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SECTION 1. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency improvement.--
(A) In general.--The term ``energy-efficiency
improvement'' means an installed measure (including a
product, equipment, system, service, or practice) that
results in a reduction in use by a nonprofit
organization for energy or fuel supplied from outside
the nonprofit building.
(B) Inclusions.--The term ``energy-efficiency
improvement'' includes an installed measure described
in subparagraph (A) involving--
(i) repairing, replacing, or installing--
(I) a roof or lighting system, or
component of a roof or lighting system;
(II) a window;
(III) a door, including a security
door; or
(IV) a heating, ventilation, or air
conditioning system or component of the
system (including insulation and wiring
and plumbing improvements needed to
serve a more efficient system);
(ii) a renewable energy generation or
heating system, including a solar,
photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of
the system; and
(iii) any other measure taken to modernize,
renovate, or repair a nonprofit building to
make the nonprofit building more energy
efficient.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building''
means a building operated and owned by a nonprofit
organization.
(B) Inclusions.--The term ``nonprofit building''
includes a building described in subparagraph (A) that
is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a faith-based organization; and
(vi) any other nonresidential and
noncommercial structure.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
award grants for the purpose of retrofitting nonprofit buildings with
energy-efficiency improvements.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
this section if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under this section, the Secretary shall apply
performance-based criteria, which shall give priority to
applications based on--
(A) the energy savings achieved;
(B) the cost-effectiveness of the energy-efficiency
improvement;
(C) an effective plan for evaluation, measurement,
and verification of energy savings;
(D) the financial need of the applicant; and
(E) the percentage of the matching contribution by
the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed--
(A) an amount equal to 50 percent of the energy-
efficiency improvement; and
(B) $200,000.
(5) Cost sharing.--
(A) In general.--A grant awarded under this section
shall be subject to a minimum non-Federal cost-sharing
requirement of 50 percent.
(B) In-kind contributions.--The non-Federal share
may be provided in the form of in-kind contributions of
materials or services.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2016 through 2020, to remain available until expended.
(e) Offset.--Section 422(f) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17082(f)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking ``through 2018.'' and
inserting ``and 2014;''; and
(3) by adding at the end the following:
``(5) $150,000,000 for fiscal year 2015; and
``(6) $200,000,000 for each of fiscal years 2016 through
2018.''. | This bill directs the Department of Energy to establish a pilot program to award matching grants for nonprofit organizations to retrofit their buildings with energy-efficiency improvements. This bill amends the Energy Independence and Security Act of 2007 to decrease the amount of appropriations authorized in FY2015 for the Zero Net Energy Commercial Buildings Initiative. | {"src": "billsum_train", "title": "A bill to require the Secretary of Energy to establish an energy efficiency retrofit pilot program."} | 1,009 | 67 | 0.481321 | 1.039703 | 0.492224 | 2.034483 | 15.672414 | 0.758621 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Native American
Sacred Lands Act''.
(b) Definitions.--For the purposes of this Act, the following
definitions shall apply:
(1) Federal land.--The term ``Federal land'' means any land
or interests in land owned by the United States, including
leasehold interests held by the United States, except Indian
trust lands.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term by section 4(e) of the Indian Self-
Determination and Education Assistance Act.
(3) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given that term in
section 301(18) of the National Historic Preservation Act (16
U.S.C. 470w(18)).
(4) Native science.--The term ``Native science''--
(A) means the oral knowledge of Native Americans
gained throughout history by observation and
experience;
(B) embodies traditional tribal lifestyles and
values;
(C) is based on the fundamental belief of the
sanctity of all life;
(D) is guided by principles that include
interdependency, reciprocity, and the significance of
place;
(E) is a living, spiritual knowledge of the
relationships between the land, natural resources, and
the environment; and
(F) is transferred from one generation to the next
often through oral tradition and practice.
(5) Sacred land.--The term ``sacred land'' means any
geophysical or geographical area or feature which is sacred by
virtue of its traditional cultural or religious significance or
ceremonial use, or by virtue of a ceremonial or cultural
requirement, including a religious requirement that a natural
substance or product for use in Indian tribal or Native
Hawaiian organization ceremonies be gathered from that
particular location.
(6) Undertaking.--The term ``undertaking'' has the same
meaning given that term in section 301(7) of the National
Historic Preservation Act (16 U.S.C. 470w(7)).
(7) Significant damage.--The term ``significant damage''
means any action or activity which results in the loss of the
sacred meaning and value of the site to the affected Indian
tribe or Native Hawaiian organization.
SEC. 2. PROTECTION OF SACRED LANDS.
Each department or agency of the United States with administrative
jurisdiction over the management of Federal land shall--
(1) accommodate meaningful access to and ceremonial use of
Indian sacred lands by Indian religious practitioners;
(2) avoid significant damage to Indian sacred lands; and
(3) consult with Indian tribes and Native Hawaiian
organizations prior to taking significant actions or developing
policies affecting Native American sacred lands.
SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE FOR DEVELOPMENT.
(a) In General.--Federal land shall be designated unsuitable for
any or certain types of undertakings if the head of the department or
agency with administrative jurisdiction over that Federal land decides,
in accordance with this section, that by a preponderance of the
evidence the undertaking is likely to cause significant damage to
Indian sacred lands.
(b) Petition.--
(1) In general.--Any Indian tribe or Native Hawaiian
organization shall have the right to petition any department or
agency of the United States with administrative jurisdiction
over Federal land to have Federal land under the jurisdiction
of that department or agency designated as unsuitable for any
or certain types of undertaking.
(2) Supporting evidence.--Such a petition shall contain
allegations of facts with supporting evidence which would tend
to establish the allegations. Oral history and Native science
shall be given no less weight than any other evidence. After an
Indian tribe or Native Hawaiian organization has filed a
petition under this section, and before the hearing as required
by this subsection, any person may file allegations of facts,
with supporting evidence, that are relevant to the petition.
(c) Hearing.--
(1) In general.--Not later than 90 days after the receipt
of such petition, the department or agency with administrative
jurisdiction over that Federal land involved shall hold a
public hearing on the subject of the petition in the locality
of that Federal land after public notice, including publication
of the date, time, and location of the hearing.
(2) Written decision.--Not later than 60 days after a
hearing held pursuant to this subsection, the head of the
department or agency with administrative jurisdiction over that
Federal land shall issue and furnish to the petitioner and any
other parties to the hearing a written decision regarding the
petition and the reasons for the decision.
(d) Appeal.--Not later than 60 days after a written decision is
issued pursuant to subsection (c)(2), any petitioner or person filing
under section 3(b)(2) may appeal the decision to the appropriate
Federal agency appeals board or through a civil action in accordance
with subsection (e). A decision regarding a petition shall not be
considered final for the purposes of this section until--
(1) the deadline for filing an appeal to the decision has
past and no appeal has been filed; or
(2) if an appeal was timely filed, the appeal has been
heard and decided.
(e) Civil Actions; Jurisdiction; Relief.--
(1) In general.--The United States district courts shall
have original jurisdiction over any civil action or claim
against the Secretary of the Interior or the head of another
Federal agency, as appropriate, arising under this section. In
an action brought under this paragraph, the district courts may
order appropriate relief, including money damages, injunctive
relief against any action by an officer of the United States or
any agency thereof contrary to this Act, or regulations
promulgated thereunder, or mandamus to compel an officer or
employee of the United States, or any agency thereof, to
perform a duty provided under this Act or regulations
promulgated hereunder.
(2) Application of equal access to justice act.--The Equal
Access to Justice Act (Public Law 96-481; Act of October 1,
1980; 92 Stat. 2325; 5 U.S.C. 594; 28 U.S.C. 2412) shall apply
to actions brought under this Act.
(f) Effect of Decision of Unsuitability.--
(1) In general.--A final decision that Federal land
identified by a petition considered pursuant to subsection (b)
is unsuitable for any or certain types of undertakings shall be
immediately effective and the undertaking shall be prohibited.
(2) Withdrawal of lands.--Subject to valid and existing
rights, the Secretary of the Interior shall (with the consent
of the department or agency other than the Department of the
Interior in the case of Federal land not under the
administration of the Secretary of the Interior) withdraw
Federal land included in a decision of unsuitability under this
section pursuant to section 204 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1714). The Secretary's
decision under this section shall constitute the documentation
required to be provided under section 204(c)(12) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1714) and in
compliance with section 4.
(3) Land use plans.--Any decision of unsuitability made for
Federal land under the administrative jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture (with
respect to National Forest System lands) shall be incorporated
into the appropriate land use plan when such plan is adopted,
revised, or significantly amended pursuant to the Federal Land
Policy and Management Act of 1976 or, as the case may be, the
Forest and Rangeland Renewable Resources Planning Act of 1974.
SEC. 4. CONFIDENTIALITY.
(a) In General.--Notwithstanding section 5 of title 5, United
States Code (commonly known as the Freedom of Information Act) or any
other law, no information obtained as a result of or in connection with
a petition filed or a hearing held under this Act that contains a
reference pertaining to a specific detail of a Native American
traditional cultural practice or religion, or the significance of an
Indian or Native Hawaiian sacred land, or the location of that sacred
land, shall be released except as provided in subsection (c).
(b) Release of Information.--
(1) Initial violation.--Any person who intentionally
releases any information knowing that it is required to be held
confidential pursuant to this section shall, upon conviction,
be fined not more than $10,000, or imprisoned not more than 1
year, or both.
(2) Subsequent violations.--In the case of a second or
subsequent violation of this section, a person shall, upon
conviction, be fined not more than $100,000, or imprisoned not
more than 5 years, or both.
(c) Exception.--This section shall not apply in any case in which
all persons filing pursuant to section 3(b), including the petitioner,
waive the application of this section.
SEC. 5. GRANTS.
(a) Authority to Provide Grants.--The Secretary may provide grants
to Indian tribes to assist the Indian tribes in carrying out activities
related to this Act. Such activities may include the acquisition or
management of sacred lands deemed unsuitable for undertaking under this
Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 6. TRANSFER OF LAND.
(a) Authority.--The head of the department or agency with
administrative jurisdiction over Federal land which is sacred land may
take the Federal land into trust for the benefit of the Indian tribe or
Indian tribes for which the land is considered sacred on the condition
that the Indian tribe or Indian tribes for which it is taken into trust
manage the land in perpetuity to protect that sacredness.
(b) Reverter.--If the head of the department or agency that has
taken Federal land into trust under this section determines that the
land is not being managed in perpetuity to protect its sacredness as
required by subsection (a), the land shall be removed from trust and
shall be managed under this Act by the the head of the department or
agency that transferred land under subsection (a).
SEC. 7. COOPERATIVE AGREEMENTS.
The head of the department or agency with administrative
jurisdiction over Federal land which is sacred land may enter into
cooperative agreements with one or more Indian tribes for which the
land is considered sacred to provide for the Indian tribe or Indian
tribes to manage--
(1) that Federal land; and
(2) any adjacent Federal land, if including the adjacent
Federal land would facilitate management of the sacred land by
the Indian tribe or Indian tribes.
SEC. 8. REGULATIONS.
(a) Consultation With Indian Tribes.--In developing regulations
under this Act, the Secretary shall use--
(1) an effective process to permit elected tribal
officials, traditional Native American practitioners, and other
representatives of Indian tribal governments to provide
meaningful and timely input in that development; and
(2) where appropriate, consensual mechanisms, including
negotiated rulemaking.
(b) Effective Date.--This Act shall become effective on the date of
the enactment of this Act. Any failure of the Secretary to promulgate
regulations under this section shall not affect such effective date.
SEC. 9. CONSULTATION UNDER OTHER LAWS.
Nothing in this Act shall affect any consultation process under the
National Historic Preservation Act or any other Federal law. | Native American Sacred Lands Act - Requires managers of Federal land to: (1) accommodate meaningful access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands. Prohibits undertakings likely to cause significant damage to Indian sacred lands.Grants Indian tribes and Native Hawaiian organizations the right to petition the department or agency with administrative jurisdiction to have Federal lands designated as unsuitable for certain undertakings. Permits appeals through the Federal agency appeals board or in U. S. district courts. Provides relief through monetary damages, injunctions, or mandamus.Provides for the withdrawal of lands determined to be unsuitable. Requires Federal land use plans to be modified accordingly. Protects the confidentiality of information in a petition as it pertains to traditional cultural practice, religion, or the significance and location of sacred land. Establishes criminal penalties for violations of such confidentiality. Authorizes the Secretary of the Interior to make grants to assist Indian tribes in activities under this Act (including the acquisition or management of sacred lands deemed unsuitable for undertaking under this Act). Authorizes the head of the department or agency with administrative jurisdiction over Federal sacred land to enter into cooperative agreements with tribes and take the land into trust for the benefit of the Indian tribe if the tribe manages the land to protect its sacredness. Requires the Secretary to consult with Indian tribes in developing regulations. | {"src": "billsum_train", "title": "To protect sacred Native American Federal land from significant damage."} | 2,479 | 333 | 0.532919 | 1.479206 | 0.900264 | 3.712727 | 8.330909 | 0.898182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Education
Opportunity Act''.
SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM.
(a) In General.--Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2000 et seq.) is amended--
(1) by redesignating section 1141 as section 1142; and
(2) by inserting after section 1140 the following:
``SEC. 1141. BUREAU FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT
PROGRAMS.
``(a) Program Authorized.--
``(1) Bureau disbursements.--At the request of Tribes, the
Secretary of the Interior shall, for the 2018-2019 school year
and each subsequent school year, disburse not more than 90
percent of the amounts made available under sections 1127 and
1130 for the school year to such Tribes that administer
education savings account programs to enable the Tribes to
award grants to education savings accounts for ESA eligible
students for such school year, in accordance with subsection
(b).
``(2) Applicability.--This section shall apply with respect
to ESA eligible students who have submitted their application
for participation under this section to the Tribe of which the
student is an enrolled member on or after January 1, 2018.
``(3) Account administration.--
``(A) In general.--A Tribe may enter into an
agreement with a nonprofit entity for the
administration of the accounts created through the
Tribe's education savings account program.
``(B) Nonprofit entity defined.--In this paragraph,
the term `nonprofit entity' means an entity that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(4) Use of funds.--Funds disbursed to a Tribe under this
section may be used for--
``(A) private school tuition and fees;
``(B) textbooks, curriculum, and instructional
materials;
``(C) academic, Native language, or cultural
tutoring;
``(D) educational services and therapies for
students with special needs;
``(E) tuition and fees for a non-public online
learning program;
``(F) educational technology;
``(G) examination fees; or
``(H) transportation to and from a school not to
exceed $2,000 per year, per ESA eligible student.
``(b) Disbursements.--
``(1) Amount.--The amount disbursed by the Secretary of the
Interior under subsection (a) to a Tribe shall be, with respect
to each ESA eligible student for which the Tribe awards a grant
under this section for a school year, the lesser of--
``(A) the amount of the grant provided by the Tribe
to the education savings account of the ESA eligible
student for the applicable school year; and
``(B) 90 percent of the amount that the Secretary
would provide to a Bureau-funded school on behalf of
such student for the applicable school year under
sections 1127 and 1130.
``(2) Quarterly disbursements.--A Tribe that receives a
disbursement amount under subsection (a) shall make quarterly
grant distributions of such amount to education savings
accounts for ESA eligible students.
``(3) Limitation.--A Tribe shall allocate not more than 15
percent of the amount received per pupil under this section to
the administration of the education savings account programs of
the Tribe.
``(4) Roll over and remaining funds in an account.--Not
more than 50 percent of an ESA eligible student's total grant
amount for a school year made under this section may roll over
for use to the following school year.
``(c) Effect on Allotments.--For purposes of any calculation
regarding the total number of eligible Indian students under section
1127, the Secretary shall include all ESA eligible students who
participate in an education savings account program under this section.
``(d) Rule of Construction.--A grant awarded to an ESA eligible
student under this section shall be considered assistance to the
student and shall not be considered assistance to a school that enrolls
the ESA eligible student or any other educational service provider from
which the ESA eligible student receives services.
``(e) Definitions.--In this section:
``(1) ESA eligible student.--
``(A) In general.--The term `ESA eligible student'
means an individual who--
``(i) is--
``(I) an elementary school or
secondary school student who attended a
Bureau-funded school in the semester
preceding the date on which the student
first applies for participation in an
education savings account program; or
``(II) a child who will be eligible
to attend a Bureau-funded school for
kindergarten or any other elementary
school grade in the next semester that
will start after the date on which the
student first applies for participation
in an education savings account
program;
``(ii) will not be attending a Bureau-
funded school, receiving an education savings
account from another Tribe, or attending a
public elementary school or secondary school,
while the student is participating in an
education savings account program of a Tribe;
and
``(iii) meets any eligibility requirements
of the education savings account program of the
Tribe in which the student applies to
participate.
``(B) Period of eligibility.--A student who meets
the requirements of clauses (i) and (iii) of
subparagraph (A) for a school year and who was an
enrolled member of the Tribe to which the student
submitted an application for participation in the
education savings account program of the Tribe at the
time of submitting the application to the Tribe shall
be deemed to meet the requirements of such clauses
until the date on which the student graduates high
school or reaches the age of 21 years, whichever occurs
first.
``(2) Education savings account program.--The term
`education savings account program' means a program
administered by a Tribe in which the Tribe awards a grant to an
account controlled by a parent of an elementary school or
secondary school student from which the parent may purchase
goods and services needed for the education of the student.
``(3) Parent.--The term `parent' means a parent, guardian,
custodian, or other person with the authority to act on behalf
of an ESA eligible student.
``(4) Tribe.--The term `Tribe' means any recognized Indian
tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized
Indian Tribe Act of 1994 (25 U.S.C. 5131).''.
(b) Conforming Amendment.--Section 1126(c) of the Education
Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking ``section
1141(12)'' and inserting ``section 1142(12)''.
(c) GAO Study.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a review of the implementation of the
amendments made by this Act during the preceding 3-year period,
including any factors impacting increased participation in
education savings account programs established pursuant to the
amendments made by this Act;
(2) submit a report describing the results of the review
under paragraph (1) to--
(A) the Committee on Indian Affairs of the Senate;
and
(B) the Subcommittee on Indian, Insular and Alaska
Native Affairs of the Committee on Natural Resources of
the House of Representatives; and
(3) publish the report under paragraph (2). | Native American Education Opportunity Act This bill amends the Education Amendments of 1978 to require the Bureau of Indian Affairs (BIA), at the request of a federally recognized Indian tribe, to provide funds for tribal education savings account programs to make grants to education savings accounts for students who: (1) attended or will be eligible to attend a BIA-funded school; (2) will not be attending a BIA-funded school, receiving an education savings account from another tribe, or attending public elementary or secondary school while participating in the program; and (3) meet program eligibility requirements. Funds may be used for: private school tuition and fees; textbooks, curriculum, and instructional materials; academic, Native language, or cultural tutoring; educational services and therapies for students with special needs; tuition and fees for a private online learning program; educational technology; examination fees; or transportation to and from school. Three years after this bill's enactment, the Government Accountability Office must review the implementation of the bill, including any factors impacting increased participation in education savings account programs. | {"src": "billsum_train", "title": "Native American Education Opportunity Act"} | 1,751 | 237 | 0.625994 | 1.688457 | 0.836115 | 3.171296 | 7.287037 | 0.884259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Industry Accountability Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Across the Nation, local communities are bringing
rightful legal claims against the gun industry to seek changes
in the manner in which the industry conducts business in the
civilian market in those communities.
(2) Since firearms are the only widely available consumer
product designed to kill, firearm manufactures, distributors,
and retailers have a special responsibility to take into
account the health and safety of the public in marketing
firearms.
(3) The gun industry has failed in this responsibility by
engaging in practices that have contributed directly to the
terrible burden of firearm-related violence on society.
(4) The gun industry has generally refused to include
numerous safety devices with their products, including devices
to prevent the unauthorized use of a firearm, indicators that a
firearm is loaded, and child safety locks, and the absence of
such safety devices has rendered these products unreasonably
dangerous.
(5) The gun industry has also engaged in distribution
practices in which the industry oversupplies certain legal
markets with firearms with the knowledge that the excess
firearms will be distributed into nearby illegal markets.
(6) According to the National Center for Injury Prevention
and Control--
(A) at least 80 percent of the economic costs of
treating firearms injuries are paid for by taxpayer
dollars; and
(B) in 1990, firearm injuries resulted in costs of
more than $24,000,000,000 in hospital and other medical
care for long-term disability and premature death.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal damages.--The term ``Federal damages'' means
the amount of damages sustained by the Federal Government as a
result of the sale, distribution, use or misuse of a firearm
(including gun violence) including damages relating to medical
expenses, the costs of continuing care and disabilities, law
enforcement expenses, and lost wages.
(2) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(3) Gun violence.--The term ``gun violence'' means any
offense under Federal or State law that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code); and
(B) involves the use of a firearm.
(4) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 921 of title 18, United
States Code;
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(6) Unit of local government.--The term ``unit of local
government'' means any city, town, township, county, parish,
village, or other general purpose political subdivision of a
State.
SEC. 4. RECOVERY OF FEDERAL DAMAGES BY STATES AND UNITS OF LOCAL
GOVERNMENT SEEKING FEDERAL DAMAGES.
(a) In General.--In any civil action by a State or unit of local
government against a manufacturer of firearms to recover damages
relating to the sale, distribution, use or misuse of a firearm
(including gun violence) in the State or unit of local government, the
State or unit of local government may, in addition to other damages,
recover any Federal damages associated with the claim as provided in
this section.
(b) Federal Actions.--If the Attorney General files an action
against a manufacturer of firearms to recover Federal damages, a State
or unit of local government may not recover those Federal damages under
this section in any action filed on or after the date on which the
Attorney General files that action.
(c) Actions Brought by a State or Unit of Local Government.--
(1) Notice of civil action.--A State or unit of local
government seeking to recover Federal damages under this
section shall serve a copy of the complaint on Attorney General
in accordance with rule 4 of the Federal Rules of Civil
Procedure.
(2) Entry of appearance.--If the Attorney General is served
under paragraph (1), the Attorney General may proceed with the
action by entering an appearance before the expiration of the
30-day period beginning on the date on which the Attorney
General is served under paragraph (1).
(3) Effect of failure to enter appearance or proceed with
the action.--If a State or unit of local government serves the
Attorney General under paragraph (1), the State of unit of
local government may recover Federal damages under this section
only if the Attorney General--
(A) fails to enter an appearance in the action in
accordance with paragraph (2) or gives written notice
to the court of an intent not to enter the action; or
(B) does not proceed with the action before the
expiration of the 6-month period (or such additional
period as the court may allow after notice) beginning
on the date on which the Attorney General enters an
appearance under paragraph (2).
(4) Limitation.--If the Attorney General enters an
appearance under paragraph (2) and proceeds with the action
before the expiration of the 6-month period described in
paragraph (3)(B), the State or unit of local government may not
recover Federal damages under this section.
(d) Prevention of Dual Recovery of Federal Damages.--If there is a
conflict between a State and 1 or more units of local government within
the State over which jurisdiction may recover Federal damages under
this section on behalf of a certain area in the State, only the first
jurisdiction to file an action described in subsection (a) may recover
those Federal damages.
(e) Federal Right to Damages in Other Actions.--The recovery of
Federal damages by a State or unit of local government under this
section may not be construed to waive any right of the Federal
Government to recover other Federal damages in an action by the
Attorney General.
(f) Dismissal or Compromise.--
(1) In general.--In an action for Federal damages brought
by a State or unit of local government under this section--
(A) the action may not be dismissed or compromised
without the approval of the court; and
(B) notice of the proposed dismissal or compromise
shall be given to the Attorney General in such manner
as the court directs.
(2) Court approval.--In approving the dismissal or
compromise of an action described in paragraph (1), the court
shall--
(A) state whether the dismissal or compromise is
with or without prejudice to the right of the Federal
Government to bring an action for the Federal damages
at issue; and
(B) determine the percentage of any amount
recovered by the State or unit of local government that
represents Federal damages.
