or subsequent violation by the
person, be guilty of a Class A misdemeanor.''.
(2) Effective date.--The amendment made by paragraph (1) of
this subsection shall apply to conduct engaged in 1 year or
more after the date the amendments made by subsection (a)(1)
take effect.
SEC. 5. EDUCATING THE PUBLIC.
The Commissioner of Social Security shall plan and implement a
campaign directed at educating the people of the United States about
the new Social Security cards provided for in this Act, and the
requirement that illegal alien adults have such a card. | Non-Citizen Identification Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the issuance of Social Security cards with specified enhanced security features.
Allows the Commissioner of Social Security to charge a reasonable fee to the recipient as a condition for issuance of such a card.
Provides that, in the computation of an individual's average indexed monthly earnings, or in certain circumstances an individual's average monthly wage, the individual shall not be credited with any wages paid, or any self-employment income derived, while such individual was not a U.S. citizen or national and was illegally in the United States.
Requires issuance of special Social Security cards to adult illegal aliens. Prescribes criminal penalties for illegal aliens who do not possess such a Social Security card.
Directs the Commissioner of Social Security to plan and implement a campaign to educate the people of the United States about the new Social Security cards provided for in this Act, and the requirement that illegal alien adults have such a card. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide for the issuance of Social Security cards with enhanced security features, to provide that wages earned, and self-employment income derived, by individuals while such individuals were not citizens or nationals of the United States and were illegally in the United States shall not be credited for coverage under the old-age, survivors, and disability insurance program under such title, and to provide for the issuance of Social Security cards to illegal aliens, and for other purposes."} | 1,788 | 241 | 0.512032 | 1.44088 | 0.582549 | 4.852217 | 7.758621 | 0.901478 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be referred to as the ``Chimney Rock
National Monument Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Chimney Rock National Monument.
Sec. 5. Limitations on effect and scope of Act.
Sec. 6. Management and use of National Monument.
Sec. 7. Development of management plan.
Sec. 8. Acquisition of land.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chimney Rock in Southwestern Colorado contains
nationally significant archeological, geologic, biological,
cultural, educational, recreational, visual, and scenic value.
(2) The unique, thousand-year-old Ancestral Puebloan
community located beneath the prominent Chimney Rock Pinnacles,
with its dramatic 360 degree view of the surrounding landscape,
provides an outstanding opportunity to enhance understanding
and appreciation of the prehistory of North America and the
accomplishments of Native American cultures during that period.
(3) The Chimney Rock Ancestral Puebloan community is one of
the largest Pueblo II period (900-1150 AD) communities in
southwestern Colorado and one of the finest examples of a
Chacoan system ``Outlier''. The Chacoan system was a complex
system of interdependent communities bound by economic, social,
political, and religious relationships. Chimney Rock contains
many outstanding hallmarks of the Chacoan system and
significant archeological resources of other periods.
(4) The design of the Chimney Rock Ancestral Puebloan
community incorporates Ancestral Puebloan knowledge of
astronomy. The twin Chimney Rock Pinnacles, for example, appear
to have served as a frame for viewing astronomical alignments.
(5) Ancestral Puebloan culture is part of the heritage of
many Southwestern Indian cultures, and has influenced the
culture, art and architecture of the Western United States.
(6) The Chimney Rock Ancestral Puebloan community has
special value for the Puebloan and Tribal people of today.
(7) Chimney Rock provides a dramatic record of geological
and astronomical time.
(8) Chimney Rock is a natural laboratory that provides
exceptional opportunities for scientific study in the fields of
geology, ecology, prehistoric archeology, and the ways in which
they interrelate.
(9) Chimney Rock provides abundant opportunities to enhance
the understanding and appreciation by the public of the
achievements and ways of life of the Ancestral Puebloans, in a
rugged and spectacular landscape.
(10) Chimney Rock has long been maintained through
community care and management. Volunteers and volunteer
organizations have provided outstanding educational and
interpretive programs and site stewardship, and have encouraged
academic scientific investigation.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of
Agriculture; and
(2) the term ``National Monument'' means the Chimney Rock
National Monument.
SEC. 4. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT.
(a) Establishment.--In order to preserve, protect, and restore the
archeological, anthropological, geologic, hydrologic, biological,
visual, and scenic resources of Chimney Rock, and to enable the public
(to the extent consistent with the preceding purposes) to fully realize
the scientific, cultural, educational, recreational, visual, and scenic
value of those resources, there is hereby designated the Chimney Rock
National Monument.
(b) Lands and Interests in Land Included in National Monument.--
(1) Lands and interests in land within certain
boundaries.--The National Monument shall consist of all Federal
lands and interests in lands located within its boundaries. The
boundaries of the National Monument shall be the boundaries
depicted on the map entitled ``Boundary Map, Chimney Rock
National Monument'', dated November 24, 2009, as adjusted
pursuant to paragraph (2).
(2) Adjustment of boundaries.--
(A) Inclusion of archeological resources.--The
Secretary may make minor adjustments to the boundaries
of the National Monument to include significant
archeological resources discovered on public land
adjacent to the National Monument after the date of the
enactment of this Act.
(B) Inclusion of acquired lands and interests.--The
Secretary shall adjust the boundaries of the National
Monument to include any land or interest in land
acquired under section 8.
(3) Legal descriptions and map.--
(A) Preparation and submission of legal
descriptions.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall use the
map referred to in paragraph (1) to prepare legal
descriptions of the boundaries of the National
Monument. The Secretary shall submit the legal
descriptions to the Committee on Natural Resources and
the Committee on Agriculture of the House of
Representatives and to the Committee on Energy and
Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(B) Availability of map for public inspection.--The
Secretary shall make the map referred to in paragraph
(1) available for public inspection in appropriate
offices of the United States Forest Service.