(g) Distribution and Use of Federal Damages Recovered.--Of the
total amount of Federal damages recovered by a State or local
government under this section (including any amount recovered pursuant
to a dismissal or compromise under subsection (f))--
(1) \1/3\ shall be paid to the Federal Government, to be
used for crime prevention, mentoring programs, and firearm
injury prevention research and activities; and
(2) \2/3\ shall be retained by the State or unit of local
government, of which--
(A) \1/3\ shall be used for--
(i) law enforcement activities;
(ii) families of law enforcement officers
injured or killed in the line of duty as a
result of gun violence; and
(iii) a compensation fund for the victims
of gun violence; and
(B) \1/3\ shall be used for education (reduce class
size, school modernization, after school, summer
school, and tutoring), child care, or children's health
care; and
(C) \1/3\ may be used by the State or unit of local
government in the discretion of the State or unit of
local government.
(h) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
only applies to an action described in subsection (a) that is
filed on or after the date of enactment of this Act.
(2) Amendment of complaint in pending actions.--This
section applies to an action described in subsection (a) that
is filed before the date of enactment of this Act, if--
(A) as of such date of enactment, there has been no
dismissal, compromise, or other final disposition of
the action; and
(B) after such date of enactment, the State or unit
of local government amends the complaint to include
relief for Federal damages pursuant to this section. | Gun Industry Accountability Act - Provides that in any civil action by a State or local government against a manufacturer of firearms to recover damages relating to the sale, distribution, use, or misuse of a firearm (including gun violence) within the State or local governmental area, the State or local government may recover Federal damages associated with the claim.
Bars the State or local government from recovering Federal damages with respect to which the Attorney General files an action against a firearms manufacturer.
Sets forth procedures regarding actions brought by a State or local government, including notice of civil action, entry of appearance, effect of failure to enter an appearance or proceed with the action, prevention of dual recovery of Federal damages (if there is a conflict between a State and one or more local governments within the State), and dismissal or compromise.
Establishes a formula for the distribution and use of Federal damages recovered by a State or local government. | {"src": "billsum_train", "title": "Gun Industry Accountability Act"} | 1,866 | 199 | 0.459417 | 1.321594 | 0.957719 | 3.618785 | 9.939227 | 0.922652 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare
Protection and Fairness Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INCREASE IN PAYMENTS FOR INPATIENT HOSPITAL SERVICES
Sec. 101. Elimination of reduction to market basket percentage increase
in fiscal years 2001 and 2002.
Sec. 102. Increase in payments for disproportionate share hospitals
(DSH) in fiscal years 2001 and 2002.
Sec. 103. Elimination of reduction in payments for indirect costs of
graduate medical education (IME).
TITLE II--INCREASE IN PAYMENTS FOR HOME HEALTH SERVICES
Sec. 201. Elimination of 15 percent reduction under the prospective
payment system.
TITLE III--INCREASE IN PAYMENTS TO MEDICARE+CHOICE ORGANIZATIONS
Subtitle A--Modifications to Risk Adjustment Methodology
Sec. 301. Application of budget neutrality principle to the new
Medicare+Choice risk adjustment
methodology.
Sec. 302. 10-year phase in for risk adjustment.
Subtitle B--Modifications to the Blended Capitation Rate
Sec. 311. Election of application in 2001 and 2002 of 50:50 area-
specific and national percentages.
Sec. 312. Increase in national per capita Medicare+Choice growth
percentage in 2001 and 2002.
Subtitle C--Reporting Requirements for Medicare Health Care Services
Furnished in Military Treatment Facilities
Sec. 321. Reporting costs incurred under Medicare Subvention
Demonstration Project for military
retirees.
TITLE I--INCREASE IN PAYMENTS FOR INPATIENT HOSPITAL SERVICES
SEC. 101. ELIMINATION OF REDUCTION TO MARKET BASKET PERCENTAGE INCREASE
IN FISCAL YEARS 2001 AND 2002.
Section 1886(b)(3)(B)(i) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(i)) is amended--
(1) by striking subclauses (XVI) and (XVII);
(2) by inserting ``and'' at the end of subclause (XV);
(3) by redesignating subclause (XVIII) as subclause (XVI);
and
(4) in subclause (XVI), as so redesignated, by striking
``2003'' and inserting ``2001''.
SEC. 102. INCREASE IN PAYMENTS FOR DISPROPORTIONATE SHARE HOSPITALS
(DSH) IN FISCAL YEARS 2001 AND 2002.
Section 1886(d)(5)(F)(ix) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(F)(ix)) is amended--
(1) in subclause (III), by striking ``each of fiscal years
2000 and 2001,'' and inserting ``fiscal year 2000,''; and
(2) in subclause (IV)--
(A) by striking ``fiscal year 2002,'' and inserting
``each of fiscal years 2001 and 2002,''; and
(B) by striking ``reduced by 4 percent'' and
inserting ``reduced by 2 percent''.
SEC. 103. ELIMINATION OF REDUCTION IN PAYMENTS FOR INDIRECT COSTS OF
GRADUATE MEDICAL EDUCATION (IME).
Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(B)) is amended--
(1) by striking subclauses (V), and (VI);
(2) by adding ``and'' at the end of subclause (III); and
(3) in subclause (IV)--
(A) by striking ``during fiscal year 2000,'' and
inserting ``on or after October 1, 1999,''; and
(B) by striking the semicolon at the end and
inserting a period.
TITLE II--INCREASE IN PAYMENTS FOR HOME HEALTH SERVICES
SEC. 201. ELIMINATION OF 15 PERCENT REDUCTION UNDER THE PROSPECTIVE
PAYMENT SYSTEM.
(a) In General.--Section 1895(b)(3)(A) of the Social Security Act
(42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f)
of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
1999 (113 Stat. 1501A-359, 361), as enacted into law by section
1000(a)(6) of Public Law 106-113, is amended to read as follows:
``(A) Initial basis.--Under such system the
Secretary shall provide for computation of a standard
prospective payment amount (or amounts). Such amount
(or amounts) shall initially be based on the most
current audited cost report data available to the
Secretary and shall be computed in a manner so that the
total amounts payable under the system for the 12-month
period beginning on the date the Secretary implements
the system shall be equal to the total amount that
would have been made if the system had not been in
effect and if section 1861(v)(1)(L)(ix) had not been
enacted. Each such amount shall be standardized in a
manner that eliminates the effect of variations in
relative case mix and area wage adjustments among
different home health agencies in a budget neutral
manner consistent with the case mix and wage level
adjustments provided under paragraph (4)(A). Under the
system, the Secretary may recognize regional
differences or differences based upon whether or not
the services or agency are in an urbanized area.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113).
TITLE III--INCREASE IN PAYMENTS TO MEDICARE+CHOICE ORGANIZATIONS
Subtitle A--Modifications to Risk Adjustment Methodology
SEC. 301. APPLICATION OF BUDGET NEUTRALITY PRINCIPLE TO THE NEW
MEDICARE+CHOICE RISK ADJUSTMENT METHODOLOGY.
(a) In General.--Section 1853(a)(3) of the Social Security Act (42
U.S.C. 1395w-23(a)(3)) is amended by adding at the end the following
new subparagraph:
``(E) Implementation in a budget neutral manner.--
The methodology under this paragraph shall be designed
and implemented in a manner so that it does not result
in any material change in the aggregate level of
expenditures under this title compared to the level
that would have occurred if such methodology had not
been implemented (and if the previous risk adjustment
methodology used in 1998 had continued to be
implemented).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies to payments
for months beginning on or after January 2001.
SEC. 302. 10-YEAR PHASE-IN FOR RISK ADJUSTMENT.
Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(a)(3)(C)(ii)) is amended to read as follows:
``(ii) Phase-in.--Such risk adjustment
methodology shall be implemented in a phased-in
manner so that the methodology insofar as it
makes adjustments to capitation rates for
health status applies to 10 percent of \1/12\
of the annual Medicare+Choice capitation rate
in each of 2000 through 2009.
Subtitle B--Modifications to the Blended Capitation Rate
SEC. 311. ELECTION OF APPLICATION IN 2001 AND 2002 OF 50:50 AREA-
SPECIFIC AND NATIONAL PERCENTAGES.
Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-
23(c)(2)) is amended--
(1) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(2) by adding after and below subparagraph (F) the
following: ``except that for either or both 2001 and 2002, a
Medicare+Choice organization may elect to apply subparagraph (F)
(rather than, with respect to 2001, subparagraph (D) or, with respect
to 2002, subparagraph (E)).''.
SEC. 312. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH
PERCENTAGE IN 2001 AND 2002.
Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
23(c)(6)(B)) is amended--
(1) by adding ``and'' at the end of clause (iii);
(2) by striking clauses (iv) and (v); and
(3) in clause (vi), by redesignating such clause as clause
(iv) and by striking ``2002'' and inserting ``2000''.
Subtitle C--Reporting Requirements for Medicare Health Care Services
Furnished in Military Treatment Facilities
SEC. 321. REPORTING COSTS INCURRED UNDER MEDICARE SUBVENTION
DEMONSTRATION PROJECT FOR MILITARY RETIREES.
(a) In General.--Section 1896 of the Social Security Act (42 U.S.C.
1395ggg) is amended by adding at the end the following new subsection:
``(l) Reporting Costs Incurred Under the Project for Purposes of
Calculating Medicare+Choice Payment Rates.--
``(1) Determination of costs.--For a year in which the
project is carried out in a military treatment facility, the
facility shall determine the aggregate costs that are incurred
under the project (and for which payment will be made from the
trust funds) for furnishing medicare health care services to
medicare-eligible military retirees or dependents under the
project in that year.
``(2) Report of calculated costs.--For purposes of
including the costs incurred under the project (as described in
paragraph (1)) in the calculation the annual Medicare+Choice
capitation rates in each Medicare+Choice payment area, a
military treatment facility shall submit to the Secretary the
determination made under paragraph (1) by not later than March
31 of the year that follows the year for which the facility has
made such determination.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to years beginning on or after January 1, 2000. | Title II: Increase in Payments for Home Health Services
- Amends SSA title XVIII with regard to the prospective payment system (PPS) for home health services to eliminate the 15 percent reduction in the cost limits and per beneficiary limits under such PPS.
Makes such amendment effective as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999.
Title III: Increase in Payments to Medicare+Choice Organizations
-
Subtitle A: Modifications to Risk Adjustment Methodology
- Amends SSA title XVIII part C (Medicare+Choice) with respect to payments to Medicare+Choice organizations to require that the Medicare+Choice risk adjustment methodology be implemented in a budget neutral manner. Provides for a ten year phased-in implementation of such methodology.
Subtitle B: Modifications to the Blended Capitation Rate
- Authorizes Medicare+Choice organizations to elect to apply blended capitation rate area-specific and national percentages for 2001 and 2002 (instead of one or the other in different years). Provides for an increase in the national per capita Medicare+Choice growth percentage in 2001 and 2002.
Subtitle C: Reporting Requirements for Medicare Health Care Services Furnished in Military Treatment Facilities
- Amends SSA title XVIII with respect to the Medicare subvention demonstration project for military retirees to add reporting requirements for costs incurred under the project for purposes of calculating Medicare+Choice payment rates. | {"src": "billsum_train", "title": "Medicare Protection and Fairness Act of 2000"} | 2,521 | 346 | 0.67692 | 2.045289 | 0.77129 | 3.444882 | 7.452756 | 0.909449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Mammography Quality Standards Act''.
SEC. 2. MAMMOGRAPHY QUALITY STANDARDS.
(a) In General.--(1) Subchapter II of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7319. Mammography quality standards
``(a) A mammogram may not be performed at a Department facility
unless that facility is accredited for that purpose by a private
nonprofit organization designated by the Secretary. An organization
designated by the Secretary under this subsection shall meet the
standards for accrediting bodies established under section 354(e) of
the Public Health Service Act (42 U.S.C. 263b(e)).
``(b) The Secretary, in consultation with the Secretary of Health
and Human Services, shall prescribe quality assurance and quality
control standards relating to the performance and interpretation of
mammograms and use of mammogram equipment and facilities of the
Department of Veterans Affairs consistent with the requirements of
section 354(f)(1) of the Public Health Service Act. Such standards
shall be no less stringent than the standards prescribed by the
Secretary of Health and Human Services under section 354(f) of the
Public Health Service Act.
``(c)(1) The Secretary, to ensure compliance with the standards
prescribed under subsection (b), shall provide for an annual inspection
of the equipment and facilities used by and in Department health care
facilities for the performance of mammograms. Such inspections shall be
carried out in a manner consistent with the inspection of certified
facilities by the Secretary of Health and Human Services under section
354(g) of the Public Health Service Act.
``(2) The Secretary may not provide for an inspection under
paragraph (1) to be performed by a State agency.
``(d) The Secretary shall ensure that mammograms performed for the
Department under contract with any non-Department facility or provider
conform to the quality standards prescribed by the Secretary of Health
and Human Services under section 354 of the Public Health Service Act.
``(e) For the purposes of this section, the term `mammogram' has
the meaning given such term in paragraph (5) of section 354(a) of the
Public Health Service Act (42 U.S.C. 263b(a)).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7318 the
following new item:
``7319. Mammography quality standards.''.
(b) Deadline for Prescribing Standards.--The Secretary of Veterans
Affairs shall prescribe standards under subsection (b) of section 7319
of title 38, United States Code, as added by subsection (a), not later
than the end of the 120-day period beginning on the later of--
(1) the date on which the Secretary of Health and Human
Services prescribes quality standards under section 354(f) of
the Public Health Service Act (42 U.S.C. 263b(f)); or
(2) the date of the enactment of this Act.
(c) Transition.--(1) Subsection (a) of section 7319 of title 38,
United States Code, as added by subsection (a), shall take effect on
the date on which standards are prescribed by the Secretary of Veterans
Affairs under subsection (b) of that section.
(2) During the transition period, the Secretary of Veterans Affairs
may waive the requirement of subsection (a) of section 7319 of title
38, United States Code, as added by subsection (a), to any facility of
the Department. The Secretary may provide such a waiver in the case of
any facility only if the Secretary determines, based upon the
recommendation of the Under Secretary for Health of the Department of
Veterans Affairs, that during the period such a waiver is in effect for
such facility (including any extension of the waiver under paragraph
(3)) the facility will be operated in accordance with standards
prescribed by the Secretary under subsection (b) of such section to
assure the safety and accuracy of mammography services provided.
(3) The transition period for purposes of this section is the six-
month period beginning on the date specified in paragraph (1). The
Secretary may extend such period for a period not to exceed 90 days in
the case of any Department facility. Any such extension may be made
only if the Under Secretary for Health determines that--
(A) without the extension access of veterans to mammography
services in the geographic area served by the facility would be
significantly reduced; and
(B) appropriate steps will be taken before the end of the
transition period (as extended) to obtain accreditation of the
facility as required by subsection (a) of section 7319 of title
38, United States Code, as added by subsection (a).
(d) Implementation Report.--The Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the Secretary's implementation of
section 7319 of title 38, United States Code, as added by subsection
(a). The report shall be submitted not later than 180 days after the
date on which the Secretary prescribes the quality standards required
under subsection (b) of that section. | Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act).
Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act. Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act. Provides for: (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees. | {"src": "billsum_train", "title": "Department of Veterans Affairs Mammography Quality Standards Act"} | 1,138 | 227 | 0.715958 | 1.999863 | 0.81438 | 2.73262 | 5.721925 | 0.903743 |
SECTION 1. PERMANENT EXTENSION AND INCREASE OF DEDUCTION FOR HEALTH
INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) Permanent Extension.--Subsection (l) of section 162 of the
Internal Revenue Code of 1986 (relating to special rules for health
insurance costs of self-employed individuals) is amended by striking
paragraph (6).
(b) Increase in Deduction.--Paragraph (1) of section 162(l) of the
Internal Revenue Code of 1986 is amended by striking ``25 percent'' and
inserting ``30 percent''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1993.
(2) Increase.--The amendment made by subsection (b) shall apply
to taxable years beginning after December 31, 1994.
SEC. 2. REPEAL OF NONRECOGNITION ON FCC CERTIFIED SALES AND EXCHANGES.
(a) In General.--Subchapter O of chapter 1 of the Internal Revenue
Code of 1986 is amended by striking part V (relating to changes to
effectuate FCC policy).
(b) Conforming Amendments.--Sections 1245(b)(5) and 1250(d)(5) of
the Internal Revenue Code of 1986 are each amended--
(1) by striking ``section 1071 (relating to gain from sale or
exchange to effectuate polices of FCC) or'', and
(2) by striking ``1071 and'' in the heading thereof.
(c) Clerical Amendment.--The table of parts for such subchapter O
is amended by striking the item relating to part V.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) sales and exchanges on or after January 17, 1995, and
(B) sales and exchanges before such date if the FCC tax
certificate with respect to such sale or exchange is issued on
or after such date.
(2) Binding contracts.--
(A) In general.--The amendments made by this section shall
not apply to any sale or exchange pursuant to a written
contract which was binding on January 16, 1995, and at all
times thereafter before the sale or exchange, if the FCC tax
certificate with respect to such sale or exchange was applied
for, or issued, on or before such date.
(B) Sales contingent on issuance of certificate.--
(i) In general.--A contract shall be treated as not
binding for purposes of subparagraph (A) if the sale or
exchange pursuant to such contract, or the material terms
of such contract, were contingent, at any time on January
16, 1995, on the issuance of an FCC tax certificate. The
preceding sentence shall not apply if the FCC tax
certificate for such sale or exchange is issued on or
before January 16, 1995.
(ii) Material terms.--For purposes of clause (i), the
material terms of a contract shall not be treated as
contingent on the issuance of an FCC tax certificate solely
because such terms provide that the sales price would, if
such certificate were not issued, be increased by an amount
not greater than 10 percent of the sales price otherwise
provided in the contract.
(3) FCC tax certificate.--For purposes of this subsection, the
term ``FCC tax certificate'' means any certificate of the Federal
Communications Commission for the effectuation of section 1071 of
the Internal Revenue Code of 1986 (as in effect on the day before
the date of the enactment of this Act).
SEC. 3. SPECIAL RULES RELATING TO INVOLUNTARY CONVERSIONS.
(a) Replacement Property Acquired by Corporations From Related
Persons.--
(1) In general.--Section 1033 of the Internal Revenue Code of
1986 (relating to involuntary conversions) is amended by
redesignating subsection (i) as subsection (j) and by inserting
after subsection (h) the following new subsection:
``(i) Nonrecognition Not To Apply if Corporation Acquires
Replacement Property From Related Person.--
``(1) In general.--In the case of--
``(A) a C corporation, or
``(B) a partnership in which 1 or more C corporations own,
directly or indirectly (determined in accordance with section
707(b)(3)), more than 50 percent of the capital interest, or
profits interest, in such partnership at the time of the
involuntary conversion,
subsection (a) shall not apply if the replacement property or stock
is acquired from a related person. The preceding sentence shall not
apply to the extent that the related person acquired the
replacement property or stock from an unrelated person during the
period described in subsection (a)(2)(B).
``(2) Related person.--For purposes of this subsection, a
person is related to another person if the person bears a
relationship to the other person described in section 267(b) or
707(b)(1).''
(2) Effective date.--The amendment made by paragraph (1) shall
apply to involuntary conversions occurring on or after February 6,
1995.
(b) Application of Section 1033 to Certain Sales Required for
Microwave Relocation.--
(1) In general.--Section 1033 of the Internal Revenue Code of
1986 (relating to involuntary conversions), as amended by
subsection (a), is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the following
new subsection:
``(j) Sales or Exchanges To Implement Microwave Relocation
Policy.--
``(1) In general.--For purposes of this subtitle, if a taxpayer
elects the application of this subsection to a qualified sale or
exchange, such sale or exchange shall be treated as an involuntary
conversion to which this section applies.
``(2) Qualified sale or exchange.--For purposes of paragraph
(1), the term `qualified sale or exchange' means a sale or exchange
before January 1, 2000, which is certified by the Federal
Communications Commission as having been made by a taxpayer in
connection with the relocation of the taxpayer from the 1850-
1990MHz spectrum by reason of the Federal Communications
Commission's reallocation of that spectrum for use for personal
communications services. The Commission shall transmit copies of
certifications under this paragraph to the Secretary.''
(2) Effective date.--The amendment made by paragraph (1) shall
apply to sales or exchanges after March 14, 1995.
SEC. 4. DENIAL OF EARNED INCOME CREDIT FOR INDIVIDUALS HAVING EXCESSIVE
INVESTMENT INCOME.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by redesignating subsections (i) and (j) as subsections (j) and
(k), respectively, and by inserting after subsection (h) the following
new subsection:
``(i) Denial of Credit for Individuals Having Excessive Investment
Income.--
``(1) In general.--No credit shall be allowed under subsection
(a) for the taxable year if the aggregate amount of disqualified
income of the taxpayer for the taxable year exceeds $2,350.
``(2) Disqualified income.--For purposes of paragraph (1), the
term `disqualified income' means--
``(A) interest or dividends to the extent includible in
gross income for the taxable year,
``(B) interest received or accrued during the taxable year
which is exempt from tax imposed by this chapter, and
``(C) the excess (if any) of--
``(i) gross income from rents or royalties not derived
in the ordinary course of a trade or business, over
``(ii) the sum of--
``(I) the deductions (other than interest) which
are clearly and directly allocable to such gross
income, plus
``(II) interest deductions properly allocable to
such gross income.''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 5. EXTENSION OF SPECIAL RULE FOR CERTAIN GROUP HEALTH PLANS.
Section 13442(b) of the Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66) is amended by striking ``May 12, 1995'' and
inserting ``December 31, 1995''.
SEC. 6. STUDY OF EXPATRIATION TAX.
(a) In General.--The staff of the Joint Committee on Taxation shall
conduct a study of the issues presented by any proposals to affect the
taxation of expatriation, including an evaluation of--
(1) the effectiveness and enforceability of current law with
respect to the tax treatment of expatriation,
(2) the current level of expatriation for tax avoidance
purposes,
(3) any restrictions imposed by any constitutional requirement
that the Federal income tax apply only to realized gains,
(4) the application of international human rights principles to
taxation of expatriation,
(5) the possible effects of any such proposals on the free flow
of capital into the United States,
(6) the impact of any such proposals on existing tax treaties
and future treaty negotiations,
(7) the operation of any such proposals in the case of
interests in trusts,
(8) the problems of potential double taxation in any such
proposals,
(9) the impact of any such proposals on the trade policy
objectives of the United States,
(10) the administrability of such proposals, and
(11) possible problems associated with existing law, including
estate and gift tax provisions.
(b) Report.--The Chief of Staff of the Joint Committee on Taxation
shall, not later than June 1, 1995, report the results of the study
conducted under subsection (a) to the Chairmen of the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Internal Revenue Code to make permanent the deduction for health insurance costs of self-employed individuals. Makes such provision effective beginning after December 31, 1993. Increases such deduction from 25 percent to 30 percent effective beginning after December 31, 1994. Repeals provisions that provide for nonrecognition of gain from sales and exchanges certified by the Federal Communications Commission (FCC) to be necessary or appropriate to effectuate FCC policies regarding ownership and control of radio stations. Makes this amendment effective with respect to sales and exchanges on or after January 17, 1995 (or before such date if the FCC tax certificate is issued on or after that date). States rules for determining whether a contract for sale or exchange was binding before such date and therefore outside the application of this amendment. Treats a contract as non-binding if the sale or exchange, or the material terms of the contract, were contingent, on January 16, 1995, on the issuance of a certificate. Provides that a contract's material terms shall not be treated as contingent on such issuance solely because the terms provide that the sales price would otherwise be increased by an amount not more than ten percent of the sales price. Provides that the rules on nonrecognition of gain from involuntary conversions do not apply, in the case of a C corporation or a partnership in which one or more C corporations own more than 50 percent of the partnership's capital or profits interests at the time of the conversion, if the replacement property or stock is acquired from a related person. Makes such rules applicable to qualified sales or exchanges relating to certain reallocations by the FCC of microwave spectrums for use for personal communications services. Denies the earned income tax credit for individuals who earn more than $2,350 of investment income for a taxable year. Extends, through December 31, 1995, the disallowance of employer deductions of amounts paid or incurred in connection with a group health plan if the plan does not reimburse hospitals for inpatient services provided in New York at the same rate required of licensed commercial insurers for services to individuals not covered by a group health plan. Requires a study and report by the Joint Committee on Taxation of the issues presented by any proposals affecting the taxation of expatriation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permanently extend the deduction for the health insurance costs of self-employed individuals, to repeal the provision permitting nonrecognition of gain on sales and exchanges effectuating policies of the Federal Communications Commission, and for other purposes."} | 2,240 | 498 | 0.656762 | 2.201393 | 0.77189 | 2.886047 | 4.6 | 0.853488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Quality Teaching Act of 2009''.
SEC. 2. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO PROVIDE TARGETED
ASSISTANCE TO HIGH NEED SCHOOLS TO RECRUIT, SUPPORT, AND
RETAIN HIGHLY QUALIFIED AND EFFECTIVE TEACHERS.
(a) In General.--Part A of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at
the end the following new subpart:
``Subpart 6--Targeted High Need Initiative
``SEC. 2161. GRANTS TARGETING SCHOOLS HAVING HIGHEST NEED FOR HIGHLY
QUALIFIED AND EFFECTIVE TEACHERS.
``(a) In General.--The Secretary shall make competitive grants to
selected local educational agencies to recruit, support, and retain
highly qualified and effective teachers through participation in the
Targeted High Need Initiative program of the National Board for
Professional Teaching Standards.
``(b) Limitation on Number of Assisted Agencies.--Not more than 250
local educational agencies shall be selected by the Secretary to
receive grants under this section.
``(c) Priorities.--In making such grants, the Secretary shall give
priority to local educational agencies--
``(1) having the highest number of students from a
traditionally disadvantaged background, including students who
receive free or reduced priced meals, students belonging to a
minority subgroup, students with limited English proficiency,
or migratory children;
``(2) having the highest number of schools identified for
school improvement, corrective action, or restructuring under
section 1116(b); and
``(3) having the lowest number of teachers who are
certified by the National Board of Professional Teaching
Standards.
``(d) Selection Process.--
``(1) In general.--To be eligible to receive a grant under
this section, a local educational agency shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Review by state educational agency.--Applications
received by a State educational agency under paragraph (1)
shall be submitted to the Secretary (at such time, in such
manner, and containing such information as the Secretary may
require) together with recommendations by the State educational
agency as to--
``(A) which local educational agencies have the
highest need; and
``(B) which should be given preference based on
criteria specified by the State educational agency.
Such criteria may include the distribution of such grants
between urban and rural areas, the number of limited English
proficient children, and the number of schools needing
assistance.
``(3) Contents of application.--The application under
paragraph (1) shall describe the following:
``(A) The partnership that such agency will form
with an institution of higher education or other
appropriate entity to carry out the activities
described in subsection (e).
``(B) How such agency will use funds received under
this section to participate in the Targeted High Need
Initiative program of the National Board for
Professional Teaching Standards.
``(C) Identify the initial 25 classroom teachers,
and at least 1 superintendent, principal, or vice
principal, who have agreed to be mentors under such
program.
``(e) Use of Funds.--A local educational agency that receives a
grant under this section shall use the funds made available through the
grant for the following:
``(1) Establish the partnership referred to subsection
(d)(3)(A).
``(2) Support teachers through the Targeted High Need
Initiative program of the National Board for Professional
Teaching Standards through training, professional development,
mentoring and technological resources.
``(3) Fully fund the assessment fee for all eligible
teachers who apply to be certified by such Board and who agree
to remain at the participating school for at least 3 years
after completing the certification.
``(4) Provide a $1,000 award to each teacher who is
certified by such Board after completing participation in such
a Targeted High Need Initiative program.
``(5) Provide sponsoring schools with a $500 award for each
teacher described in paragraph (4).
``(6) Conduct an independent evaluation of the impact of
participation in such Targeted High Need Initiative program on
teaching quality and student learning and achievement. Such
evaluation may include incorporating multiple sources of data
over time to assess immediate and long-term impacts of such
participation.
``(f) Duration of Grant.--The Secretary shall make grants under
this section for period of 5 years.
``(g) Equitable Distribution.--To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of grants
under this section among the regions of the United States.''.
(b) Funding.--
(1) Section 2103 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6603) is amended by adding at the end
the following new subsection:
``(c) Targeted High Need Initiative.--There are authorized to be
appropriated to carry out subpart 6 $25,000,000 for fiscal year 2010
and each of the 5 succeeding fiscal years.''.
(2) Subsection (a) of section 2103 of such Act is amended
by striking ``subpart 5'' and inserting ``subparts 5 and 6''. | High Quality Teaching Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive five-year grants to up to 250 local educational agencies (LEAs) to recruit, support, and retain highly qualified and effective teachers through participation in the Targeted High Need Initiative program of the National Board for Professional Teaching Standards.
Gives priority to LEAs that have: (1) the highest number of disadvantaged students; (2) the highest number of schools identified for school improvement, corrective action, or restructuring; and (3) the lowest number of teachers certified by the National Board for Professional Teaching Standards.
Requires LEAs to use such grants to: (1) partner with institutions of higher education or other appropriate entities in conducting grant activities; (2) provide teachers participating in the Targeted High Need Initiative program with training, mentoring, and technological resources; (3) cover the assessment fee for teachers who apply for certification by such Board and agree to teach at the participating school for at least three years after their certification; (4) provide specified monetary awards to teachers and their sponsoring schools after completion of the Targeted High Need Initiative program; and (5) conduct an independent evaluation of such program's affect on teaching quality and student performance. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to assist underperforming schools to recruit, support, and retain highly qualified and effective teachers by providing grants for participation in the Targeted High Need Initiative program of the National Board for Professional Teaching Standards."} | 1,163 | 259 | 0.65507 | 1.779894 | 1.050678 | 3.616 | 4.376 | 0.904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helium Privatization Act of 1997''.
SEC. 2. AMENDMENT OF HELIUM ACT.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Helium Act (50 U.S.C. 167-167n), as amended by the
Helium Privatization Act of 1996 (Public Law 104-273).
SEC. 3. DISPOSAL OF FACILITIES.
Section 4 is amended by--
(1) striking subsection (c); and
(2) redesignating subsection (d) as subsection (c).
SEC. 4. SALE OF CRUDE HELIUM.
Subsection 6(c) is amended by striking ``--'' and all that follows
through ``(2)''.
SEC. 5. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
``SEC. 8. ELIMINATION OF STOCKPILE.
``(a) Secretary of Defense.--
``(1) In general.--Half of the helium reserves owned by the
United States on the date of the enactment of the Helium
Privatization Act of 1997 shall be placed under the authority
of the Secretary of Defense, who shall determine and execute
the storage, transportation, and use of helium from the
reserves. The Federal Government shall forgive any share of
debt owed on these reserves.
``(2) Location of reserves.--The Secretary of Defense may
maintain the reserves under the authority of the Secretary of
Defense at the site on which they are located on the date of
enactment of this Act, or transfer the reserves to another
site. In a case in which the Secretary of Defense elects to
transfer the reserves, the Secretary shall notify the Secretary
of the Interior of the transfer not later than the
predetermined date agreed to by the Secretary of Defense and
Secretary of the Interior.
``(b) Department of the Interior.--
``(1) In general.--The remaining half of the helium
reserves owned by the United States on the date of the
enactment of the Helium Privatization Act of 1997 shall remain
under the authority of the Secretary of the Interior.
``(2) Disposal of reserves.--
``(A) Investment administrator.--In order to
dispose of the helium reserves under the authority of
the Secretary of the Interior, the Secretary of the
Interior shall appoint an Investment Administrator to
sell--
``(i) the helium from the helium reserves;
and
``(ii) any production, refining, and
marketing assets of the reserves, unless the
Secretary of Defense determines that such
assets are essential to the transportation or
storage needs of the Secretary of Defense.
The proceeds from any sales shall be paid to the
Treasury of the United States. A percentage of the
proceeds, as agreed to by the Secretary of the Interior
and the Investment Administrator, shall be used to pay
the salary of the Investment Administrator.
``(B) Selection criteria for investment
administrator.--Any individual interested in the
position of Investment Administrator shall, within a
time period to be determined by the Secretary of the
Interior--
``(i) submit in writing to the Secretary of
the Interior a plan for disposing of the helium
reserves under the authority of the Secretary
of the Interior (including any unobligated
natural gas reserves and real estate at the
helium reserves used in helium refinement and
production); and
``(ii) make an oral presentation to the
Secretary of the Interior on such plan.
``(C) Interim disposal.--The Secretary of the
Interior may determine a price in consultation with the
helium industry, and sell helium described in paragraph
(1) during the period in which an Investment
Administrator has not been selected.
``(c) Discovery of Additional Reserves.--The discovery of
additional helium reserves shall not affect the duties of the
Secretaries to make sales of helium under this section.''.
SEC. 6. REPORT ON HELIUM.
(a) National Academy of Sciences Report.--Subsection 15(a) is
amended by inserting after ``disposal of helium reserves'' the
following: ``under the authority of the Secretary of Defense''.
(b) Report to Congress.--Subsection 15(b) is amended--
(1) in paragraph (1) by inserting ``and'' after the
semicolon;
(2) in paragraph (2) by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (3). | Helium Privatization Act of 1997 - Amends the Helium Act to repeal requirements for disposal of helium facilities. Revises the formula for price determinations for crude helium sales to eliminate all factors but inflation adjustments.
Revises stockpile elimination guidelines to mandate that half the Federal helium reserves be placed under the authority of the Secretary of Defense, who shall determine and implement helium storage, transportation, and use. States that the Federal Government shall forgive any debt owed on such reserves. Retains the remaining Federal helium under the authority of the Secretary of the Interior. Instructs such Secretary to appoint an Investment Administrator to sell the helium reserves and their attendant production, refining, and marketing assets unless the Secretary of Defense determines such assets are essential to Department of Defense transportation or storage needs. Mandates payment of helium sales proceeds to the Treasury, with a percentage of such proceeds paid as salary to the Administrator pursuant to an agreement between the Administrator and the Secretary of the Interior.
States that such Administrator shall be selected from individuals who submit and make an oral presentation of a written helium disposal plan (including any unobligated natural gas reserves and real estate used in helium refinement and production).
Authorizes the Secretary of the Interior to determine a sales price in consultation with the helium industry, and to sell helium during the period in which no Investment Administrator has been selected.
Declares that discovery of additional helium reserves shall not affect the duties of the Secretaries to make helium sales.
Narrows solely to reserves under the authority of the Secretary of Defense the scope of a currently mandated National Academy of Sciences study on whether disposal of helium reserves will have a substantial adverse effect on U.S. scientific, technical, biomedical, or national security interests.
Repeals the mandate that the Secretary of Defense make recommendations to the Congress on how to avoid potential adverse effects upon such U.S. interests by sales of crude helium reserves. | {"src": "billsum_train", "title": "Helium Privatization Act of 1997"} | 1,030 | 437 | 0.620582 | 1.844587 | 0.768401 | 2.911846 | 2.603306 | 0.829201 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission on Women Act
of 2009''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Presidential
Commission on Women'' (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. FINDINGS AND POLICY.
Congress makes the following findings and statement of policy:
(1) It is the role of Government to examine the
circumstances that contribute to discrimination, inequality,
and economic hardship faced by women throughout the country.
(2) It is the role of Government to establish initiatives
and programs that promote equality for women, and protect
against discrimination of women, in all areas of public and
private life.
(3) Women in our country continue to face inequalities and
discrimination in many areas of public and private life,
including but not limited to these examples:
(A) The United States ranks 71st in the world in
the number of women in elected office. In 2009, women
make up 17 percent of Congress and 24 percent of State
legislative office-holders. Women of color make up 4
percent of Congress and 2 percent of State legislative
office-holders.
(B) Women earn 77 cents on the dollar compared to
men. African-American women earn 69 cents on the dollar
compared to men. Latinas earn 59 cents compared to men.
(C) Of workers earning minimum wage, 68 percent are
women. Of workers earning less than the minimum wage,
69 percent are women. Nineteen percent of women, as
compared to 10 percent of men, have annual family
incomes of less than $19,000. Of Fortune 500 CEOs, 2
percent are women.
(D) With only 76 percent of women in the labor
force, the United States ranks sixth from the bottom
among industrialized nations. Among college-educated
women, the United States ranks last among
industrialized nations.
(E) While 57 percent of men are employed full-time,
only 38 percent of women are employed full-time. Eight
out of ten single-parent families are headed by women;
28 percent of people living in female-headed households
are living below the poverty line.
(F) There is a continuing decline in mothers'
employment largely due to a lack of support for working
parents, such as sufficient paid time off, subsidized
child care, or flexible working arrangements. There is
also discrimination in the labor market specifically
against mothers as well as weakness on the demand side
of the labor market in areas that have traditionally
employed large numbers of women.
(G) One in every four women will experience
domestic violence in her lifetime. Eighty-five percent
of domestic violence victims are women. The cost of
intimate partner violence exceeds $5.8 billion each
year, $4.1 billion of which is for direct medical and
mental health services.
(H) Eighteen percent of women in the United States
do not have health insurance; 36 percent of American
Indian/Native Alaskan women are uninsured; 38 percent
of Hispanic women do not have health insurance.
(I) Women of color are disproportionately affected
by the inequalities women face.
(J) Gender bias and discrimination remain pervasive
in almost all aspects of our culture, including but not
limited to the media, family life, the workplace,
sports, education, health care, the military,
entertainment, and financial matters.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Review Required.--The Commission shall hold meetings and
hearings to--
(1) review the status of women nationwide, and the progress
made since the establishment of the President's Commission on
the Status of Women in 1961;
(2) review the role of the Federal Government in aid to,
and the promotion of women; and
(3) review data collection procedures with regard to women
Federal initiatives and procurement, with a view toward
recommending improvements.
(b) Conference.--The Commission shall, in coordination with the
White House Council on Women and Girls, hold a conference (hereinafter
in this Act referred to as the Conference) to assist in the review
required by subsection (a).
(c) Recommendations Required.--Based on the review required by
subsection (a), the Commission shall make recommendations to the
President and Congress and conduct oversight of implementation.
SEC. 5. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 15 members
appointed as follows:
(1) Four members appointed by the President.
(2) Three members appointed by the Speaker of the House of
Representatives and two members appointed by the minority
leader.
(3) Three members appointed by the majority leader of the
Senate and two members appointed by the minority leader.
(4) The director of the White House Council on Women and
Girls, who shall serve ex officio.
(b) Qualifications.--Appointments under subsection paragraphs (1)
through (3) of subsection (a) shall be made from individuals who are
specially qualified to serve on the Commission by virtue of their
education, training, or experience, and who are not officers or
employees of the Government or Members of Congress.
(c) Requirement for Appointment of Young Women.--Of the individuals
appointed by President under paragraph (1), the Speaker of the House of
Representatives under paragraph (2), and the majority leader of the
Senate under paragraph (3) of subsection (a), at least one member
appointed under each paragraph shall be a young woman between the ages
of 18-24.
(d) Geographical Balance.--In making the appointments under
subsection (a), the appointing authorities should give consideration to
achieving a geographical balance.
(e) Term.--Members shall be appointed for 5 years of the
Commission, except that, if any member of the Commission becomes an
officer or employee of the Federal Government or a Member of Congress,
such individual may continue as a member of the Commission for not
longer than the 30-day period beginning on the date such individual
becomes such an officer or employee or Member of Congress.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(g) Pay.--Members of the Commission shall serve without pay, except
members of the Commission shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred by them in
carrying out the functions of the Commission, in the same manner as
persons employed intermittently in the Federal Government are allowed
expenses under section 5703 of title 5, United States Code.
(h) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(i) Chairperson and Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be designated by the President. The
term of office of the Chairperson and Vice Chairperson shall be 5 years
of the Commission.
(j) Meetings.--The Commission shall meet not less than 4 times nor
more than 6 times each year. Meetings shall be at the call of a
majority of its members.
SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.
(a) Director and Staff.--(1) The Commission shall have a Director
who shall be appointed by the Commission. The Commission, with the
recommendation of the Director, may appoint and fix the pay of 4
additional personnel.
(2) The Director and staff of the Commission may be appointed
without regard to section 5311(b) of title 5, United States Code, and
without regard to the provisions of such title 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, except that
no individual so appointed may receive pay in excess of the annual rate
of basic pay payable for GS-18 of the General Schedule.
(b) Services.--The Commission may procure temporary and
intermittent services under section 3109(b) of title 5 of the Unites
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18 of
the General Schedule.
(c) Details.--Upon request of the Commission, the head of any
department or agency may detail, on a reimbursable basis, any of the
personnel of such agency to the Commission to assist the Commission in
carrying out its duties under this Act.
SEC. 7. POWERS OF THE COMMISSION.
(a) In General.--The Commission may, for the purpose of carrying
out 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) Delegation.--Any member or agent of the Commission may, if so
authorized by the Commission, take any action which the Commission is
authorized to take by this section.
(c) Access to Information.--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 Chairperson of the
Commission, the head of such department or agency shall furnish such
information to the Commission.
(d) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
(e) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
SEC. 8. CONFERENCE AND CONFERENCE DELEGATES.
The Commission in coordination with the White House Council on
Women and Girls shall convene a conference of delegates invited by the
Commission, who shall be fairly balanced and diverse in terms of
geography and ethnicity without regard to political affiliation or past
partisan activity, who shall include--
(1) the directors of commissions for women of the States
and local levels of government;
(2) elected officials of State and local governments;
(3) advocates for women at colleges and universities; and
(4) representatives of nonprofit organizations and
community-based organizations.
SEC. 9. CONFERENCE ADMINISTRATION.
(a) Administration.--In conducting and planning the Conference, the
Commission and the White House Council on Women and Girls shall--
(1) request the cooperation and assistance of the heads of
such other Federal entities as may be appropriate, including
the detailing of personnel;
(2) prepare and make available appropriate background
materials for the use of delegates to the Conference;
(3) employ such personnel, in addition to those appointed
under section 6 and without regard to provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to chapter 51 and subchapter III of
chapter 53 of such title, relating to classification and
General Schedule pay rates;
(4) ensure that the proposed agenda for the Conference is--
(A) published in the Federal Register not less than
180 days before the Conference is convened; and
(B) made available for public comment for a period
of not less than 60 days;
(5) ensure that the final agenda for the Conference,
prepared after the Commission and the White House Council on
Women and Girls takes into consideration comments received
under paragraph (4), is published in the Federal Register, and
transmitted to the chief executive officers of the States, not
later than 30 days after the close of the public comment period
required by that paragraph;
(6) ensure that the personnel employed are fairly balanced
in terms of their points of view with respect to women and are
appointed without regard to political affiliation or past
partisan activity;
(7) the recommendations of the Conference are not
inappropriately influenced by any public official or special
interest, but instead are the result of the independent and
collective judgment of the delegates of the Conference; and
(8) ensure that before the Conference is convened--
(A) current and adequate statistical data
(including decennial census data) and other information
on the well-being of Women in the United States; and
(B) such information as may be necessary to
evaluate Federal programs and policies relating to
Women; which the Commission may obtain by making grants
to or entering into agreements with, public agencies or
nonprofit organizations, are readily available in
advance of the Conference to the delegates.
SEC. 10. REPORTS.
The Commission shall transmit to the President and to Congress a
first report no later than 2 years after the date of the Commission's
first meeting. That report shall include a statement of the
Commission's objectives and goals for the remainder of the Commission's
work. Thereafter the Commission shall report annually. Each of those
annual reports shall contain a statement of any findings and
conclusions of the Commission, together with its recommendations for
such legislation and administrative actions as it considers
appropriate.
SEC. 11. DEFINITION.
In this Act, the term ``State'' means any of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$2,000,000.00 to carry out this Act in each of fiscal years 2011
through 2015.
(b) Limitation on Appropriations.--Authority provided in this Act
to make expenditures or to enter into contracts under which the United
States is obligated to make outlays shall be effective only to the
extent that amounts are provided, and only to the extent of the amounts
provided, in advance in appropriations Acts. | Presidential Commission on Women Act of 2009 - Establishes the Presidential Commission on Women to: (1) review the status of women nationwide; (2) review the role of the federal government in aid to, and the promotion of, women; (3) review data collection procedures with regard to women federal initiatives and procurement; and (4) hold a conference to assist in those reviews. | {"src": "billsum_train", "title": "To establish a Presidential Commission on Women, and for other purposes."} | 2,923 | 74 | 0.479408 | 1.212944 | 0.648783 | 6.815789 | 37.118421 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Freedom of Choice Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Current law confers a tax benefit for health insurance
provided as an employee fringe benefit, but no similar tax
benefit for health insurance purchased by individuals.
Similarly, current law confers a tax benefit on third-party
payment of medical expenses, but no similar tax benefit for
most individuals' direct payment of medical expenses. This has
effectively promoted employer-provided third party payment
systems and effectively discouraged direct doctor-patient
relationships.
(2) The current tax treatment of medical expenses has
significantly curtailed competition for both health insurance
and health care services generally. This has effectively
increased the cost of health care and health insurance, which
in turn has exposed people to greater health risks and made it
more likely that individuals will go without needed care.
(3) The current tax treatment of medical expenses has
restricted the freedom of individuals to exercise direct
control over their health care dollars. The exclusion from
gross income for employer-provided health care plans with no
corresponding tax benefit for health insurance and health care
obtained by individuals (except the self-employed) constitutes
a strong preferment for health care provided through employers'
group plans as compared to health care that individuals
purchase for themselves. This is why 90 percent of Americans
under age 65 with private health insurance receive it through
their employer.
(4) Providing a tax benefit for employer-provided plans,
but not for individually purchased health care, discriminates
against individuals who work for companies that do not provide
health benefits, individuals who are temporarily employed, and
the disabled.
(5) In many cases, employers are not able to offer their
employees a variety of health insurance plans. The Tax Code's
provision of benefits for mostly employer-provided health
insurance has discriminated against individuals who work for
these employers, especially small businesses. This is why 90
percent of American businesses that provide health insurance
offer employees the ``choice'' of only one health care plan.
Americans who work for businesses with fewer than 25 employees
are half as likely to have health coverage as those working for
companies with 1,000 or more employees.
(6) The Tax Code's preferment of employer-provided group
plans has triggered a marketplace response reflected in the
significant increases in large group health care delivery, and
the creation of a few health care conglomerates in lieu of
thousands of competitive providers of medical services and
health insurance. This has increasingly placed medical
decisions in the hands of health care bureaucracies, and
significantly eroded the doctor-patient relationship. Medical
decisions should be returned to doctors and their patients.
This will result in higher quality treatment and more patient
protection.
(7) Consumers should have the freedom to purchase the
health insurance of their choice, to choose their own doctors,
and to make their own decisions about their health care.
(8) By putting the medical choices made by individuals on
an equal footing with the medical choices made for them by
their employers and third parties, the Tax Code can encourage
greater choice and competition, thereby reducing the cost of
necessary insurance for all Americans. This will enable
millions more Americans to obtain needed health coverage, to
make their own choices about which doctors to see, and to have
access to the quality care they deserve and expect.
SEC. 3. TAX DEDUCTIBILITY OF MEDICAL EXPENSES FOR INDIVIDUALS.
(a) In General.--Section 213(a) of the Internal Revenue Code of
1986 (relating to the treatment of medical and dental expenses) is
amended to read as follows:
``(a) Allowance of Deduction.--There shall be allowed as a
deduction the expenses paid during the taxable year, not compensated
for by insurance or otherwise, for medical care of the taxpayer, the
taxpayer's spouse, or a dependent (as defined in section 152,
determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)
thereof).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the calendar year which includes
the date of the enactment of this Act. | Health Care Freedom of Choice Act - Amends the Internal Revenue Code to allow the tax deduction for medical expenses without the gross income percentage limitation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve health care choice by providing for the tax deductibility of medical expenses by individuals."} | 905 | 31 | 0.39636 | 0.931475 | 0.381364 | 2.62963 | 32.592593 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Safety Act of
2010''.
SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss) Dietary Supplement Facility.--The term `dietary supplement
facility' means any business or operation engaged in manufacturing,
packaging, holding, distributing, labeling, or licensing a dietary
supplement for consumption in the United States.''.
(b) Registration of Dietary Supplement Facilities.--
(1) Adulterated food.--Section 402 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 342) is amended by inserting
at the end the following:
``(j) If it is a dietary supplement that is manufactured, packaged,
held, distributed, labeled, or licensed by a dietary supplement
facility that is not registered with the Secretary.''.
(2) Registration of food facilities.--Section 415 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d) is
amended--
(A) in the section heading, by striking
``facilities'' and inserting ``and dietary supplement
facilities''; and
(B) in subsection (a)--
(i) in paragraph (2)--
(I) by striking ``An entity'' and
inserting the following:
``(A) Food facilities.--An entity''; and
(II) by adding at the end the
following:
``(B) Dietary supplement facilities.--
``(i) In general.--A dietary supplement
facility (referred to in the section as a
`dietary supplement registrant') shall submit a
registration under paragraph (1) to the
Secretary containing information necessary to
notify the Secretary of the name and address of
each facility at which, and all trade names
under which, the dietary supplement registrant
conducts business. At the time of registration,
the dietary supplement registrant shall also
file with the Secretary a list of all dietary
supplements manufactured, packaged, held,
distributed, labeled, or licensed by the
facility. Such list shall be prepared in such
form and manner as the Secretary may prescribe,
and shall be accompanied by a full list of the
ingredients contained in each dietary
supplement, and a copy of the labeling used by
the facility for each dietary supplement.
``(ii) Updates.--Each dietary supplement
registrant shall update the registrant's
registration annually on or before the
anniversary date of the registrant's initial
registration. Each dietary supplement
registrant shall also update the registrant's
registration to include information regarding
any new dietary supplement, or reformulation of
an existing dietary supplement, on or before
the date such dietary supplement is marketed
for consumption in the United States.''; and
(ii) in paragraph (3), by inserting ``or
dietary supplement registrant'' after ``notify
the registrant''.
(c) New Dietary Ingredients.--Section 413 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350b) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--A dietary supplement which contains a new
dietary ingredient shall be deemed adulterated under section 402(f)
unless there is a history of use or other evidence of safety
establishing that the dietary ingredient when used under the conditions
recommended or suggested in the labeling of the dietary supplement will
reasonably be expected to be safe and, at least 75 days before being
introduced or delivered for introduction into interstate commerce, the
manufacturer or distributor of the dietary ingredient or dietary
supplement provides the Secretary with information, including any
citation to published articles, which is the basis on which the
manufacturer or distributor has concluded that a dietary supplement
containing such dietary ingredient will reasonably be expected to be
safe. The Secretary shall keep confidential any information provided
under this subsection for 90 days following its receipt. After the
expiration of such 90 days, the Secretary shall place such information
on public display, except matters in the information which are trade
secrets or otherwise confidential, commercial information.'';
(2) in subsection (c), by striking ``was not marketed in
the United States before October 15, 1994 and does not include
any dietary ingredient which was marketed in the United States
before October 15, 1994'' and inserting ``is not included on
the list of `Accepted Dietary Ingredients', to be prepared,
published, and maintained by the Secretary''; and
(3) by adding at the end the following:
``(d) Maintaining Substantiation File.--Any person submitting
information to the Secretary under subsection (a) shall create and
maintain a scientifically reasonable substantiation file relating to
the claim that the dietary ingredient or dietary supplement will
reasonably be expected to be safe. The substantiation file shall be
prepared and maintained in such form and manner as the Secretary may
prescribe and shall be available for review and inspection by the
Secretary upon request.
``(e) Evidence of Compliance.--A dietary supplement facility or
retailer shall, prior to manufacturing, packaging, holding,
distributing, labeling, or licensing the dietary supplement, obtain
adequate written evidence from the preceding responsible entity in the
chain of commerce that the product is registered as required by section
415 and that the requirements of subsection (a) have been met. Such
facility or retailer shall maintain such evidence of compliance for
review and inspection by the Secretary upon request.''.
(d) Civil Monetary Penalty for Non-Compliance.--Section 303 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by
adding at the end the following:
``(h) Civil Monetary Penalty for Non-Compliance.--Notwithstanding
the provisions of subsection (a), any person who manufacturers,
packages, holds, distributes, labels, or licenses a dietary supplement
in violation of section 301, 402, 413, 415, 501, 502, 505, or 761, may,
in addition to other penalties imposed in this section, be fined not
more than twice the gross profits or other proceeds derived from the
manufacture, packaging, holding, distribution, labeling, or license of
such dietary supplement.''.
(e) Adverse Event Reporting for Dietary Supplements.--Section 761
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379aa-1) is
amended--
(1) in the section heading, by striking ``serious adverse''
and inserting ``adverse'';
(2) in subsection (a), by adding at the end the following:
``(4) Adverse event report.--The term `adverse event
report' means a report of non-serious adverse events that is
required to be submitted to the Secretary under subsection
(b).'';
(3) in subsection (b)(1)--
(A) by striking ``The manufacturer'' and inserting
the following:
``(A) Serious adverse events.--The manufacturer'';
and
(B) by adding at the end the following:
``(B) Non-serious adverse events.--The
manufacturer, packer, holder, distributor, labeler, or
licensee of a dietary supplement, whose name appears on
the label of a dietary supplement marketed in the
United States, shall submit to the Secretary, in such
form and manner as the Secretary shall determine, a
compilation report of all non-serious adverse events
associated with such dietary supplement when used in
the United States, accompanied by a copy of the label
on or within the retail packaging of such dietary
supplement.'';
(4) in subsection (c)(1), by adding at the end: ``The
responsible person shall annually submit to the Secretary a
compilation report of all non-serious adverse events received
during the preceding year.'';
(5) in subsection (e)(1), by adding at the end: ``The
responsible person shall maintain records related to each
annually submitted adverse event report for a period of 3
years.''; and
(6) in subsection (f), by striking ``or an adverse event
report voluntarily submitted'' and inserting ``or a non-serious
adverse report submitted annually''.
(f) Recall Authority for Dietary Supplements.--
(1) In general.--Chapter IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at
the end the following:
``SEC. 418. RECALL AUTHORITY FOR DIETARY SUPPLEMENTS.
``(a) Recall Authority.--
``(1) Cease distribution and notification order.--
``(A) In general.--If the Secretary finds there is
a reasonable probability that a dietary supplement or a
product marketed or sold as a dietary supplement would
cause serious, adverse health consequences or death, or
is adulterated or misbranded, the Secretary shall issue
a cease distribution and notification order requiring
the person named in the order to immediately--
``(i) cease distribution of such dietary
supplement or a product marketed or sold as a
dietary supplement;
``(ii) notify distributors, importers,
retailers, and consumers of the order; and
``(iii) instruct those distributors,
importers, retailers, and consumers to cease
distributing, importing, selling, and using the
dietary supplement.
``(B) Informal hearing.--An order described in
subparagraph (A) shall provide the person subject to
the order with an opportunity for an informal hearing,
to be held not later than 10 days after the date of the
issuance of the order, on the actions required by the
order and on whether the order should be amended to
require a recall of the dietary supplement or the
product marketed or sold as a dietary supplement. The
person subject to the order shall have 5 days to notify
the Secretary of the person's intent to challenge the
order. If, after providing an opportunity for such a
hearing, the Secretary determines that inadequate
grounds exist to support the actions required by the
order, the Secretary shall vacate the order.
``(2) Recall.--
``(A) In general.--If, after providing an
opportunity for an informal hearing under paragraph
(1), the Secretary determines that the order should be
amended to include a recall of the dietary supplement
or the product marketed or sold as a dietary supplement
with respect to which the order was issued, the
Secretary shall, except as provided in subparagraphs
(B) and (C), amend the order to require a recall. The
Secretary shall specify a timetable in which the
dietary supplement recall will occur and shall require
periodic reports to the Secretary describing the
progress of the recall. The Secretary shall have the
authority to initiate the action prescribed in this
subparagraph regardless of whether or not the person
subject to the order elects to exercise the right to
challenge the initial order as permitted under
paragraph (1).
``(B) Content of amended order.--An amended order
under subparagraph (A)--
``(i) shall not include recall of the
dietary supplement or the product marketed or
sold as a dietary supplement from individuals;
and
``(ii) shall provide for notice to
individuals, at the expense of retailers and to
the satisfaction of the Secretary, subject to
the risks associated with the use of such
dietary supplement.
``(C) Notification.--In providing the notice
required by subparagraph (B)(ii), if a significant
number of such individuals cannot be identified, the
Secretary shall notify such individuals pursuant to
section 705(b).''. | Dietary Supplement Safety Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to deem a dietary supplement that is manufactured, packaged, held, distributed, labeled, or licensed by a dietary supplement facility that is not registered with the Secretary of Health and Human Services (HHS) to be adulterated. Requires annual registration of dietary supplement facilities.
Revises provisions that deem a dietary supplement to be adulterated to remove a provision that would allow dietary supplements that contained only dietary ingredients which have been present in the food supply as an article used for food in a form in which the food has not been chemically altered.
Requires any person submitting information to the Secretary on the safety of dietary ingredients to create and maintain a scientifically reasonable substantiation file relating to the claim that the dietary ingredient or dietary supplement will reasonably be expected to be safe.
Requires a dietary supplement facility or retailer to obtain adequate written evidence from the previous responsible entity in the chain of commerce that registration and safety requirements have been met.
Sets forth civil penalties for FFDCA violations related to dietary supplements. Allows fines of not more than twice the gross profits or other proceeds derived from such dietary supplement.
Requires reports to the Secretary on all non-serious adverse events associated with dietary supplements when used in the United States.
Sets forth the Secretary's authority to order an immediate cease of distribution and to order a recall, after a hearing, of a dietary supplement. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to more effectively regulate dietary supplements that may pose safety risks unknown to consumers."} | 2,705 | 349 | 0.604169 | 1.642012 | 0.73119 | 4.088339 | 8.515901 | 0.886926 |
SECTION 1. RESCISSION OF FUNDS AND CANCELLATION OF SPACE STATION.
(a) Cancellation.--The Space Station program is hereby canceled.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the National Aeronautics and Space
Administration--
(1) $500,000,000 for costs associated with carrying out
subsection (a) of this section; and
(2) $300,000,000 for each of the fiscal years 1994 through
1998 for carrying out the responsibilities of the National
Aeronautics and Space Administration.
(c) Rescission of Funds.--Of the funds made available under the
heading ``National Aeronautics and Space Administration--Research and
Development'' in the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1994
(Public Law 103-124), $1,946,000,000 is rescinded, to be derived from
the redesigned space station.
SEC. 2. RESCISSION OF FUNDS AND REDUCTION OF AUTHORIZATION FOR
BALLISTIC MISSILE DEFENSE PROGRAM.
(a) Fiscal Year 1994 Rescission.--Of the funds made available under
the heading ``Research, Development, Test and Evaluation, Defense-
Wide'' in the Department of Defense Appropriations Act, 1994 (Public
Law 103-139), $350,000,000 is rescinded, to be derived from the
Ballistic Missile Defense Program.
(b) Fiscal Year 1995 Authorization Reduction.--The total amount
authorized to be appropriated to the Department of Defense for fiscal
year 1995 for the Ballistic Missile Defense Program (including
research, development, test, and evaluation; procurement; and other
programs, projects, and activities) may not exceed $2,500,000,000.
(c) Fiscal Year 1996 Authorization Reduction.--The total amount
authorized to be appropriated to the Department of Defense for fiscal
year 1996 for the Ballistic Missile Defense Program (including
research, development, test, and evaluation; procurement; and other
programs, projects, and activities) may not exceed $2,450,000,000.
(d) Fiscal Year 1997 Authorization Reduction.--The total amount
authorized to be appropriated to the Department of Defense for fiscal
year 1997 for the Ballistic Missile Defense Program (including
research, development, test, and evaluation; procurement; and other
programs, projects, and activities) may not exceed $2,400,000,000.
(e) Fiscal Year 1998 Authorization Reduction.--The total amount
authorized to be appropriated to the Department of Defense for fiscal
year 1998 for the Ballistic Missile Defense Program (including
research, development, test, and evaluation; procurement; and other
programs, projects, and activities) may not exceed $2,350,000,000.
SEC. 3. RESCISSION OF FUNDS AND CANCELLATION OF ADVANCED LIQUID METAL
REACTOR PROGRAM.
(a) In General.--The Secretary of Energy shall take such actions as
are necessary to terminate, as soon as possible, the civilian portion
of the advanced liquid metal reactor/integral fast reactor program of
the Department of Energy, including the program's promotion of the use
of such reactors for the disposal of high-level radioactive waste and
Department of Energy support for regulatory applications to the Nuclear
Regulatory Commission for design certification for advanced liquid
metal reactors or related licensed facilities.
(b) Rescission of Funds.--
(1) Fiscal year 1994.--Subject to subsection (c), of the
funds made available under the heading ``Department of Energy--
Energy Supply, Research and Development Activities'' in the
Energy and Water Development Appropriations Act, 1994 (Public
Law 103-126), $141,900,000 is rescinded, to be derived from the
advanced liquid metal reactor/integral fast reactor program.
(2) Prior fiscal years.--Of the funds made available under
the heading ``Department of Energy--Energy Supply, Research and
Development Activities'' in appropriations Acts for fiscal year
1993 and prior fiscal years, the unobligated balance available
on the date of the enactment of this Act for the advanced
liquid metal reactor/integral fast reactor program is
rescinded.
(c) Termination Costs.--Subsection (b)(1) shall not apply to the
amount of the funds, not exceeding $96,600,000, required for
termination of the advanced liquid metal reactor/integral fast reactor
program.
SEC. 4. REDUCTION OF FORCES IN EUROPE.
(a) Effective Date for Requirement for Reduction to 100,000
Military Personnel in Europe Changed From Fiscal Year 1996 to Fiscal
Year 1995.--Section 1303(b) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C. 1928 note) is
amended by striking out ``October 1, 1995'' and inserting in lieu
thereof ``October 1, 1994''.
(b) Further End Strength Reductions Required.--Notwithstanding
section 1002(c)(1) of the National Defense Authorization Act, 1985 (22
U.S.C. 1928 note), for each of fiscal years 1995, 1996, 1997, and 1998,
the Secretary of Defense shall reduce the end strength level of members
of the Armed Forces of the United States assigned to permanent duty
ashore in European member nations of the North Atlantic Treaty
Organization in accordance with subsection (c).
(c) Reduction Formula.--For each percentage point that the allied
contribution level is below the goal specified in subsection (d) as of
the end of a fiscal year, as determined by the Secretary of Defense,
the Secretary of Defense shall reduce the end strength level of members
of the Armed Forces of the United States assigned to permanent duty
ashore in European member nations of NATO by 1,000 for the next fiscal
year. The reduction shall be made from the end strength level in
effect, pursuant to section 1002(c)(1) of the National Defense
Authorization Act, 1985 (22 U.S.C. 1928 note), and subsection (b) of
this section (if applicable), for the fiscal year in which the allied
contribution level is below the goal specified in subsection (d).
(d) Annual Goals for Force Reduction.--The President is urged to
seek, in continued efforts to enter into revised host-nation agreements
as described in section 1301(e) of National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545), to have
European member nations of NATO assume an increased share of the
nonpersonnel costs of United States military installations in those
nations in accordance with the following timetable:
(1) By September 30, 1994, 18.75 percent of such costs
should be assumed by those nations.
(2) By September 30, 1995, 37.5 percent of such costs
should be assumed by those nations.
(3) By September 30, 1996, 56.25 percent of such costs
should be assumed by those nations.
(4) By September 30, 1997, 75 percent of such costs should
be assumed by those nations.
(e) End Strength Authority.--Notwithstanding reductions required
pursuant to subsection (b), the Secretary of Defense may maintain an
end strength of at least 25,000 members of the Armed Forces of the
United States assigned to permanent duty ashore in European member
nations of NATO.
(f) Allocation of Force Reductions.--To the extent that there is a
reduction in end strength level for any of the Armed Forces in European
member nations of NATO in a fiscal year pursuant to subsection (b)--
(1) half of the reduction shall be used to make a
corresponding reduction in the authorized end strength level
for active duty personnel for such Armed Force for that fiscal
year; and
(2) half of the reduction shall be used to make a
corresponding increase in permanent assignments or deployments
of forces in the United States or other nations (other than
European member nations of NATO) for each such Armed Force for
that fiscal year, as determined by the Secretary of Defense.
(g) Definitions.--For purposes of this section:
(1) Allied contribution level.--The term ``allied
contribution level'', with respect to any fiscal year, means
the aggregate amount of nonpersonnel costs for United States
military installations in European member nations of NATO that
are assumed during that fiscal year by such nations.
(2) Nonpersonnel costs.--The term ``nonpersonnel costs'',
with respect to United States military installations in
European member nations of NATO, means costs for those
installations other than costs paid from military personnel
accounts. | Cancels the Space Station program of the National Aeronautics and Space Administration (NASA). Authorizes appropriations to the NASA Director for termination costs and authorizes FY 1994 through 1998 appropriations to carry out NASA responsibilities. Rescinds funds authorized for the Space Station program under prior law.
Rescinds funds authorized in the Department of Defense Appropriations Act, 1994 for the Ballistic Missile Defense program. Reduces for each of FY 1995 through 1998 the total amount authorized to the Department of Defense for such program.
Directs the Secretary of Energy to terminate the Department of Energy's advanced liquid metal reactor program. Rescinds FY 1994 and prior year funds for such program.
Changes the effective date of the requirement for a reduction to 100,000 in the number of U.S. military personnel stationed in Europe from October 1, 1995, to October 1, 1994. Requires certain further end strength reductions in personnel assigned to European member nations of NATO, providing a reduction formula and annual reduction goals based on allied contributions toward nonpersonnel costs for U.S. military installations in such nations. Allows an end strength of at least 25,000 U.S. personnel to be maintained in such nations. | {"src": "billsum_train", "title": "To reduce domestic and defense discretionary spending."} | 1,879 | 261 | 0.534233 | 1.581114 | 0.816352 | 2.553488 | 7.637209 | 0.84186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Education Assistance
Creating Hope for Our Future Act of 2008'', or the ``TEACH for Our
Future Act of 2008''.
SEC. 2. FFEL PROGRAM LOAN FORGIVENESS FOR TEACHERS.
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-
10) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Program Authorized.--
``(1) In general.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to
repay a qualified loan amount for a loan made under section 428
or 428H, in accordance with subsection (c), for any borrower--
``(A) who--
``(i) has been employed as a full-time
elementary school or secondary school teacher
for 5 consecutive complete school years at any
public school; or
``(ii) is a new borrower on or after
October 1, 1998, and who has been employed as a
full-time private school teacher for 5
consecutive complete school years--
``(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in such schools;
and
``(II) if employed as an elementary
school or secondary school teacher, is
highly qualified as defined in section
9101 of the Elementary Secondary
Education Act of 1965, or meets the
requirements of subsection (g)(3); and
``(B) who is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Special rule.--No borrower may obtain a reduction of
loan obligations under both this section and section 460.'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Of the loan obligation on a loan made
under section 428 or 428H that is outstanding after the
completion of the fifth complete school year of teaching
described in subsection (b)(1)(A), the Secretary shall repay
not more than--
``(A) $25,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(i); and
``(B) $5,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(ii), except as
provided in paragraph (3) of this subsection.''; and
(B) in paragraph (3)--
(i) in the header, by inserting ``private
school'' before ``teachers'';
(ii) in subparagraph (A)(i), by striking
``subsection (b)'' and inserting ``subsection
(b)(1)(A)(ii)'';
(iii) in subparagraph (B)(i), by striking
``subsection (b)'' and inserting ``subsection
(b)(1)(A)(ii)''; and
(iv) in subparagraph (B)(iii), by striking
``public or'' before ``non-profit''; and
(3) in subsection (g)--
(A) in paragraph (1)(A), by striking ``(b)(1)(A)''
and inserting ``(b)(1)(A)(ii)(I)''; and
(B) in paragraph (3), by striking ``(b)(1)(B)'' and
inserting ``(b)(1)(A)(ii)(II)''.
SEC. 3. DIRECT LOAN PROGRAM LOAN FORGIVENESS FOR TEACHERS.
Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j)
is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary shall carry out a program
of canceling the obligation to repay a qualified loan amount in
accordance with subsection (c) for Federal Direct Stafford
Loans and Federal Direct Unsubsidized Stafford Loans made under
this part for any borrower--
``(A) who--
``(i) has been employed as a full-time
elementary school or secondary school teacher
for 5 consecutive complete school years at any
public school; or
``(ii) is a new borrower on or after
October 1, 1998, and who has been employed as a
full-time private school teacher for 5
consecutive complete school years--
``(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in such schools;
and
``(II) if employed as an elementary
school or secondary school teacher, is
highly qualified as defined in section
9101 of the Elementary Secondary
Education Act of 1965, or meets the
requirements of subsection (g)(3); and
``(B) who is not in default on a loan for which the
borrower seeks forgiveness.'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Of the loan obligation on a Federal
Direct Stafford Loan or a Federal Direct Unsubsidized Stafford
Loan that is outstanding after the completion of the fifth
complete school year of teaching described in subsection
(b)(1)(A), the Secretary shall cancel not more than--
``(A) $25,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(i); and
``(B) $5,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(ii), except as
provided in paragraph (3) of this subsection.''; and
(B) in paragraph (3)--
(i) in the header, by inserting ``private
school'' before ``teachers'';
(ii) in subparagraph (A)(i), by striking
``subsection (b)(1)'' and inserting
``subsection (b)(1)(A)(ii)'';
(iii) in subparagraph (B)(i), by striking
``subsection (b)(1)'' and inserting
``subsection (b)(1)(A)(ii)''; and
(iv) in subparagraph (B)(iii), by striking
``public or'' before ``non-profit''; and
(3) in subsection (g)--
(A) in paragraph (1)(A), by striking ``(b)(1)(A)''
and inserting ``(b)(1)(A)(ii)(I)''; and
(B) in paragraph (3), by striking ``(b)(1)(A)(ii)''
and inserting ``(b)(1)(A)(ii)(II)''. | Teacher Education Assistance Creating Hope for Our Future Act of 2008 or the TEACH for Our Future Act of 2008 - Amends the Higher Education Act of 1965 to expand the loan forgiveness available to public elementary and secondary school teachers under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs.
Makes inapplicable to public school teachers the requirements limiting loan forgiveness to: (1) new borrowers on or after October 1, 1998; and (2) highly qualified teachers in certain schools that serve a high proportion of disadvantaged students. Maintains the requirement that such teachers teach full-time for five consecutive complete school years before becoming eligible for loan forgiveness.
Raises to $25,000 the amount of the FFEL or DL outstanding that may be forgiven after a public school teacher's fifth complete school year of teaching.
Maintains current loan forgiveness eligibility requirements for private elementary and secondary school teachers. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to expand teacher loan forgiveness."} | 1,563 | 188 | 0.629117 | 1.682294 | 0.818438 | 2.151163 | 7.610465 | 0.837209 |
SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY.
(a) Findings.--The Congress finds the following:
(1) Few families have contributed as profoundly to the United
States as the family that gave the Nation its second president,
John Adams; its sixth president, John Quincy Adams; first ladies
Abigail Smith Adams and Louisa Catherine Johnson Adams; and
succeeding generations of statesmen, diplomats, advocates, and
authors.