(C) Correction of clerical and typographical
errors.--The Secretary may correct clerical and
typographical errors in the legal descriptions and map
referred to in subparagraph (A) and paragraph (1),
respectively.
(c) Designation of Manager.--The Secretary shall designate an
individual as manager of the National Monument as soon as practicable
after development of the management plan under section 7(a).
SEC. 5. LIMITATIONS ON EFFECT AND SCOPE OF ACT.
(a) No Interference With Property Rights.--No provision of this Act
shall interfere with the following:
(1) The property rights of any Indian reservation.
(2) Property rights in any individually held trust lands or
other Indian allotments.
(3) Any interest in land held by the State of Colorado or
by any political subdivision or special district of the State
of Colorado.
(4) Any private property rights in property adjacent to the
National Monument.
(5) The fish and wildlife rights of the State of Colorado
or any tribal government.
(b) Scope of Act.--No provision of this Act--
(1) grants the Secretary new authority over non-Federal
lands; or
(2) creates any Federal reserved water rights.
SEC. 6. MANAGEMENT AND USE OF NATIONAL MONUMENT.
(a) Management and Authorization of Uses.--The Secretary shall
manage and authorize uses of the National Monument (including any use
under subsection (c)) as a unit of the San Juan National Forest in
conformance with the following:
(1) The purposes described in section 4(a).
(2) The management plan developed under section 7(a).
(3) Public Law 96-550 (16 U.S.C. 410ii et seq.).
(4) The Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.).
(5) The policy expressed in the American Indian Religious
Freedom Act (42 U.S.C. 1996).
(6) Treaties providing for nonexclusive access to the
National Monument by Indians for traditional and cultural
purposes.
(b) Vegetation Management.--The Secretary may carry out vegetative
management treatments within the National Monument, except that timber
harvest and the use of prescribed fire may only be used when the
Secretary determines it necessary to address the risk of wildfire,
insects, or diseases that would endanger the National Monument or
imperil public safety.
(c) Authorized Uses.--All uses of the National Monument other than
those authorized by the Secretary shall be prohibited. Authorized uses
of the National Monument may include the following:
(1) Construction of a visitor's center and related exhibit
and curatorial facilities to interpret the scientific and
cultural resources of the National Monument for the benefit of
the general public.
(2) Scientific research (including archeological research)
and educational and interpretive uses.
(3) Acquisition, consolidation, and display of artifacts
found within the National Monument.
(4) The recreational and administrative use of mountain
bikes and motorized vehicles.
(5) Installation, construction, and maintenance of a public
utility right of way within the National Monument for a purpose
described in section 4(a) if the Secretary determines that--
(A) there is no route outside of the National
Monument that will accomplish the purpose; or
(B) the right of way will be located along a State
highway crossing the National Monument.
(6) Grazing uses, through issuance and administration by
the Secretary of grazing leases or permits.
(d) Prohibition on Entry, Appropriation, Disposal, and Other
Uses.--The Federal lands and interests in lands located within the
boundaries of the National Monument are hereby withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the public land
mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
SEC. 7. DEVELOPMENT OF MANAGEMENT PLAN.
(a) Requirement.--Not later than 3 years after the date of the
enactment of this Act, the Secretary, in consultation with Indian
tribes with a cultural or historic tie to the National Monument, shall
develop a management plan for the management and authorization of uses
of the National Monument under section 4(a).
(b) Opportunity for Comment.--In developing the management plan,
the Secretary shall provide an opportunity for comment to local
governments, tribal governments, the State of Colorado, and other
local, State, and national organizations with an interest in the
management and use of the National Monument.
(c) Contents.--The management plan shall--
(1) identify authorized uses for the National Monument;
(2) provide for the continued use of the National Monument
by Indian tribes for traditional ceremonies and as a source of
traditional plants and other materials;
(3) specify permitted uses of artifacts, including whether
certain artifacts may be displayed for educational purposes;
(4) identify visitor carrying capacities; and
(5) designate roads and trails for public and
administrative use.
SEC. 8. ACQUISITION OF LAND.
The Secretary may acquire State, local government, tribal, and
privately held land or interests in land, including conservation
easements, contiguous to the boundaries of the National Monument, for
inclusion in the National Monument only by--
(1) donation;
(2) exchange with a willing party; or
(3) purchase from a willing seller.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Chimney Rock National Monument Act of 2010 - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the archeological, anthropological, geological, hydrologic, biological, visual, and scenic resources of Chimney Rock.
Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument for the inclusion of significant archaeological resources discovered on adjacent public land.
Requires management of, and authorizes use of, the Monument as a unit of San Juan National Forest.
Authorizes the Secretary to carry out vegetative management treatments within the Monument, with the exception of timber harvesting and the use of prescribed fire, which may only be used when necessary to address the risk of wildfire, insects, or diseases.
Prohibits uses of the Monument other than those authorized by the Secretary. Includes as authorized uses: (1) construction of a visitor's center and related exhibit and curatorial facilities to interpret the Monument's scientific and cultural resources; (2) scientific research (including archaeological research) and educational and interpretive uses; (3) acquisition and display of artifacts; (4) recreational use of mountain bikes and motorized vehicles; (5) installation and maintenance of a certain public utility right of way; and (6) grazing uses.
Requires the Secretary to develop a management plan for the Monument, which shall include: (1) providing for the continued use of the Monument by Indian tribes for traditional ceremonies and as a source for traditional plants and other materials; and (2) specifying permitted uses of artifacts. | {"src": "billsum_train", "title": "To establish the Chimney Rock National Monument in the State of Colorado."} | 2,385 | 335 | 0.575647 | 1.765296 | 0.743635 | 4.12 | 7.33 | 0.953333 |
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