(2) John Adams (1735-1826), a lawyer, a statesman, and a
patriot, was the author of the Constitution of the Commonwealth of
Massachusetts (the oldest written constitution still in force), the
leader of the Second Continental Congress, a driving force for
independence, a negotiator of the Treaty of Paris (which brought
the Revolutionary War to an end), the first Vice President, the
second President, and an unwavering exponent of freedom of
conscience and the rule of law.
(3) Abigail Smith Adams (1744-1818) was one of the most
remarkable women of her time. Wife of former President John Adams
and mother of former President John Quincy Adams, she was an early
advocate for the rights of women and served the cause of liberty as
a prolific writer, fierce patriot, and staunch abolitionist.
(4) John Quincy Adams (1767-1848), the son of John and Abigail
Adams, was a distinguished lawyer, legislator, and diplomat and a
master of 7 languages, who served as Senator, Minister to the
Netherlands under President George Washington, Minister to Prussia
under the first President Adams, Minister to Great Britain under
President James Madison, chief negotiator of the Treaty of Ghent
(which ended the War of 1812), Secretary of State under President
James Monroe, author of the Monroe Doctrine (which declared the
Western Hemisphere off limits to European imperial expansion),
sixth President, and the only former President to be elected to the
House of Representatives, where he was known as ``Old Man
Eloquent'' and served with great distinction as a leader in the
fight against slavery and a champion of unpopular causes.
(5) Louisa Catherine Johnson Adams (1775-1852), the wife of
former President John Quincy Adams, was an educated, accomplished
woman and the only first lady born outside the United States. Like
Abigail Adams, she wrote eloquently on behalf of the rights of
women and in opposition to slavery.
(6) Charles Francis Adams (1807-1886), the son of John Quincy
and Louisa Adams, served 6 years in the Massachusetts legislature,
was a steadfast abolitionist who received the Free Soil Party's
vice-presidential nomination in 1848, was elected to his father's
seat in the House of Representatives in 1856, and served as
ambassador to Great Britain during the Civil War, where his efforts
were decisive in preventing the British Government from recognizing
the independence of the Confederacy.
(7) Henry Adams (1838-1918), the son of Charles Francis Adams,
was an eminent writer, scholar, historian, and public intellectual,
and was the author of many celebrated works, including
``Democracy'', ``The Education of Henry Adams'', and his 9-volume
``History of the United States during the Administrations of
Jefferson and Madison''.
(8) Both individually and collectively, the members of this
illustrious family have enriched the Nation through their profound
civic consciousness, abiding belief in the perfectibility of the
Nation's democracy, and commitment to service and sacrifice for the
common good.
(9) Although the Congress has authorized the establishment of
commemorative works on Federal lands in the District of Columbia
honoring such celebrated former Presidents as George Washington,
Thomas Jefferson, and Abraham Lincoln, the National Capital has no
comparable memorial to former President John Adams.
(10) In recognition of the 200th anniversary of the end of the
presidency of John Adams, the time has come to correct this
oversight so that future generations of Americans will know and
understand the preeminent historical and lasting significance to
the Nation of his contributions and those of his family.
(b) Authority to Establish Commemorative Work.--The Adams Memorial
Foundation may establish a commemorative work on Federal land in the
District of Columbia and its environs to honor former President John
Adams, along with his wife Abigail Adams and former President John
Quincy Adams, and the family's legacy of public service.
(c) Compliance with Standards for Commemorative Works.--The
establishment of the commemorative work shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001, et seq.).
(d) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the commemorative work. The
Adams Memorial Foundation shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the establishment of
the commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the commemorative work (including the maintenance
and preservation amount provided for in section 8(b) of the
Commemorative Works Act (40 U.S.C. 1001, et seq.)), or upon expiration
of the authority for the commemorative work under section 10(b) of such
Act, there remains a balance of funds received for the establishment of
the commemorative work, the Adams Memorial Foundation shall transmit
the amount of the balance to the Secretary of the Treasury for deposit
in the account provided for in section 8(b)(1) of such Act.
SEC. 2. DEFINITIONS.
For purposes of this Act, the terms ``commemorative work'' and
``the District of Columbia and its environs'' have the meanings given
to such terms in section 2 of the Commemorative Works Act (40 U.S.C.
1002).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Adams Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor former President John Adams, along with his wife Abigail Adams and former President John Quincy Adams, and the family's legacy of public service. | {"src": "billsum_train", "title": "To authorize the Adams Memorial Foundation to establish a commemorative work on Federal land in the District of Columbia and its environs to honor former President John Adams and his legacy."} | 1,322 | 55 | 0.405586 | 1.160952 | 0.39587 | 8.369565 | 26.130435 | 0.978261 |
SECTION 1. LIFETIME SAVINGS ACCOUNTS.
(a) In General.--Subchapter F of Chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:
``PART IX--LIFETIME SAVINGS ACCOUNTS
``SEC. 530A. LIFETIME SAVINGS ACCOUNTS.
``(a) General Rule.--A Lifetime Savings Account shall be exempt
from taxation under this subtitle. Notwithstanding the preceding
sentence, such account shall be subject to the taxes imposed by section
511 (relating to imposition of tax on unrelated business income of
charitable organizations).
``(b) Lifetime Savings Account.--For purposes of this section, the
term `Lifetime Savings Account' means a trust created or organized in
the United States for the exclusive benefit of an individual or his
beneficiaries and which is designated (in such manner as the Secretary
shall prescribe) at the time of the establishment of the trust as a
Lifetime Savings Account, but only if the written governing instrument
creating the trust meets the following requirements:
``(1) Except in the case of a qualified rollover
contribution described in subsection (d)--
``(A) no contribution will be accepted unless it is
in cash, and
``(B) contributions will not be accepted for the
calendar year in excess of the contribution limit
specified in subsection (c)(1).
``(2) 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 or who has so demonstrated with respect to any
individual retirement plan.
``(3) No part of the trust assets will be invested in life
insurance contracts.
``(4) The interest of an individual in the balance of his
account is nonforfeitable.
``(5) The assets of the trust shall not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Treatment of Contributions and Distributions.--
``(1) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions (other than qualified rollover
contributions described in subsection (d)) for any
calendar year to all Lifetime Savings Accounts
maintained for the benefit of an individual shall not
exceed $5,000.
``(B) Cost-of-living adjustment.--
``(i) In general.--In the case of any
calendar year after 2005, the $5,000 amount
under subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year,
determined by substituting `calendar
year 2004' for `calendar year 1992' in
subparagraph (B) thereof.
``(ii) Rounding rules.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next lower multiple of $500.
``(2) Distributions.--Any distribution from a Lifetime
Savings Account shall not be includible in gross income.
``(d) Qualified Rollover Contribution.--For purposes of this
section, the term `qualified rollover contribution' means a
contribution to a Lifetime Savings Account--
``(1) from another such account of the same beneficiary,
but only if such amount is contributed not later than the 60th
day after the distribution from such other account,
``(2) from a Lifetime Savings Account of a spouse of the
beneficiary of the account to which the contribution is made,
but only if such amount is contributed not later than the 60th
day after the distribution from such other account, and
``(3) before January 1, 2006, from--
``(A) a qualified tuition program pursuant to
section 529(c)(3)(E), or
``(B) a Coverdell education savings account
pursuant to section 530(d)(9).
``(e) Loss of Taxation Exemption of Account Where Beneficiary
Engages in Prohibited Transaction.--Rules similar to the rules of
paragraph (2) of section 408(e) shall apply to any Lifetime Savings
Account.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account or an annuity contract issued by an insurance company
qualified to do business in a State shall be treated as a trust under
this section if--
``(1) the custodial account or annuity contract would,
except for the fact that it is not a trust, constitute a trust
which meets the requirements of subsection (b), and
``(2) in the case of a custodial account, 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.
For purposes of this title, in the case of a custodial account or
annuity contract treated as a trust by reason of the preceding
sentence, the person holding the assets of such account or holding such
annuity contract shall be treated as the trustee thereof.
``(g) Reports.--The trustee of a Lifetime Savings Account shall
make such reports regarding such account to the Secretary and to the
beneficiary of the account with respect to contributions,
distributions, and such other matters as the Secretary may require. 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.''.
(b) Tax on Excess Contributions.--
(1) In general.--Subsection (a) of section 4973 of the
Internal Revenue Code of 1986 (relating to tax on excess
contributions to certain tax-favored accounts and annuities) is
amended by striking ``or'' at the end of paragraph (4), by
inserting ``or'' at the end of paragraph (5), and by inserting after
paragraph (5) the following new paragraph:
``(6) a Lifetime Savings Account (as defined in section
530A),''.
(2) Excess contribution.--Section 4973 of such Code is
amended by adding at the end the following new subsection:
``(h) Excess Contributions to Lifetime Savings Accounts.--For
purposes of this section--
``(1) In general.--In the case of Lifetime Savings Accounts
(within the meaning of section 530A), the term `excess
contributions' means the sum of--
``(A) the amount by which the amount contributed
for the calendar year to such accounts (other than
qualified rollover contributions (as defined in section
530A(d))) exceeds the contribution limit under section
530A(c)(1), and
``(B) the amount determined under this subsection
for the preceding calendar year, reduced by the excess
(if any) of the maximum amount allowable as a
contribution under section 530A(c)(1) for the calendar
year over the amount contributed to the accounts for
the calendar year.
``(2) Special rule.--A contribution shall not be taken into
account under paragraph (1) if such contribution (together with
the amount of net income attributable to such contribution) is
returned to the beneficiary before July 1 of the year following
the year in which the contribution is made.''.
(c) Failure To Provide Reports on Lifetime Savings Accounts.--
Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986
(relating to failure to provide reports on individual retirement
accounts or annuities) is amended by striking ``and'' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by adding at the end the following new
subparagraph:
``(F) section 530A(g) (relating to Lifetime Savings
Accounts).''.
(d) Rollovers From Certain Other Tax-Free Accounts.--
(1) Qualified state tuition plans.--Paragraph (3) of
section 529(c) of the Internal Revenue Code of 1986 (relating
to distributions) is amended by adding at the end the following
new subparagraph:
``(E) Rollovers to lifetime savings accounts.--
``(i) In general.--Subparagraph (A) shall
not apply to the qualified portion of any
distribution which, before January 1, 2006, and
within 60 days of such distribution, is
transferred to a Lifetime Savings Account
(within the meaning of section 530A) of the
designated beneficiary. This subparagraph shall
only apply to distributions in accordance with
the previous sentence from an account which was
in existence with respect to such designated
beneficiary on December 31, 2003.
``(ii) Qualified portion.--For purposes of
this subparagraph, the term `qualified portion'
means the amount equal to the sum of--
``(I) the lesser of $50,000 or the
amount which is in the account of the
designated beneficiary on December 31,
2003,
``(II) any contributions to such
account for the taxable year beginning
after December 31, 2004, and before
January 1, 2005, and
``(III) any earnings of such
account for such year.
``(iii) Limitation.--The sum of the amounts
taken into account under clause (ii)(II) with
respect to all accounts of the designated
beneficiary plus any amounts with respect to
such designated beneficiary taken into account
under section 530(d)(9)(B)(ii) shall not exceed
the sum of $5,000 plus the earnings
attributable to such amounts.''.
(2) Coverdell education savings accounts.--Subsection (d)
of section 530 of such Code (relating to tax treatment of
distributions) is amended by inserting at the end the following
new paragraph:
``(9) Rollovers to lifetime savings accounts.--
``(A) In general.--Paragraph (1) shall not apply to
the qualified portion of any amount paid or distributed
from a Coverdell education savings account to the
extent that the amount received is paid, before January
1, 2006, and not later than the 60th day after the date
of such payment or distribution, into a Lifetime
Savings Account (within the meaning of section 530A)
for the benefit of the same beneficiary. This paragraph
shall only apply to amounts paid or distributed in
accordance with the preceding sentence from an account
which was in existence with respect to such beneficiary
on December 31, 2003.
``(B) Qualified portion.--For purposes of this
paragraph, the term `qualified portion' means the
amount equal to the sum of--
``(i) the amount which is in the account of
the beneficiary on December 31, 2003,
``(ii) any contributions to such account
for the taxable year beginning after December
31, 2004, and before January 1, 2005, and
``(iii) any earnings of such account for
such year.
``(C) Limitation.--The sum of the amounts taken
into account under subparagraph (B)(ii) with respect to
all accounts of the beneficiary plus any amounts with
respect to such beneficiary taken into account under
section 529(c)(3)(E)(ii)(II) shall not exceed the sum
of $5,000 plus the earnings attributable to such
amounts.''.
(e) Conforming Amendment.--The table of parts for subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part IX. Lifetime Savings Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Amends the Internal Revenue Code to create a tax-exempt trust to be known as a "Lifetime Savings Account" for the benefit of an individual taxpayer or his beneficiaries. Allows an individual taxpayer to make cash contributions up to $5,000 each year to such trusts. Prohibits: (1) investment of trust assets in life insurance contracts; and (2) commingling of trust assets with any other property except in a common trust or investment fund. Provides for an annual cost-of-living adjustment to the contribution amount.
Excludes from gross income distributions from such a trust. Allows tax-free rollovers to a trust from: (1) another account of the trust beneficiary if the rollover from such other account is completed within 60 days of the date of distribution; (2) from a Lifetime Savings Account of the spouse of the trust beneficiary if the rollover from the spouse's account is completed within 60 days of the date of distribution; (3) from a qualified state tuition plan or a Coverdell education savings account before January 1, 2006. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to create Lifetime Savings Accounts."} | 2,675 | 229 | 0.550819 | 1.46976 | 0.900376 | 2.651961 | 11.813725 | 0.887255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Families Act''.
SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--
(1) Allowance of credit.--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. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the paid family and medical leave credit is an
amount equal to 25 percent of the amount of wages paid to qualifying
employees during any period in which such employees are on family and
medical leave.
``(b) Limitations.--
``(1) In general.--The credit allowed under subsection (a)
with respect to any employee for any taxable year shall not
exceed the lesser of--
``(A) $4,000, or
``(B) the product of the wages normally paid to
such employee for each hour (or fraction thereof) of
services performed for the employer and the number of
hours (or fraction thereof) for which family and
medical leave is taken.
For purposes of subparagraph (B), in the case of any employee
who is not paid on an hourly basis, the wages of such employee
shall be prorated to an hourly basis under regulations
established by the Secretary, in consultation with the
Secretary of Labor.
``(2) Maximum amount of leave subject to credit.--The
amount of family and medical leave that may be taken into
account with respect to any employee under subsection (a) for
any taxable year shall not exceed 12 weeks.
``(c) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means any
employer who has in place a policy that meets the following
requirements:
``(A) The policy provides--
``(i) all qualifying full-time employees
with not less than 4 weeks of annual paid
family and medical leave, and
``(ii) all qualifying employees who are not
full-time employees with an amount of annual
paid family and medical leave that bears the
same ratio to 4 weeks as--
``(I) the number of hours the
employee is expected to work during any
week, bears to
``(II) the number of hours an
equivalent qualifying full-time
employee is expected to work during the
week.
``(B) The policy requires that the rate of payment
under the program is not less than 100 percent of the
wages normally paid to such employee for services
performed for the employer.
``(2) Special rule for certain employers.--
``(A) In general.--An added employer shall not be
treated as an eligible employer unless such employer
provides paid family and medical leave under a policy
with a provision that states that the employer--
``(i) will not interfere with, restrain, or
deny the exercise of or the attempt to
exercise, any right provided under the policy,
and
``(ii) will not discharge or in any other
manner discriminate against any individual for
opposing any practice prohibited by the policy.
``(B) Added employer; added employee.--For purposes
of this paragraph--
``(i) Added employee.--The term `added
employee' means a qualifying employee who is
not covered by title I of the Family and
Medical Leave Act of 1993.
``(ii) Added employer.--The term `added
employer' means an eligible employer
(determined without regard to this paragraph),
whether or not covered by that title I, who
offers paid family and medical leave to added
employees.
``(3) Treatment of state-paid benefits.--For purposes of
paragraph (1), any leave which is paid by a State or local
government shall not be taken into account in determining the
amount of paid family and medical leave provided by the
employer.
``(4) No inference.--Nothing in this subsection shall be
construed as subjecting an employer to any penalty, liability,
or other consequence (other than ineligibility for the credit
allowed by reason of subsection (a)) for failure to comply with
the requirements of this subsection.
``(d) Qualifying Employees.--For purposes of this section, the term
`qualifying employee' means any employee (as defined in section 3(e) of
the Fair Labor Standards Act of 1938) who has been employed by the
employer for 1 year or more.
``(e) Family and Medical Leave.--For purposes of this section, the
term `family and medical leave' means leave for any purpose described
under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or
paragraph (3), of section 102(a) of the Family and Medical Leave Act of
1993, whether the leave is provided under that Act or by a policy of
the employer. Such term shall not include any leave provided as paid
vacation leave, personal leave, or medical or sick leave (within the
meaning of those 3 terms under section 102(d)(2) of that Act).
``(f) Wages.--For purposes of this section, the term `wages' has
the meaning given such term by subsection (b) of section 3306
(determined without regard to any dollar limitation contained in such
section). Such term shall not include any amount taken into account for
purposes of determining any other credit allowed under this subpart.
``(g) Election To Have Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 51(j) shall apply for
purposes of this subsection.''.
(b) Credit Part of General Business Credit.--Section 38(b) 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) in the case of an eligible employer (as defined in
section 45S(c)), the paid family and medical leave credit
determined under section 45S(a).''.
(c) Credit Allowed Against AMT.--Subparagraph (B) of section
38(c)(4) of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (vii) through (x),
respectively, and by inserting after clause (vi) the following new
clause:
``(vii) the credit determined under section
45S,''.
(d) Conforming Amendments.--
(1) Denial of double benefit.--Section 280C(a) of the
Internal Revenue Code of 1986 is amended by inserting
``45S(a),'' after ``45P(a),''.
(2) Election to have credit not apply.--Section 6501(m) of
such Code is amended by inserting ``45S(g),'' after
``45H(g),''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45S. Employer credit for paid family and medical leave.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Strong Families Act - Amends the Internal Revenue Code to allow certain employers a business-related tax credit for up to 25% of the amount of wages paid to their employees during any period (not exceeding 12 weeks) in which such employees are on family and medical leave. Limits the allowable amount of such credit to $4,000 per employee for any taxable year. | {"src": "billsum_train", "title": "Strong Families Act"} | 1,719 | 84 | 0.525053 | 1.277882 | 1.091798 | 2.666667 | 23.057971 | 0.811594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Levee Vegetation Review Act of
2012''.
SEC. 2. FLOOD CONTROL POLICY.
(a) Review.--In order to determine whether current Federal policy
relating to levee vegetation is appropriate for all regions of the
United States, the Secretary of the Army shall undertake a
comprehensive review of the Corps of Engineers policy guidelines on
vegetation management for levees (in this section referred to as the
``guidelines''). The Secretary shall commence the review not later than
6 months after the date of enactment of this Act.
(b) Factors.--
(1) In general.--In conducting the review, the Secretary
shall examine the guidelines in view of--
(A) the varied interests and responsibilities in
managing flood risks, including the need to provide the
greatest levee safety benefit with limited resources;
(B) preserving, protecting, and enhancing natural
resources, including the potential benefit that
vegetation on levees can have in providing habitat for
species of concern;
(C) protecting the rights of Native Americans
pursuant to treaties and statutes; and
(D) such other factors as the Secretary considers
appropriate.
(2) Regional and watershed considerations.--In conducting
the review, the Secretary shall specifically consider factors
that promote and allow for consideration of potential variances
from national guidelines on a regional or watershed basis. Such
factors may include regional or watershed soil conditions,
hydrologic factors, vegetation patterns and characteristics,
environmental resources, levee performance history,
institutional considerations, and other relevant factors. The
scope of a variance approved by the Secretary may include an
exemption to national guidelines where appropriate.
(c) Cooperation and Consultation; Recommendations.--
(1) In general.--The review shall be undertaken in
cooperation with interested Federal agencies and in
consultation with interested representatives of State and local
governments, Native American Indian tribes, appropriate
nongovernmental organizations, and the public.
(2) Recommendations.--Corps of Engineers Regional
Integration Teams, representing districts, divisions, and
headquarters, in consultation with State and Federal resources
agencies, and with participation by local agencies, shall
recommend to the Chief of Engineers vegetation management
policies for levees that conform with State and Federal laws
and other applicable requirements.
(d) Peer Review.--
(1) Views of national academy of engineering.--As part of
the review, the Secretary shall solicit and consider the views
of the National Academy of Engineering on the engineering,
environmental, and institutional considerations underlying the
guidelines.
(2) Availability of views.--The views of the National
Academy of Engineering obtained under paragraph (1) shall be--
(A) made available to the public; and
(B) included in supporting materials issued in
connection with the revised guidelines required under
subsection (e).
(e) Revision of Guidelines.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) revise the guidelines based on the results of
the review, including the results of the peer review
conducted under subsection (d); and
(B) submit to Congress a report that contains a
summary of the activities of the Secretary and a
description of the findings of the Secretary under this
section.
(2) Content; incorporation into manual.--The revised
guidelines shall--
(A) provide a practical process for approving
regional or watershed variances from the national
guidelines, reflecting due consideration of measures to
maximize public safety benefits with limited resources,
regional climatic variations, environmental quality,
implementation challenges, and allocation of
responsibilities; and
(B) be incorporated into the manual proposed under
section 5(c) 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 August 18, 1941 (33 U.S.C. 701n(c)).
(f) Continuation of Work.--Concurrent with completion of the
requirements of this section, the Secretary shall proceed without
interruption or delay with those ongoing or programmed projects and
studies, or elements of projects or studies, that are not directly
related to vegetation variance policy. | Levee Vegetation Review Act of 2012 - Directs the Secretary of the Army to undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees in order to determine whether current federal policy is appropriate for all regions of the United States. Requires the Secretary to examine the guidelines in view of factors including: (1) the varied interests and responsibilities in managing flood risks; (2) preserving, protecting, and enhancing natural resources; (3) protecting the rights of Native Americans pursuant to treaties and statutes; and (4) factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis.
Directs Corps of Engineers Regional Integration Teams representing districts, divisions, and headquarters, in consultation with state and federal resources agencies and with participation by local agencies, to recommend to the Chief of Engineers vegetation management policies for levees that conform with state and federal laws and other applicable requirements.
Directs the Secretary to: (1) solicit and consider the views of the National Academy of Engineering on the engineering, environmental, and institutional considerations underlying the guidelines; and (2) revise the guidelines based on the results of the review and report to Congress. Requires the revised guidelines to: (1) provide a practical process for approving regional or watershed variances from the national guidelines, and (2) be incorporated into a proposed manual. | {"src": "billsum_train", "title": "To direct the Secretary of the Army to undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees, and for other purposes."} | 920 | 297 | 0.762463 | 2.311987 | 0.876346 | 5.543071 | 3.17603 | 0.958801 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benjamin Franklin Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Benjamin Franklin made historic contributions to the
development of our Nation in a number of fields: government,
business, science, communications, and the arts.
(2) Benjamin Franklin was the only Founding Father to sign all
of our Nation's organizational documents.
(3) Benjamin Franklin spent his career as a successful printer,
which included printing the official currency for the colonies of
Pennsylvania, Delaware, New Jersey and Maryland.
(4) Franklin's ``Essay on Paper Currency'' of 1741 proposed
methods to fix the rate of exchange between the colonies and Great
Britain.
(5) Benjamin Franklin, during the American Revolution, designed
the first American coin, the ``Continental'' penny.
(6) Franklin made ``A Penny Saved is A Penny Earned'' a
household phrase to describe the American virtues of hard work and
economical living.
(7) Franklin played a major role in the design of the Great
Seal of the United States, which appears on the One Dollar Bill and
other major American symbols.
(8) Before 1979, Benjamin Franklin was the only non-president
of the United States whose image graced circulating coin and paper
currency.
(9) The official United States half dollar from 1948-1963
showed Franklin's portrait, as designed by John Sinnock.
(10) Franklin's ``Way to Wealth'' has come to symbolize
America's commitment to free enterprise.
(11) The Franklin Institute Science Museum in Philadelphia
houses the first steam printing machine for coinage, used by the
United States Mint, which was placed in service in 1836, the 130th
anniversary year of Franklin's birth.
(12) In 1976, Franklin Hall in The Franklin Institute Science
Museum in Philadelphia was named the Official National Monument to
the great patriot, scientist and inventor.
(13) The Franklin Institute and four other major Franklin-
related Philadelphia cultural institutions joined hands in 2000 to
organize international programs to commemorate the forthcoming
300th anniversary of Franklin's birth in 2006.
(14) The Congress passed the Benjamin Franklin Tercentenary Act
in 2002, creating a panel of distinguished Americans, with its
Secretariat in Philadelphia, to work with the private sector in
recommending appropriate Tercentenary programs.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $1 silver coins with younger franklin image on obverse.--
Not more than 250,000 $1 coins bearing the designs specified in
section 4(a)(2), 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.
(2) $1 silver coins with older franklin image on obverse.--Not
more than 250,000 $1 coins bearing the designs specified in section
4(a)(3), 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.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(d) Use of the United States Mint at Philadelphia, Pennsylvania.--
It is the sense of the Congress that the coins minted under this Act
should be struck at the United States Mint at Philadelphia,
Pennsylvania, to the greatest extent possible.
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 life and legacy of Benjamin Franklin.
(2) $1 coins with younger franklin image.--
(A) Obverse.--The obverse of the coins minted under section
3(a)(1) shall bear the image of Benjamin Franklin as a young
man.
(B) Reverse.--The reverse of the coins minted under section
3(a)(1) shall bear an image related to Benjamin Franklin's role
as a patriot and a statesman.
(3) $1 coins with older franklin image.--
(A) Obverse.--The obverse of the coins minted under section
3(a)(2) shall bear the image of Benjamin Franklin as an older
man.
(B) Reverse.--The reverse of the coins minted under section
3(a)(2) shall bear an image related to Benjamin Franklin's role
in developing the early coins and currency of the new country.
(4) 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 ``2006''; 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
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2006, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(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) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4 may be sold separately or as a set containing
a coin of each such design.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the Franklin Institute for purposes of the Benjamin
Franklin Tercentenary Commission.
(c) Audits.--The Franklin Institute shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received by the Institute pursuant to
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the tercentenary of the birth of Benjamin Franklin, and for other purposes."} | 1,888 | 35 | 0.523847 | 1.285462 | 0.093867 | 5.448276 | 57.862069 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Residential Energy and Economic
Savings Act'' or the ``TREES Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the utility sector is the largest single source of
greenhouse gas emissions in the United States today, producing
approximately one-third of the country's emissions;
(2) heating and cooling homes accounts for nearly 60
percent of residential electricity usage in the United States;
(3) shade trees planted in strategic locations can reduce
residential cooling costs by as much as 30 percent;
(4) strategically planted shade trees can provide
significant carbon benefits both directly (sequestration by the
growing tree) and indirectly (reductions in carbon emissions
from electricity conservation);
(5) trees can reduce the rate and magnitude of stormwater
runoff and improve surface water quality;
(6) trees reduce topsoil erosion, prevent harmful land
pollutants contained in soil from getting into our waterways,
slow down water run-off, and ensure that our groundwater
supplies are continually being replenished; and
(7) trees strategically placed on or near residential
property can increase a home's property value.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``nonprofit tree-planting organization'' means
any organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from
taxation under section 501(a) of such Code (26 U.S.C. 501(a)),
which exists, in whole or in part, to--
(A) expand urban and residential tree cover;
(B) distribute young trees for planting;
(C) increase awareness of the environmental and
energy-related benefits of trees;
(D) educate the public about proper tree planting,
care, and maintenance strategies; or
(E) carry out any combination of the foregoing
activities.
(2) The term ``retail power provider'' means any entity
authorized under applicable State or Federal law to generate,
distribute, or provide retail electricity, natural gas, or fuel
oil service.
(3) The term ``Secretary'' means the Secretary of Energy.
(4) The term ``State'' means each of the several States,
the District of Columbia, and each commonwealth, territory, or
possession of the United States.
(5) The term ``tree-siting guidelines'' means a
comprehensive list of science-based measurements outlining the
species and minimum distance required between trees planted
pursuant to this Act, in addition to the minimum required
distance to be maintained between such trees and--
(A) building foundations;
(B) air conditioning units;
(C) driveways and walkways;
(D) property fences;
(E) preexisting utility infrastructure;
(F) septic systems;
(G) swimming pools; and
(H) other infrastructure as determined appropriate.
SEC. 4. PURPOSE.
The purpose of this Act is to assist retail power providers with
the establishment and operation of targeted residential tree-planting
programs, for the following purposes:
(1) Reducing the peak-load demand for electricity in
residential areas during the summer months through direct
shading of residential buildings provided by strategically
planted trees.
(2) Reducing wintertime demand for energy in residential
areas by blocking cold winds from reaching homes, which lowers
interior temperatures and drives heating demand.
(3) Protecting air quality and public health by removing
harmful pollution from the air.
(4) Utilizing the natural photosynthetic and transpiration
process of trees to lower ambient temperatures and absorb
carbon dioxide, thus mitigating the effects of climate change.
(5) Lowering electric bills for residential ratepayers by
limiting electricity consumption without reducing benefits.
(6) Relieving financial and demand pressure on retail power
providers that stems from large peak-load energy demand.
(7) Protecting water quality and public health by reducing
stormwater runoff and keeping harmful pollutants from entering
waterways.
(8) Promoting community education, involvement, and
stewardship of much-needed tree canopy coverage in residential
communities.
SEC. 5. GENERAL AUTHORITY.
(a) Authority.--The Secretary may establish a grant program to
provide financial, technical, and related assistance to retail power
providers to support the establishment of new, or continued operation
of existing, targeted residential tree-planting programs.
(b) Public Recognition Initiative.--In addition to the authority
provided under subsection (a), the Secretary may also create a national
public recognition initiative to encourage participation in tree-
planting programs by retail power providers.
(c) Cooperation.--In carrying out the grant program established
pursuant to subsection (a), the Secretary may cooperate with, and
provide financial, technical, and related assistance for such
cooperation to, State foresters or equivalent State officials.
(d) Requirements for Qualified Tree-Planting Programs.--In order to
qualify for assistance under this Act, a retail power provider shall,
in accordance with this Act, establish and operate, or continue
operating, a tree-planting program that meets each of the following
requirements:
(1) The program shall provide free or discounted shade-
providing or wind-reducing trees to residential consumers
interested in lowering their home energy costs.
(2) The program shall optimize the electricity-consumption
reduction benefit of each tree by planting in strategic
locations around a given residence.
(3) The program shall either--
(A) provide maximum amounts of shade during summer
intervals when residences are exposed to the most sun
intensity; or
(B) provide maximum amounts of wind protection
during fall and winter intervals when residences are
exposed to the most wind intensity.
(4) The program shall use the best available science to
create and utilize tree-siting guidelines which dictate where
the optimum tree species are best planted in locations that
ensure adequate root development and that achieve maximum
reductions in consumer energy demand while causing the least
disruption to public infrastructure, considering overhead and
underground facilities.
(5) The program shall provide tree recipients with tree
planting and tree care instruction and education prior to or in
conjunction with delivery of free or discounted trees.
(6) The program shall receive certification from the
Secretary that it is designed to achieve the goals set forth in
paragraphs (1) through (5). In designating criteria for such
certification, the Secretary shall collaborate with the Forest
Service's Urban and Community Forestry Program to ensure that
certification requirements are consistent with such goals.
(e) New Program Funding Share.--The Secretary shall ensure that no
less than 30 percent of the funds made available under this Act are
distributed to retail power providers which--
(1) have not previously established or operated qualified
tree-planting programs; or
(2) are operating qualified tree-planting programs which
were established no more than three years prior to the date of
enactment of this Act.
SEC. 6. AGREEMENTS BETWEEN RETAIL POWER PROVIDERS AND NONPROFIT TREE-
PLANTING ORGANIZATIONS.
(a) Grant Authorization.--In providing assistance under this Act,
the Secretary is authorized to award grants only to retail power
providers that have entered into binding legal agreements with
nonprofit tree-planting organizations.
(b) Conditions of Agreement.--An agreement between a retail power
provider and a nonprofit tree-planting organization under subsection
(a) shall set forth conditions under which such nonprofit tree-planting
organization shall carry out a targeted residential tree-planting
program. Such conditions--
(1) shall require the organization to participate in a
local technical advisory committee in accordance with section
7; and
(2) may require the organization to--
(A) coordinate volunteer recruitment to assist with
the physical act of planting trees in residential
locations;
(B) undertake public awareness campaigns to educate
local residents about the benefits, cost savings, and
availability of free shade trees;
(C) establish education and information campaigns
to encourage recipients to maintain their shade trees
over the long term;
(D) serve as the point of contact for existing and
potential residential participants who have questions
or concerns regarding the tree-planting program;
(E) require tree recipients to sign agreements
committing to voluntary stewardship and care of
provided trees;
(F) monitor and report on the survival, growth,
overall health, and estimated energy savings of
provided trees up until the end of their establishment
period which shall be no less than five years; and
(G) ensure that trees planted near existing power
lines will not interfere with energized electricity
distribution lines when mature, and that no new trees
will be planted under or adjacent to high-voltage
electric transmission lines without prior consultation
with the applicable retail power provider receiving
assistance under this Act.
(c) Lack of Nonprofit Tree-Planting Organization.--
(1) In general.--If a qualified nonprofit tree-planting
organization does not exist or operate within areas served by
retail power providers applying for assistance under this Act,
the requirements of this section shall apply to binding legal
agreements entered into by such retail power providers and one
of the following entities:
(A) Local municipal governments with jurisdiction
over the urban or suburban forest.
(B) Conservation districts.
(2) Cooperative agreements.--With respect to an area
described in paragraph (1), a local municipal government or
conservation district that enters into a binding legal
agreement with a retail power provider pursuant to such
paragraph may, to fulfill the conditions of such binding legal
agreement, enter into a cooperative agreement with a not-for-
profit organization in such area that exists in whole, or in
part, to meet the goals and objectives described in
subparagraphs (A) through (E) of section 3(1).
SEC. 7. TECHNICAL ADVISORY COMMITTEES.
(a) Description.--In order to qualify for assistance under this
Act, a retail power provider shall consult with the nonprofit tree-
planting organization with which it has entered into a binding legal
agreement under section 6 and State foresters or equivalent State
officials to establish a local technical advisory committee which shall
provide advice and consultation to the applicable tree-planting
program. The advisory committee may--
(1) design and adopt an approved plant list that emphasizes
the use of hardy, noninvasive tree species and, where
geographically appropriate, the use of native or low water-use
shade trees or both;
(2) design and adopt planting, installation, and
maintenance specifications and create a process for inspection
and quality control;
(3) ensure that tree recipients are educated to care for
and maintain their trees over the long term;
(4) help the public become more engaged and educated in the
planting and care of shade trees;
(5) prioritize which sites receive trees, giving preference
to locations with the most potential for energy conservation
and secondary preference to areas where the average annual
income is below the regional median; and
(6) assist with monitoring and collection of data on tree
health, tree survival, and energy conservation benefits
generated under this Act.
(b) Compensation.--Individuals serving on local technical advisory
committees shall not receive compensation for their service.
(c) Composition.--Local technical advisory committees shall be
composed of representatives from public, private, and nongovernmental
organizations with expertise in demand-side energy efficiency
management, urban forestry, or arboriculture, and shall be composed of
the following:
(1) Up to 4 persons, but no less than one person,
representing the retail power provider receiving assistance
under this Act.
(2) Up to 4 persons, but no less than one person,
representing the nonprofit tree-planting organization which
will partner with the retail power provider to carry out this
Act.
(3) Up to 3 persons representing local nonprofit
conservation or environmental organizations. Preference shall
be given to those organizations which are organized under
section 501(c)(3) of the Internal Revenue Code of 1986, and
which have demonstrated expertise engaging the public in energy
conservation, energy efficiency, or green building practices or
a combination thereof, such that no single organization is
represented by more than one individual under this subsection.
(4) Up to 2 persons representing a local affordable housing
agency, affordable housing builder, or community development
corporation.
(5) Up to 3, but no less than one, persons representing
local city or county government for each municipality where a
shade tree-planting program will take place and at least one of
these representatives shall be the city or county forester,
city or county arborist, conservation district forester or
functional equivalent.
(6) Up to one person representing the local government
agency responsible for management of roads, sewers, and
infrastructure, including public works departments,
transportation agencies, or equivalents.
(7) Up to 2 persons representing the nursery and
landscaping industry.
(8) Up to 2 persons, but no less than one person,
representing State foresters or equivalent State officials.
(9) Up to 3 persons representing the research community or
academia with expertise in natural resources or energy
management issues.
(d) Chairperson.--
(1) In general.--Each local technical advisory committee
shall elect a chairperson to preside over Committee meetings,
act as a liaison to governmental and other outside entities,
and direct the general operation of the committee.
(2) Eligibility.--Only committee representatives under
subsection (c)(1) or subsection (c)(2) shall be eligible to act
as a local technical advisory committee chairperson.
(e) Credentials.--At least one of the members of each local
technical advisory committee shall be certified with one or more of the
following credentials: International Society of Arboriculture;
Certified Arborist, ISA; Society of American Foresters Certified
Forester; Certified Arborist Municipal Specialist, ISA; Certified
Arborist Utility Specialist, ISA; Board Certified Master Arborist; or
Landscape Architect recommended by the American Society of Landscape
Architects.
SEC. 8. COST-SHARE PROGRAM.
(a) Federal Share.--The Federal share of support for any tree-
planting program funded under this Act shall not exceed 50 percent of
the cost of such program and shall be provided on a matching basis.
(b) Non-Federal Share.--The non-Federal share of such costs may be
paid or contributed by any governmental or nongovernmental entity other
than from funds derived directly or indirectly from an agency or
instrumentality of the United States.
SEC. 9. RULEMAKING.
(a) Rulemaking Period.--The Secretary is authorized to solicit
comments and initiate a rulemaking period that shall last no more than
6 months after the date of enactment of this Act.
(b) Competitive Grant Rule.--At the conclusion of the rulemaking
period under subsection (a), the Secretary shall promulgate a rule
governing a public, competitive grants process through which retail
power providers may apply for Federal assistance under this Act.
SEC. 10. NONDUPLICITY.
Nothing in this Act shall be construed to supersede, duplicate,
cancel, or negate the programs or authorities provided under section 9
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | The Residential Energy and Economic Savings Act or the TREES Act - Authorizes the Secretary of Energy (DOE) to: (1) establish a grant program to provide financial, technical, and related assistance to retail power providers to support the establishment of new, or continued operation of existing, targeted residential tree-planting programs; and (2) create a national public recognition initiative to encourage such providers to participate in such programs. Sets forth requirements that must be met for tree-planting programs to qualify for assistance, including a requirement to provide free or discounted shade-providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires a provider, in order to qualify for assistance, to consult with such organization and state foresters to establish a local technical advisory committee, which shall provide advice and consultation to the program. Authorizes the advisory committee to: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. | {"src": "billsum_train", "title": "TREES Act"} | 3,226 | 379 | 0.564259 | 1.742206 | 0.765421 | 7.039886 | 8.948718 | 0.97151 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Quality Index Act of
1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) cohort default rates alone do not indicate the quality
of an educational institution;
(2) for the purpose of evaluating performance of an
institution of higher education, the population which that
institution serves should be taken into account;
(3) schools whose students are from less affluent
backgrounds have more difficulty with cohort default rate
standards;
(4) use of the cohort default rates as a determinant for
participation in Federal student loan programs has kept
technical and vocational school operators from opening schools
in impoverished areas;
(5) many individuals living in impoverished areas have been
effectively denied an opportunity to access technical and
vocational higher education; and
(6) the performance of a technical or vocational
institution of higher education can be measured by objective
data concerning the outcome from the perspective of the
student.
SEC. 3. USE OF EDUCATIONAL QUALITY IN INSTITUTIONAL ELIGIBILITY FOR
GUARANTEED STUDENT LOAN PROGRAM.
Section 435(a) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (4)'';
(2) in paragraph (2), by striking ``An institution'' and
inserting ``Except as provided in paragraph (4), an
institution'';
(3) by adding at the end the following new paragraph:
``(4) Ineligibility based on educational quality index.--
``(A) Use of index in place of cohort default
rate.--A proprietary institution of higher education
(as such term is defined in section 481(b)) shall not
be subject to ineligibility determinations under
paragraph (2), but shall be subject to such
determinations on the basis of the educational quality
index prescribed under this paragraph.
``(B) Prescription of index.--The Secretary of
Education shall by regulation prescribe an educational
quality index for the purpose of evaluating the
programs of proprietary institutions of higher
education. Such index shall be equal to the sum of the
following component indexes:
``(i) A placement rate index which shall be
based on the percentage of students who are
employed in the field for which the institution
has trained them.
``(ii) An index based on the institution's
cohort default rate (as determined under
subsection (m)).
``(iii) A successful completion index which
shall be based on graduation rates (as
determined for purposes of section
484(a)(1)(C)), or on certification or licensure
rates (if available).
``(C) Contents of regulations.--The regulations
prescribed by the Secretary under subparagraph (B)
shall--
``(i) define the minimum aggregate score
that an proprietary institution of higher
education must achieve, as a sum of the 3
indexes established under clauses (i), (ii),
and (iii) of such subparagraph, in order for
the institution to remain eligible to
participate in the programs under this part;
``(ii) provide that each of such indexes
shall be adjusted by multiplying such index by
the sum of one plus a fraction (expressed as a
decimal) equal to the difference between--
``(I) the fraction (expressed as a
decimal) of such institution's enrolled
students who are eligible for Pell
grants, minus
``(II) the fraction (expressed as a
decimal) of all students at all
institutions of higher education who
are so eligible,
``(iii) provide that the weights to be
attributed to such 3 indexes for purposes of
aggregating such score shall require that, of
the maximum possible aggregate score--
``(I) 50 percent shall be
attributed to the index described in
subparagraph (B)(i);
``(II) 30 percent shall be
attributed to subparagraph (B)(ii); and
``(III) 20 percent shall be
attributed to subparagraph (B)(iii);
and
``(iv) establish the procedures for the
determination of scores for individual
institutions, and for the resolution of
disputes concerning such scores.''.
SEC. 4. USE OF EDUCATIONAL QUALITY INDEX IN PROGRAM INTEGRITY REVIEWS.
(a) State Review Entity Criteria.--Section 494C(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1099a-3(a)(1)) is amended by inserting
before the period the following: ``or, in the case of a proprietary
institution of higher education, an educational quality index score
that does not equal or exceed the minimum established by the Secretary
under section 435(a)(4)(B)(i)''.
(b) Program Review.--Section 498A(a)(2)(A) of such Act (20 U.S.C.
1099c-1(a)(2)(A)) is amended by inserting before the semicolon the
following: ``or, in the case of a proprietary institution of higher
education, an educational quality index score that does not equal or
exceed the minimum established by the Secretary under section
435(a)(4)(B)(i)''. | Educational Quality Index Act of 1997 - Amends the Higher Education Act of 1965 to substitute evaluations of educational quality for cohort default rates in eligibility determinations for proprietary institutions of higher education under the Federal student loan insurance program of the Federal Family Education Loan Program (guaranteed student loans).
Establishes as the eligibility criteria requiring a program integrity review for a proprietary institution an educational quality index score that does not equal or exceed a minimum established by the Secretary of Education. | {"src": "billsum_train", "title": "Educational Quality Index Act of 1997"} | 1,201 | 101 | 0.569803 | 1.444503 | 1.040668 | 3.272727 | 12.045455 | 0.886364 |
SECTION 1. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
CERTAIN RETIREMENT PLANS AND ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue Code of
1986 (relating to required distributions) is amended by adding at the
end the following new subparagraph:
``(H) Temporary waiver of minimum required
distribution.--
``(i) In general.--The requirements of this
paragraph shall not apply in calendar year 2008
or 2009.
``(ii) Plans must allow elections.--A trust
forming part of a plan shall not constitute a
qualified trust under this subsection unless
the plan provides that it will allow an
employee or beneficiary to elect to eliminate
or reduce payments or distributions during
calendar year 2009 which would otherwise be
made to meet the requirements of this
paragraph. This clause shall not apply to an
employee or beneficiary who is receiving, after
the annuity starting date, distributions under
the plan through an annuity contract issued by
a company licensed to do business as an
insurance company under the laws of any State.
``(iii) Election.--An election under clause
(ii) shall be made at such time and in such
manner as the Secretary may prescribe.
``(iv) Coordination with similar
requirements.--In the case of--
``(I) an individual retirement
account or annuity described in section
408, this subparagraph shall be applied
without regard to clauses (ii) and
(iii), and
``(II) an eligible deferred
compensation plan described in section
457(b), this subparagraph shall only
apply to such a plan maintained by an
employer described in section
457(e)(1)(A).
``(v) Special rules regarding suspension
period.--For purposes of this paragraph--
``(I) the required beginning date
with respect to such individual shall
be determined without regard to this
subparagraph for purposes of applying
this paragraph to calendar years after
2009, and
``(II) if clause (ii) of
subparagraph (B) applies to such
individual, the amount of any
distribution required by this paragraph
for 2008 or 2009 which was not made (or
rolled over) by reason of this
subparagraph shall be required to be
distributed in 2010.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of the
Internal Revenue Code of 1986 (defining eligible rollover distribution)
is amended by adding at the end the following new flush sentence:
``Subparagraph (A) shall not apply to any distributions made in
2008 or 2009 to an individual who is not subject to the
required minimum distribution rules under section 401(a)(9) for
the calendar year solely by reason of the application of
section 401(a)(9)(H). In the case of a distribution which is
treated as an eligible rollover distribution solely by reason
of the preceding sentence, such distribution shall not be
treated as an eligible rollover distribution for purposes of
section 401(a)(31) or 3405(c) or subsection (f) of this
section.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
(2) Extension of rollover periods for distributions in
2008.--
(A) In general.--In the case of a distribution from
an eligible retirement plan made during 2008 to an
individual who is not subject to the required minimum
distribution rules under section 401(a)(9) of the
Internal Revenue Code of 1986 for the calendar year
solely by reason of the application of section
401(a)(9)(H) of such Code--
(i) the 60-day period under section
402(c)(3) or 408(d)(3) of such Code during
which such distribution may be rolled over,
whichever is applicable, shall not end before
the later of--
(I) the due date (determined
without regard to any extension) for
filing the return of tax imposed by
chapter 1 of such Code for the taxable
year in which the distribution was
made, or
(II) the date which is 60 days
after the date of the enactment of this
Act,
(ii) in the case of an individual
retirement plan, the limitation under section
408(d)(3)(B) of such Code shall not apply to
any rollover contribution of the distribution,
and
(iii) subject to such rules or guidance as
the Secretary of the Treasury or the
Secretary's delegate may prescribe--
(I) notwithstanding section
408(d)(3)(C) of such Code, if such
individual is the beneficiary of an
inherited individual retirement account
or annuity, the individual may rollover
such distribution, and
(II) notwithstanding section
402(c)(11) of such Code, such
individual shall not be treated as
failing to meet the requirements of
such section solely because the
transfer is not made in a direct
trustee-to-trustee transfer.
(B) Eligible retirement plan.--For purposes of this
paragraph, the term ``eligible retirement plan'' has
the meaning given such term by section 402(c)(8)(B) of
such Code.
(3) Provisions relating to plan or contract amendments.--
(A) In general.--If this paragraph applies to any
pension plan or contract amendment, such pension plan
or contract shall be treated as being operated in
accordance with the terms of the plan during the period
described in subparagraph (B)(ii)(I).
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply
to any amendment to any pension plan or annuity
contract which--
(I) is made by reason of the
amendments made by this section, and
(II) is made on or before the last
day of the first plan year beginning on
or after January 1, 2011.
In the case of a governmental plan, subclause
(II) shall be applied by substituting ``2012''
for ``2011''.
(ii) Conditions.--This paragraph shall not
apply to any amendment unless--
(I) during the period beginning on
January 1, 2009, and ending on December
31, 2009 (or, if earlier, the date the
plan or contract amendment is adopted),
the plan or contract is operated as if
such plan or contract amendment were in
effect; and
(II) such plan or contract
amendment applies retroactively for
such period. | Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution to recontribute such distribution to their retirement plans. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008 and 2009."} | 1,447 | 53 | 0.512615 | 1.204946 | 0.665476 | 1.275 | 32 | 0.775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Energy Control Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that the exploration for and the commercial
development of geothermal energy in the United States, and the
marketing of any energy developed from such geothermal energy, is a
part of the interstate commerce of the United States. The Congress
further finds that geothermal energy is a national resource of the
United States and that it is in the national interest for the Congress
to control and conserve the development of this national resource.
SEC. 3. NATIONAL GEOTHERMAL ENERGY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Geothermal Energy Commission (hereinafter in this Act
referred to as the ``Commission'') which shall be composed of 9
Commissioners who shall be appointed by the President, by and with the
advice and consent of the Senate, one of whom shall be designated by
the President as Chairman and shall be the principal executive officer
of the Commission. Each Chairman, when so designated, shall act as such
until the expiration of his term of office.
(b) Terms.--The Commissioners first appointed under this section
shall continue in office for terms of 1, 2, 3, 4, and 5 years,
respectively, from the date of their appointment by the President. The
term of each such Commissioner first appointed shall be designated by
the President at the time of his appointment. The successor of each
such Commissioner first appointed and of each such Commissioner
appointed thereafter shall be appointed for a term of 5 years from the
date of the expiration of the term for which his predecessor was
appointed, except that any person appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed only for the expiration of such term. Not
more than 5 of the Commissioners serving at any one time shall have
been appointed from the same political party. No individual in the
employ of or holding any official relation to any person licensed under
this Act, or owning stocks or bonds of such person, or in any manner
pecuniarily interested in such persons, shall hold the office of
Commissioner. No Commissioner shall engage in any other business,
vocation, or employment, except for his duties under this Act. No
vacancy in the Commission shall impair the right of the remaining
Commissioners to exercise all the powers of the Commission. Five
members of the Commission shall constitute a quorum for the transaction
of business, and the Commission shall have an official seal of which
judicial notice shall be taken. The Commission shall annually elect a
Vice Chairman to act in case of the absence or disability of the
Chairman or in case of a vacancy in the office of Chairman.
(c) Expenses.--Each Commissioner shall receive necessary traveling
and subsistence expenses, or per diem allowance in lieu thereof, within
the limitation prescribed by law, while away from the principal office
of the Commission upon official business.
(d) Meetings.--The principal office of the Commission shall be in
the District of Columbia, where its general sessions shall be held; but
whenever the convenience of the public or of the parties may be
promoted or delay or expense prevented thereby, the Commission may hold
special session in any part of the United States.
SEC. 4. DIRECTOR AND STAFF.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairman of the Commission, and who shall be paid at
the rate of basic pay in effect for grade GS-18 of the General
Schedule.
(b) Personnel.--Subject to such rules as may be adopted by the
Commission, the Director may appoint and fix the pay of such personnel
as he deems desirable.
(c) Pay.--The Director and staff of the Commission may be appointed
without regard to the provisions of title 5 of the United States Code,
governing appointments in the competitive service, and such staff may
be paid without regard to the provisions of chapter 51, subchapter III
of chapter 53 and chapter 54 of such title relating to classification
and pay rates.
(d) Consultants.--Subject to such rules as may be adopted by the
Commission, the Director may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b) of
title 5 of the United States Code.
(e) Detail of Personnel.--Upon request of the Commission, the head
of any Federal agency is authorized to detail, on a reimbursable basis,
any of the personnel of such agency to the Commission to assist it in
carrying out its duties under this Act.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Hearing and Testimony.--The Commission may for the purpose of
carrying out this Act hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence as the
Commission may deem advisable. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(b) Agents.--When so authorized by the Commission, any member or
agent of the Commission may take any action which the Commission is
authorized to take by this section.
(c) Information.--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 Chairman of the
Commission, the head of such department or agency shall furnish such
information to the Commission.
(d) Mail.--The Commission may use the United States mails in the
same manner and upon the same conditions as other departments and
agencies of the United States.
SEC. 6. PROSPECTS FOR GEOTHERMAL STEAM.
(a) Determination.--Within a year after the date of enactment of
this Act, the Commission shall determine (for all lands in the United
States which are not included in the geothermal leasing authority of
section 3 of the Geothermal Steam Act of 1970 (30 U.S.C. 1002) or any
geothermal development program conducted under any authority granted to
any Secretary of a military department) all areas in which the geology,
nearby discoveries, competitive interests, or other indicia would, in
the opinion of the Commission, engender a belief in people who are
experienced in the subject matter that the prospects for the extraction
of geothermal steam and associated geothermal resources are good enough
to warrant expenditures of money for that purpose. The Commission shall
divide all such areas into parcels of satisfactory size for the
purposes of licensing for exploration and development under subsection
(b).
(b) List of Parcels.--Immediately after the Commission divides
areas into parcels under subsection (a), it shall publish the list of
such parcels in the Federal Register. At any time after such
publication, any person who wants to explore for geothermal steam and
associated geothermal resources in any such parcel shall apply to the
Commission for a license for such exploration. The Commission shall
grant a license for any such parcel to the first person who applies for
a license for such parcel who the Commission determines is capable of
carrying out a complete exploration in such parcel for geothermal steam
and associated geothermal resources. The Commission may refuse to grant
a license to such person if--
(1) such person has already been granted what the
Commission determines to be an excessive number of licenses
under this subsection in the same State as his present license
application, and
(2) there is another eligible applicant for such license
who has not been granted such an excessive number of licenses
in such State. A person may only commercially develop
geothermal steam and associated geothermal resources on any
such parcel if he has been granted a license for such parcel
under this subsection, and then only during the period of the
license's validity as determined under subsection (c).
(c) Term of License.--Any license granted under subsection (b)
shall be valid for a period of 99 years. If geothermal steam and
associated geothermal resources are found on the parcel for which such
license is granted, and if such steam and resources are developed in
commercial quantities within such 99-year period, such license may be
extended at the option of the licensee for as long as such steam and
resources are so developed. However, all extensions under the preceding
sentence shall not exceed ninety-nine years. If such steam and
resources are being commercially developed at the end of such ninety-
nine-year extension, the licensee shall have a preferential right to
renew the lease for another ninety-nine-year period under such terms
and conditions as the Commission may prescribe.
(d) Exclusive Rights.--Any license granted for a parcel under
subsection (b) or extended or renewed under subsection (c) shall be the
exclusive license for such parcel as long as such license is valid.
(e) Termination.--Any license granted under subsection (b),
extended or renewed under subsection (c), or transferred under section
8 may, after a hearing on the record, be terminated by the Commission
for a violation of the terms of the license which the Commission may
prescribe. However, such terms may not be inconsistent with any of the
provisions of this Act. Before the termination of a license under this
subsection, the Commission shall give the licensee an opportunity to
correct such violation within a reasonable period of time. The
Commission shall establish regulations for regranting licenses
terminated under this subsection.
SEC. 7. MARKETING.
(a) In General.--Any person who holds a license granted under
section 6(b) for a parcel may apply to the Commission for a license to
market the geothermal steam and associated geothermal resource found in
such parcel, but such steam and resource must be marketed in the same
energy form as such steam and resource was extracted from such parcel,
or be marketed as water. The Commission shall grant such a license for
marketing for a geographic area which the Commission determines is the
most reasonable area to market successfully such steam and resource.
There shall only be one license for marketing granted under this
section for any geographic area.
(b) Validity.--Any license for marketing granted under subsection
(a) shall be valid for as long as the person holding such license also
holds his license for the same parcel granted under section 6(b).
SEC. 8. TRANSFER OF LICENSE.
Any person granted a license under section 6 may transfer such
license to another person for the commercial development of the
geothermal steam and associated geothermal resource which the person
granted such license discovered under such license. Any person granted
a license for the marketing of such steam and resource may transfer
such license to another person for such marketing. However, the person
proposing a transfer of a license under this section shall inform the
Commission concerning the transfer within seven working days before the
transfer. The Commission shall approve the transfer if the transferee
is eligible under section 9(a).
SEC. 9. CITIZENSHIP; SALE OF ENERGY.
(a) Citizenship.--Any person granted a license by the Commission
under section 6, and any other person to whom such a license is
transferred under section 8, shall be a United States citizen or shall
be a person owned or controlled by a United States citizen.
(b) Sale of Energy.--If any holder of a license under this Act
converts any geothermal steam and associated geothermal resource
covered by such license to electrical or any other form of energy, he
may only sell such electrical or other form of energy (for transmission
to consumers) to an existing utility company or other person which is
licensed, or in any other way has the authority, to transmit the
electricity or any other form of energy. Also, such licenseholder may
sell such steam and resource to such an existing utility company or
other person for conversion into electricity or any other form of
energy.
SEC. 10. OTHER PROVISIONS OF LAW.
Nothing contained in this Act shall relieve any person from the
operation of sections 1 to 13, 14 to 19, 20, 21, 22 to 27, 41 to 46,
and 47 to 58 of title 15 of the United States Code and sections 52 and
53 of title 29. In the event a licensee is found by a court of
competent jurisdiction, either in an original action in that court or
in a proceeding to enforce or review the findings or orders of any
Government agency having jurisdiction under the sections cited above,
to have violated any of the provisions of such sections in the conduct
of the licensed activity, the Commission may suspend, revoke, or take
such other action as it may deem necessary with respect to any license
issued by the Commission under the provisions of this Act.
SEC. 11. DEFINITIONS.
For the purposes of this Act, the term ``geothermal steam and
associated geothermal resources'' shall have the same meaning as such
term has in section 2(c) of the Geothermal Steam Act of 1970 (30 U.S.C.
1001(c)). | Geothermal Energy Control Act of 1993 - Establishes the National Geothermal Energy Commission.
Requires the Commission to determine and publish in the Federal Register a list of those areas in the United States which have a potential for the extraction of geothermal resources.
Directs the Commission to grant exclusive 99-year licenses to persons capable of carrying out exploration and development of geothermal resources in such areas.
Permits a licensee under this Act to apply for a license to market the geothermal resources from the licensee's area in their natural state. Requires the Commission to grant a marketing license for the most reasonable geographic area to successfully market geothermal resources. Limits marketing licenses to one per geographic area. Provides that a marketing license shall be valid for as long as the licensee holds the exploration and development license.
Permits the transfer of exploration, development, and marketing licenses with the Commission's approval.
Requires that a licensee under this Act be a U.S. citizen or a person owned or controlled by a U.S. citizen.
Restricts the sale of geothermal resources which have been converted to electrical or other energy forms to existing utility companies or other persons licensed to transmit such energy. Permits the sale of geothermal resources to such a company or person for conversion into other energy forms. | {"src": "billsum_train", "title": "Geothermal Energy Control Act of 1993"} | 2,809 | 300 | 0.534757 | 1.572371 | 0.827364 | 2.265306 | 10.702041 | 0.893878 |
SECTION 1. EVERGLADES NATIONAL PARK.
Section 102 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-6) is amended--
(1) in subsection (a)--
(A) by striking ``The park boundary'' and inserting
the following:
``(1) In general.--The park boundary'';
(B) by striking ``The map'' and inserting the
following:
``(2) Availability of map.--The map''; and
(C) by adding at the end the following:
``(3) Acquisition of additional land.--
``(A) In general.--The Secretary may acquire from 1
or more willing sellers not more than 10 acres of land
located outside the boundary of the park and adjacent
to or near the East Everglades area of the park for the
development of administrative, housing, maintenance, or
other park purposes.
``(B) Administration; applicable law.--On
acquisition of the land under subparagraph (A), the
land shall be administered as part of the park in
accordance with the laws (including regulations)
applicable to the park.''; and
(2) by adding at the end the following:
``(h) Land Exchanges.--
``(1) Definitions.--In this subsection:
``(A) Administrator.--The term `Administrator'
means the Administrator of General Services.
``(B) County.--The term `County' means Miami-Dade
County, Florida.
``(C) County land.--The term `County land' means
the 2 parcels of land owned by the County totaling
approximately 152.93 acres that are designated as
`Tract 605-01' and `Tract 605-03'.
``(D) District.--The term `District' means the
South Florida Water Management District.
``(E) District land.--The term `District land'
means the approximately 1,054 acres of District land
located in the Southern Glades Wildlife and
Environmental Area and identified on the map as `South
Florida Water Management District Exchange Lands'.
``(F) General services administration land.--The
term `General Services Administration land' means the
approximately 595.28 acres of land designated as `Site
Alpha' that is declared by the Department of the Navy
to be excess land.
``(G) Map.--The term `map' means the map entitled
`Boundary Modification for C-111 Project, Everglades
National Park', numbered 160/80,007A, and dated May 18,
2004.
``(H) National park service land.--The term
`National Park Service land' means the approximately
1,054 acres of land located in the Rocky Glades area of
the park and identified on the map as `NPS Exchange
Lands'.
``(2) Exchange of general services administration land and
county land.--The Administrator shall convey to the County fee
title to the General Services Administration land in exchange
for the conveyance by the County to the Secretary of fee title
to the County land.
``(3) Exchange of national park service land and district
land.--
``(A) In general.--As soon as practicable after the
completion of the exchange under paragraph (2), the
Secretary shall convey to the District fee title to the
National Park Service land in exchange for fee title to
the District land.
``(B) Use of national park service land.--The
National Park Service land conveyed to the District
shall be used by the District for the purposes of the
C-111 project, including restoration of the Everglades
natural system.
``(C) Boundary adjustment.--On completion of the
land exchange under subparagraph (A), the Secretary
shall modify the boundary of the park to reflect the
exchange of the National Park Service land and the
District land.
``(4) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.''.
SEC. 2. BIG CYPRESS NATIONAL PRESERVE.
Subsection (d)(3) of the first section of Public Law 93-440 (16
U.S.C. 698f) is amended by striking ``The amount described in paragraph
(1)'' and inserting ``The amount described in paragraph (2)''.
Passed the Senate September 15, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2046
_______________________________________________________________________
AN ACT
To authorize the exchange of certain land in Everglades National Park. | Amends the Everglades National Park Protection and Expansion Act of 1989 to authorize the Secretary of the Interior to acquire from one or more willing sellers not more than ten acres of land located outside the boundary of Everglades National Park and adjacent to or near the East Everglades area of the Park for the development of administrative, housing, maintenance, or other Park purposes. Requires such land, on acquisition, to be administered as part of the Park in accordance with the laws (including regulations) applicable to the Park.
Directs the Administrator of General Services to convey to Miami-Dade County, Florida, fee title to approximately 595.28 acres of land designated as Site Alpha that is declared by the Department of the Navy to be excess land in exchange for conveyance by the County to the Secretary of fee title to two parcels of land owned by the County totaling approximately 152.93 acres that are designated as Tract 605-01 and Tract 605-03.
Directs the Secretary, after the completion of such exchange, to convey to the South Florida Water Management District fee title to approximately 1,054 acres of land located in the Rocky Glades area of the Park in exchange for fee title to approximately 1,054 acres of District land located in the Southern Glades Wildlife and Environmental Area.
Requires that the use of the conveyed land to the District be used by the District for the purposes of the C-111 project, including restoration of the Everglades natural system. (The C-111 Spreader Canal project modifies the existing water management system to restore historic freshwater flows to areas of the Everglades National Park and to maintain existing flood protection for surrounding areas.)
Amends Federal law relating to the Big Cypress National Preserve and the Big Cypress National Preserve Addition to: (1) provide for the reduction in the amount of payment or reimbursement by the Secretary of total costs to the State of Florida of acquiring lands within Big Cypress National Preserve Addition by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State; and (2) remove the requirement for reducing the aggregate cost to the United States of acquiring lands within the Addition by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State. | {"src": "billsum_train", "title": "A bill to authorize the exchange of certain land in Everglades National Park."} | 1,031 | 517 | 0.680075 | 2.033541 | 0.763092 | 3.828442 | 2.20316 | 0.848758 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Infrastructure Grants
and Economic Reinvestment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) an Indian tribe;
(C) the District of Columbia;
(D) a territory of the United States;
(E) a local government;
(F) a port authority;
(G) a metropolitan planning organization;
(H) a transit agency;
(I) another political subdivision of a State or
local government; and
(J) 2 or more of the entities described in
subparagraphs (A) through (I), working in
collaboration.
(2) Eligible project.--
(A) In general.--The term ``eligible project''
means a transportation project that, as determined by
the Secretary, would have a significant beneficial
impact on a State, a metropolitan area, a region, or
the United States.
(B) Inclusions.--The term ``eligible project''
includes--
(i) a highway or bridge project eligible
for funding under chapter 1 of title 23, United
States Code (including a project related to
bicycles or pedestrians);
(ii) a public transportation project
eligible for funding under chapter 53 of title
49, United States Code;
(iii) a passenger or freight rail
transportation project;
(iv) a port infrastructure project; and
(v) an intermodal project.
(3) Eligible project costs.--
(A) In general.--The term ``eligible project
costs'' means costs relating to an eligible project,
such as the costs of--
(i) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and
other preconstruction activities;
(ii) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land related to the
eligible project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
and
(iii) capitalized interest necessary to
meet market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction.
(B) Dredging activities.--The term ``eligible
project costs''--
(i) includes the costs of dredging
activities that are part of a berth
reconstruction or rehabilitation project; and
(ii) does not include the costs of dredging
activities that are the responsibility of the
Army Corps of Engineers.
(4) Rural area.--The term ``rural area'' means any area not
in an urbanized area (as that term is defined by the Census
Bureau).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means--
(A) any of the 50 States; or
(B) the District of Columbia.
(7) Substantial completion.--The term ``substantial
completion'' means the opening of an eligible project to
vehicular or passenger traffic.
SEC. 3. NATIONAL INFRASTRUCTURE INVESTMENT PROGRAM.
(a) Program.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall by regulation establish a program
under which the Secretary shall provide competitive grants to eligible
entities for use in carrying out eligible projects.
(b) Grant Requirements.--
(1) Amount.--Except as provided in paragraph (5)(B)(i), a
grant under this Act shall be in an amount that is not less
than $10,000,000 and not greater than $200,000,000.
(2) Geographical distribution; balance; investment.--In
providing grants under this Act, the Secretary shall take such
measures as are necessary to ensure, to the maximum extent
practicable--
(A) an equitable geographical distribution of
funds;
(B) an appropriate balance in addressing the needs
of urban and rural areas; and
(C) investment in a variety of transportation
modes.
(3) Maximum percentage per state.--Not more than 25 percent
of the amounts made available to provide grants under this Act
for a fiscal year may be provided for eligible projects in a
State.
(4) Federal share.--
(A) In general.--Except as provided in paragraph
(5)(B)(ii), the Federal share of the cost of carrying
out any eligible project funded by a grant under this
Act shall be, at the option of the eligible entity
receiving the grant, up to 80 percent.
(B) Priority.--In providing grants under this Act,
the Secretary shall give priority to eligible projects
that require a contribution of Federal funds in order
to complete an overall financing package for the
eligible projects.
(5) Eligible projects in rural areas.--
(A) In general.--Not less than 20 percent of the
amounts made available to provide grants under this Act
for a fiscal year shall be provided for eligible
projects located in rural areas.
(B) Minimum grant amount; federal share.--With
respect to an eligible project located in a rural
area--
(i) the minimum amount of a grant under
this Act shall be $1,000,000; and
(ii) the Secretary may increase the Federal
share of the cost of carrying out the eligible
project up to 100 percent.
(6) Set-asides for certain costs, projects, and
transfers.--Of the amounts made available under this Act for a
fiscal year, the Secretary may--
(A) use an amount not to exceed $20,000,000 for
grants that pay for the planning, preparation, or
design of eligible projects; and
(B) use an amount not to exceed $20,000,000 to fund
the provision and oversight of grants under this Act,
including transfers of funds from that amount to the
Administrators of the Federal Highway Administration,
the Federal Transit Administration, the Federal
Railroad Administration, and the Maritime
Administration to fund the provision and oversight of
grants under this Act for eligible projects under the
administrative jurisdiction of those agencies.
(c) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish criteria
for use in selecting among eligible projects to receive funding
under this Act.
(2) Selection criteria.--
(A) Primary selection criteria.--The Secretary
shall select among eligible projects by evaluating the
extent to which an eligible project provides
significant benefits to a State, a metropolitan area, a
region, or the United States, including the extent to
which an eligible project--
(i) improves the safety of transportation
facilities and systems;
(ii) improves the condition of existing
transportation facilities and systems;
(iii) contributes to economic
competitiveness over the medium- to long-term;
(iv) improves the environment, improves
energy efficiency, reduces dependence on oil,
or reduces greenhouse gas emissions; and
(v) improves access to transportation
facilities and systems.
(B) Secondary selection criteria.--In addition to
considering the primary selection criteria described in
subparagraph (A), the Secretary shall consider the
extent to which a project--
(i) uses innovative strategies or
technologies to pursue any of those primary
selection criteria; and
(ii) demonstrates strong collaboration
among a broad range of participants, or the
integration of transportation with other public
service efforts.
(d) Application Requirement.--The Secretary shall require an
analysis of project benefits and costs in each application for a
construction grant under this Act.
(e) Federal Requirements.--The following provisions of law shall
apply to funds made available under this Act and eligible projects
carried out using those funds:
(1) Subchapter IV of chapter 31 of title 40, United States
Code.
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(3) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(f) Transparency.--
(1) In general.--The Secretary shall include in any notice
of funding availability a full description of how applications
will be evaluated against all selection criteria.
(2) Consultations on decisions.--After provision of grants
and credit assistance under this Act for a fiscal year, the
Secretary (or a designee) shall be available to meet with any
applicant, at a time and place that is mutually acceptable to
the Secretary and the applicant, to review the application of
the applicant.
SEC. 4. TIFIA SUBSIDY AND ADMINISTRATIVE COSTS.
The Secretary may use up to 20 percent of the amounts appropriated
pursuant to the authorization under section 6 to pay the subsidy and
administrative costs of projects eligible for Federal credit assistance
under chapter 6 of title 23, United States Code, if the Secretary
determines that such use of funds would advance the purposes of this
Act.
SEC. 5. STATE AND LOCAL PERMITS.
Financial assistance under this Act with respect to an eligible
project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the eligible project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the eligible project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the eligible project.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary for each of the fiscal years
2016 through 2021.
(b) Availability.--Amounts appropriated for a fiscal year pursuant
to this section shall be available for obligation during the 3-year
period beginning on the first day of such fiscal year. | Transportation Infrastructure Grants and Economic Reinvestment Act The bill directs the Department of Transportation (DOT) to establish a program under which DOT shall provide competitive grants of between $10 million and $200 million to the District of Columbia, to a state, Indian tribe, U.S. territory, local government, port authority, metropolitan planning organization, transit agency, or another political subdivision of a state or local government, or to two or more of such entities working in collaboration, for eligible transportation projects (including highway or bridge, public transportation, passenger or freight rail transportation, and port infrastructure or intermodal projects) that would have a significant beneficial impact on a state, metropolitan area, or region or the United States. DOT, in providing such grants, must: (1) ensure an equitable geographical distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes; and (2) give priority to eligible projects that require a contribution of federal funds to complete an overall financing package. The bill sets forth primary and secondary criteria for selecting eligible projects. The bill: (1) limits to 25% the amount of grant funds that may be provided to any state, (2) requires at least 20% of grant funds to be provided for eligible projects located in rural areas, and (3) allows up to 20% of the funds authorized to carry out this Act to be used to pay the subsidy and administrative costs of projects eligible for federal credit assistance under the Transportation Infrastructure Finance and Innovation Act upon determining that such use of funds would advance the purposes of this Act. | {"src": "billsum_train", "title": "Transportation Infrastructure Grants and Economic Reinvestment Act"} | 2,192 | 323 | 0.606586 | 1.733548 | 0.768996 | 3.163009 | 6.354232 | 0.899687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Slavery Memorial
Council Act''.
SEC. 2. ESTABLISHMENT.
There is established the North American Slavery Memorial Council
(in this Act referred to as the ``Council'').
SEC. 3. DUTIES.
The duties of the Council shall be to--
(1) establish an architectural design for a national
memorial and museum to slavery in North America appropriate to
honor the memory of victims of slavery (in this Act referred to
as the ``Memorial and Museum'');
(2) establish a single site within the District of Columbia
suitable for the construction and operation of the Memorial and
Museum;
(3) construct the Memorial and Museum; and
(4) operate the Memorial and Museum.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Council shall be composed of the
following members:
(1) Voting members.--65 voting members, who shall be
appointed--
(A) 15 by the President of the United States;
(B) 25 by the Speaker of the House of
Representatives, appointed from among members of the
House of Representatives; and
(C) 25 by the President pro tempore of the Senate,
on the recommendation of the majority and minority
leaders of the Senate, from among members of the
Senate.
(2) Nonvoting members.--3 ex officio nonvoting members, who
shall be appointed--
(A) 1 by the Secretary of the Interior;
(B) 1 by the Secretary of State; and
(C) 1 by the Secretary of Education.
(b) Continuation of Membership.--If a member was appointed to the
Council as a Member of Congress and the member ceases to be a Member of
Congress, that member may continue as a member for not longer than the
60-day period beginning on the date that member ceases to be a Member
of Congress.
(c) Term.--Each member shall be appointed for a term of 5 years,
except that the terms of the 5 members of the House of Representatives
and the 5 members of the Senate appointed during a Congress shall
expire at the end of that Congress.
(d) Vacancies.--
(1) A vacancy in the Council shall be filled in the manner
in which the original appointment was made.
(2) A member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that
term.
(3) A member, except the 5 members of the House of
Representatives and the 5 members of the Senate, may serve
after the expiration of a term until a successor takes office.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall each be paid at the daily equivalent of the
maximum annual rate of basic pay payable under section 5376 of
title 5 for each day (including travel time) during which they
are engaged in the actual performance of duties vested in the
Council.
(2) Prohibition of compensation of federal employees.--
Members of the Council who are full-time officers or employees
of the United States or Members of Congress may not receive
additional pay, allowances, or benefits by reason of their
service on the Council.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(g) Quorum.-- One-third of the voting members of the Council shall
constitute a quorum but a lesser number may hold hearings.
(h) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Council shall be appointed by the President of the
United States from among the members of the Council. The term of office
of the Chairperson and Vice Chairperson shall be 5 years. A vacancy in
the office of the Chairperson or Vice Chairperson shall be filled in
the manner in which the original appointment was made.
(i) Meetings.--The Council shall meet not less frequently than
monthly.
SEC. 5. DIRECTOR AND STAFF.
(a) Director.--The Council shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate not
to exceed the maximum rate of basic pay payable under section 5376 of
title 5, United States Code. The Director shall serve at the pleasure
of the Council.
(b) Staff.--With the approval of the Council, the Director may
appoint and fix the pay of additional personnel as the Director
considers appropriate.
(c) Experts and Consultants.--With the approval of the Council, the
Director may procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay payable under section 5376 of title 5, United States Code.
(d) Staff of Federal Agencies.--Upon request of the Council, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the Council
to assist it in carrying out its duties under this Act.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Council 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 Council considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Council may, if authorized by the Council, take any action which the
Council is authorized to take by this section.
(c) Gifts, Bequests, and Devises.--The Council may accept, use, and
dispose of gifts, bequests, or devises of services or property, both
real and personal, for the purpose of aiding or facilitating the work
of the Council. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for disbursement
upon order of the Council. For purposes of Federal income, estate, and
gift taxes, property accepted under this subsection shall be considered
as a gift, bequest, or devise to the United States.
(d) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(e) Administrative Support Services.--Upon the request of the
Council, the Administrator of General Services shall provide to the
Council, on a reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities under this
Act.
SEC. 7. MEMORIAL AND MUSEUM.
(a) Architectural Design.--The Council shall determine the
architectural design of the Memorial and Museum subject to the approval
of the Secretary of the Interior, in consultation with the Commission
of Fine Arts and the National Capital Planning Commission.
(b) Acquisition of Real Property in District of Columbia.--The
Council may, for the purpose of establishing a single site for the
Memorial and Museum and with the approval of the Secretary of the
Interior in consultation with the Commission of Fine Arts and the
National Capital Planning Commission, acquire real property in the
District of Columbia by one or more of the following procedures:
(1) Notwithstanding any other provision of law (including
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. et seq.)), any department, agency, or
instrumentality of the United States Government may transfer to
the Council any real property in the District of Columbia that
is under the administrative jurisdiction of the department,
agency, or instrumentality and that the Council considers
suitable for the Memorial and Museum.
(2) The Council may purchase, with the consent of the
owner, any real property within the District of Columbia that
the Council considers suitable for the Memorial and Museum.
(c) Construction.--The Council shall construct the Memorial and
Museum on the site established under subsection (b) in accordance with
the architectural design determined under subsection (a).
(d) Operation.--In operating the Memorial and Museum, the Council
shall--
(1) adopt bylaws;
(2) establish annual budgets;
(3) subject to the availability of funds and the provisions
of annual budgets, purchase, accept, borrow, or otherwise
acquire artifacts and other property for addition to the
collections of the Memorial and Museum;
(4) establish policy with respect to the utilization of the
collections of the Memorial and Museum;
(5) establish policy with respect to educational programs,
exhibitions, and research projects relating to slavery in North
America;
(6) establish programs in cooperation with institutions
including other museums, historical societies, educational
institutions, cultural organizations, and other organizations
for the education and promotion of understanding regarding
slavery in North America; and
(7) support the efforts of such institutions to educate and
promote the understanding regarding slavery in North America.
(e) Insurance.--The Council shall maintain insurance on the
Memorial and Museum covering the risks, in the amounts, and containing
the terms the Council considers necessary.
SEC. 8. AUDITS.
When requested by the Congress, the Comptroller General shall audit
the financial transactions of the Council, including those involving
donated funds, under generally accepted auditing standards. The Council
shall make available for an audit under this section all records,
items, or property used by the Council that are necessary for the
audit.
SEC. 9. ANNUAL REPORT.
Each year, the Council shall submit to the Congress a report on the
activities of the Council, including an accounting of all financial
transactions involving donated funds.
SEC. 10. APPLICABILITY OF COMMEMORATIVE WORKS ACT.
The Memorial and Museum is not a commemorative work within the
meaning of the Commemorative Works Act (40 U.S.C. 1001 et seq.).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Use of Amounts for Construction or Operation.--Amounts
appropriated to the Council--
(1) may not be used for construction of the Memorial and
Museum; and
(2) may be used for operation of the Memorial and Museum
only if amounts received under section 6(c) that are equal to
or greater than such appropriated amounts are also so used.
(c) Prior Authority Required.--Any spending authority (as defined
in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) contained in this
Act shall be effective only to such extent and in such amounts as are
provided in appropriation Acts. | North American Slavery Memorial Council Act - Establishes the North American Slavery Memorial Council to: (1) establish an architectural design for a national memorial and museum to slavery in North America appropriate to honor the memory of victims of slavery; (2) establish a single site within the District of Columbia suitable for construction and operation of the Memorial and Museum; and (3) construct and operate them. | {"src": "billsum_train", "title": "To establish the North American Slavery Memorial Council."} | 2,382 | 80 | 0.62565 | 1.526989 | 1.185697 | 7.105263 | 29.105263 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Education Tuition Support
Act'' or the ``VETS Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) There is no more important cause than the defense of
the United States.
(2) Since 2003, nearly 1,300,000 members of the Armed
Forces have served in Iraq or Afghanistan and over 420,000
members of the Armed Forces in the National Guard and Reserve
have been called to active duty.
(3) The men and women of the Armed Forces put their lives
on hold, leave their families, jobs, and postsecondary
education in order to serve the United States, and do so with
distinction.
(4) In 2005, 500,000 veterans claimed education benefits
from the Department of Veterans Affairs and approximately
47,000 of those veterans are members of the National Guard or
Reserve and recently returned from serving in the Armed Forces
in Iraq or Afghanistan.
(5) Many members of the Armed Forces depend on various
forms of financial aid in addition to their Montgomery GI Bill
benefits to help fund their college education.
(6) The 6 percent interest rate cap on all debts of members
of the Armed Forces called to active duty guaranteed by the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.)
has been interpreted narrowly by the Secretary of Education not
to apply to Federal student loans.
(7) Members of the Armed Forces who return from deployment
overseas in the Armed Forces and who are unable to continue
immediately a program of education that they were forced to
discontinue because of such deployment are being forced to
begin making payments on their private students loans only 1
month after such return.
(8) The transition from service in the Armed Forces in a
combat theater to a classroom is a difficult challenge and
should not be rushed merely to avoid paying back student loans.
(9) As of the date of the enactment of this Act, colleges
are not required to make reasonable accommodations for students
who are called to active duty in the Armed Forces, such as
tuition reimbursement and relaxation of requirements for
reenrollment.
(10) Members of the Armed Forces who return from deployment
overseas and attempt to reenroll in a program of education are
overwhelmed with bureaucracy.
(11) Studies have shown that symptoms of post-traumatic
stress disorder (PTSD) and other non-apparent injuries may take
up to a year to manifest.
(12) Members of the Armed Forces deserve to have at least a
full academic year to reintegrate into society before they are
required to begin paying back student loans.
(13) Members of the Armed Forces who fight to protect the
United States deserve a Government that fights to protect them.
(b) Purposes.--The purposes of this Act are--
(1) to assist members of the Armed Forces who return from a
deployment to transition from military service to civilian life
and to undertake programs of education they were forced to
discontinue because of such deployment;
(2) to provide a 13-month transition period for such
members to reenroll in such a program of education and to begin
paying back student loans undertaken for such program of
education;
(3) to institute a 6 percent interest rate cap on student
loans of a member of the Armed Forces while such member is
deployed on active duty; and
(4) to require providers of programs of education to
provide reasonable accommodations to their students who are
members of the Armed Forces and who discontinue a program of
education because of a deployment.
SEC. 3. RELIEF FOR STUDENTS WHO DISCONTINUE EDUCATION BECAUSE OF
MILITARY SERVICE.
(a) In General.--Title VII of the Servicemembers Civil Relief Act
(50 U.S.C. App. 591 et seq.) is amended by adding at the end the
following new section:
``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR
POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE.
``(a) Tuition and Reenrollment.--In the case of a servicemember who
because of military service discontinues a program of education at an
institution of higher education that administers a Federal financial
aid program, such institution of higher education shall--
``(1) refund to such servicemember the tuition and fees
paid by such servicemember from personal funds, or from a loan,
for the portion of the program of education for which such
servicemember did not receive academic credit because of such
military service; and
``(2) provide such servicemember an opportunity to reenroll
in such program of education with the same educational and
academic status such servicemember had when such servicemember
discontinued such program of education because of such military
service.
``(b) Deferment of Repayment of Loans.--In the case of a
servicemember who because of military service discontinues a program of
education at an institution of higher education, the following rules
shall apply to a provider of student loans who has provided a student
loan to such servicemember that is not in payment status on the date
the period of military service begins:
``(1) If such servicemember reenrolls in the program of
education (or a comparable program) within 13 months following
the period of military service, the provider shall disregard
the entire period the program of education was discontinued in
determining the date on which repayment of the student loan is
to begin.
``(2) If such servicemember does not so reenroll, the
provider shall not require repayment of the student loan to
begin before the later of the last day of such 13-month period
or the date the repayment was to begin without regard to this
subsection.
``(c) Interest Rate Limitation on Student Loans.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection, a student loan shall be considered an
obligation or liability for the purposes of section 207.
``(2) Exception.--Subsection (c) of section 207 shall not
apply to a student loan.
``(d) Definitions.--In this section:
``(1) The term `Federal financial aid program' means a
program providing loans made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).
``(2) The term `institution of higher education' means a 2-
year or 4-year institution of higher education as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(3) The term `student loan' means any loan, whether
Federal, State, or private, to assist an individual to attend
an institution of higher education, including a loan made,
insured, or guaranteed under part B, D, or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et
seq., 1087aa et seq.).''.
(b) 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. 707. Tuition, reenrollment, and student loan relief for
postsecondary students called to military
service.''.
(c) Effective Date.--The amendments made by this section shall take
effect for periods of military service beginning after the date of the
enactment of this section. | Veterans Education Tuition Support Act or VETS Act - Amends the Servicemembers Civil Relief Act to require an institution of higher education, in the case of a servicemember who because of military service discontinues a program of education at an institution that administers a federal financial aid program, to: (1) refund to the servicemember tuition and other fees paid for the portion of the program of education for which the servicemember did not receive academic credit because of such military service; and (2) provide the servicemember an opportunity to reenroll at the institution with the same educational and academic status that the servicemember had when the program was discontinued because of the military service.
Requires a provider of a student loan with respect to such a servicemember: (1) if the servicemember reenrolls in the program of education (or a comparable program) within 13 months following the period of military service, to disregard the entire period that the education was discontinued in determining the date on which student loan repayment is to begin; or (2) if the servicemember does not reenroll, to not require loan repayment to begin before the later of the last day of such 13-month period or the date the repayment was otherwise required to begin.
Prohibits a court from granting a creditor relief from the 6% limit on interest charged against student loan indebtedness. | {"src": "billsum_train", "title": "A bill to amend the Servicemembers Civil Relief Act to provide for reimbursement to servicemembers of tuition for programs of education interrupted by military service, for deferment of students loans and reduced interest rates for servicemembers during periods of military service, and for other purposes."} | 1,709 | 297 | 0.529528 | 1.59371 | 0.734496 | 4.727273 | 6.083004 | 0.948617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Zero Tolerance of Child
Sexual Abuse Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are vulnerable to sexual abuse from infancy
through early adulthood. Both boys and girls are most
vulnerable to abuse between the ages of 7 and 13.
(2) According to the Department of Justice national
statistics, 1 out of 3 girls and 1 out of 5 boys will become
victims of sexual abuse by the time they reach their 18th
birthday.
(3) The majority of instances of child sexual abuse are
committed by someone the child knows and trusts. In 90 percent
of child sexual abuse cases the perpetrators are trusted family
members or close friends.
(4) Identifying victims of child sex abuse is sometimes
difficult because physical signs are often not present.
Perpetrators seldom use physical force because the child
usually trusts or depends upon the offender. The longer
children have been abused the less likely they are to exhibit
behavioral changes by the time the abuse is finally reported.
(5) Most sexually abused children do not tell anyone they
were abused, even when directly asked by parents or other
authority figures. Sixty-seven percent of all victims of sexual
assault reported to law enforcement agencies were juveniles
(under the age of 18), of which 34 percent were under age 12.
(6) Failing to protect a child from child abuse could prove
fatal. More than 5 children die every day as a result of child
abuse. According to the Third National Incidence Study, girls
are sexually abused 3 times more often than boys, whereas boys
are more likely to die or be seriously injured from their
abuse. Child sexual abuse has been reported up to 80,000 times
a year; however, the number of unreported instances is far
greater.
(7) A child who is the victim of prolonged sexual abuse
usually develops low self-esteem, a feeling of worthlessness,
and an abnormal or distorted view of sex. About 80 percent of
21 year olds that were abused as children met criteria for at
least one psychological disorder. Thirty percent of abused and
neglected children will later abuse their own children,
continuing the horrible cycle of abuse.
SEC. 3. NO FEDERAL FUNDS FOR VIOLATION OF ZERO TOLERANCE REQUIREMENTS.
(a) Zero Tolerance for Failure To Report Sexual Abuse of a Minor.--
(1) In general.--Notwithstanding any other provision of
law, no Federal funds (except as provided in paragraph (3))
shall be provided to a covered entity for the duration of the
period described in paragraph (2) if the Attorney General
determines that the covered entity is in violation of any
provision of this section or any regulation promulgated in
accordance with this section.
(2) Duration of penalty.--The period during which a covered
entity shall be ineligible to receive Federal funds for a
violation of this section or regulations promulgated in
accordance with this section shall be determined by the
Attorney General based on the severity of the violation by such
entity, except that--
(A) the duration of the period for such a penalty
shall be not less than 1 year and not more than 5
years; and
(B) notwithstanding subparagraph (A), the Attorney
General may reduce the duration of such a period, or
terminate the application of such a penalty to a
covered entity, if the Attorney General determines that
the entity has in effect and is enforcing policies
necessary to fully comply with the provisions of this
section and any regulations promulgated in accordance
with this section, and that there is good cause for
such a reduction or termination.
(3) Student financial aid exception.--Notwithstanding
paragraph (1), funds to provide Federal student financial aid
to students at an institution of higher education shall not be
reduced as a result of a violation by such an institution of
this section or regulations promulgated in accordance with this
section.
(4) Effective date.--This subsection shall apply to covered
entities for the first fiscal year beginning after the date
that is one year after the date on which the Attorney General
promulgates regulations in accordance with subsection (b), and
each succeeding fiscal year.
(b) Regulations Required.--Not later than 6 months after the date
of enactment of this Act, the Attorney General shall, in consultation
with the Secretary of Education and the Secretary of Health and Human
Services (acting through the Administration of Children and Families),
promulgate regulations to ensure that officers and employees of covered
entities report any sexual abuse of minors known or suspected by such
officers or employees to law enforcement. Such regulations shall--
(1) include required processes and procedures covered
entities shall have in place to ensure the timely and accurate
reporting by officers and employees to law enforcement of
incidences of sexual abuse of a minor that occur at a location
used or controlled by a covered entity;
(2) require each covered entity to provide training to all
officers and employees of the entity relating to the reporting
to law enforcement (and any other person required by such
regulations or the covered entity) of any suspected or known
incidence of sexual abuse of a minor;
(3) provide for a system by which a covered entity may be
required to provide to a minor victim of sexual abuse
reimbursement for treatment required by such victim (including
medical treatment and counseling) if the covered entity failed
to report an incidence of sexual abuse of such victim in
accordance with such regulations;
(4) provide for notice and an opportunity for a hearing if
the Attorney General has reason to believe that a covered
entity is in violation of such regulations; and
(5) prohibit a covered entity from discharging or in any
manner discriminating against an officer or employee because
such officer or employee provided information or made a
complaint to a supervisor or to any law enforcement agency
relating to an allegation of sexual abuse of a minor, provided
that the officer or employee acted in good faith when providing
such information or making such complaint.
(c) Definitions.--In this section:
(1) the term ``covered entity'' means--
(A) an institution of higher education, as defined
in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002); or
(B) a non-profit organization that directly or
indirectly provides services to, or carries out any
activities that involve direct contact with, minors;
(2) the term ``minor'' means an individual who is less than
18 years of age;
(3) the term ``officer'' when used in relation to an
institution of higher education, includes academic and athletic
officials such as the president, a dean, or an athletic coach
of the institution; and
(4) the term ``sexual abuse'' has the meaning given the
term in section 111 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106g).
SEC. 4. MANDATORY REPORTING BY STATE EMPLOYEES.
Section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a(b)(2)(B)(i)) is amended by inserting before the
semicolon the following: ``, who shall include individuals employed in
any position that involves direct contact with children''. | Federal Zero Tolerance of Child Sexual Abuse Act of 2011 - Prohibits the provision of federal funding to nonprofit organizations that deal with children and to institutions of higher education if the Attorney General determines that an officer or employee of such entity has failed to report known or suspected incidents of child sexual abuse to law enforcement.
Excepts federal student financial aid from that prohibition.
Sets the duration of the funding prohibition at from one to five years. Allows the Attorney General to reduce the duration of the prohibition or eliminate it altogether if there is good cause for taking such action and the nonprofit organization or school is enforcing policies to comply with this Act's reporting requirements.
Amends the Child Abuse Prevention and Treatment Act to require states receiving grants for child abuse or neglect prevention and treatment to require individuals employed in any position that involves direct contact with children to report known and suspected instances of child abuse and neglect. | {"src": "billsum_train", "title": "To prohibit institutions of higher education and nonprofit organizations that fail to report incidents of sexual abuse of a minor from receiving Federal funds, and for other purposes."} | 1,585 | 192 | 0.431884 | 1.212546 | 0.672886 | 2.647399 | 8.653179 | 0.83237 |
SECTION 1. PURPOSE.
This Act eliminates the marriage penalty.
SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.
(a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following new section:
``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.
``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
``(1) a separate taxable income is determined for each
spouse by applying the rules provided in this section, and
``(2) the tax imposed by section 1 is the aggregate amount
resulting from applying the separate rates set forth in section
1(c) to each such taxable income.
``(b) Treatment of Income.--For purposes of this section--
``(1) earned income (within the meaning of section 911(d)),
and any income received as a pension or annuity which arises
from an employer-employee relationship, shall be treated as the
income of the spouse who rendered the services, and
``(2) income from property shall be divided between the
spouses in accordance with their respective ownership rights in
such property.
``(c) Treatment of Deductions.--For purposes of this section--
``(1) except as otherwise provided in this subsection, the
deductions allowed by section 62(a) shall be allowed to the
spouse treated as having the income to which such deductions
relate,
``(2) the deduction for retirement savings described in
paragraph (7) of section 62(a) shall be allowed to the spouse
for whose benefit the savings are maintained,
``(3) the deduction for alimony described in paragraph (10)
of section 62(a) shall be allowed to the spouse who has the
liability to pay the alimony,
``(4) the deduction referred to in paragraph (16) of
section 62(a) (relating to contributions to medical savings
accounts) shall be allowed to the spouse with respect to whose
employment or self-employment such account relates,
``(5) the deductions allowable by section 151 (relating to
personal exemptions) shall be determined by requiring each
spouse to claim 1 personal exemption and by allocating the
personal exemptions under section 151(c) (relating to
dependents) as provided in paragraph (7) or in such other
manner as the spouses agree,
``(6) section 63 shall be applied as if such spouses were
not married, and
``(7) each spouse's share of all other deductions shall be
determined by multiplying the aggregate amount thereof by the
fraction--
``(A) the numerator of which is such spouse's
adjusted gross income, and
``(B) the denominator of which is the combined
adjusted gross incomes of the 2 spouses.
Any fraction determined under paragraph (7) shall be rounded to the
nearest percentage point.
``(d) Treatment of Credits.--Credits shall be determined (and
applied against the joint liability of the couple for tax) as if the
spouses had filed a joint return.
``(e) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
(b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of such Code as precedes the table is amended to read as
follows:
``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a joint return or a
separate return, a surviving spouse as defined in section 2(a), or a
head of household as defined in section 2(b)) a tax determined in
accordance with the following table:''.
(c) Basic Standard Deduction for Unmarried Individuals Made
Applicable.--Subparagraph (C) of section 63(c)(2) of such Code is
amended by striking all that follows the dollar amount and inserting
``in the case of an individual who is not--
``(i) a married individual filing a joint
return or a separate return,
``(ii) a surviving spouse, or
``(iii) a head of household, or''.
(d) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of such Code is amended by
inserting after the item relating to section 6013 the following:
``Sec. 6013A. Combined return with
separate rates.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow the taxable income of each spouse of a married couple to be taxed using either the rates applicable to single filers or the rates applicable to joint returns."} | 1,169 | 40 | 0.560601 | 1.242779 | 0.532656 | 1.645161 | 33.129032 | 0.806452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park System Advisory Board
Reauthorization Act of 2006''.
SEC. 2. NATIONAL PARK SYSTEM ADVISORY BOARD.
Section 3 of the Act of August 21, 1935 (16 U.S.C. 463), is
amended--
(1) by striking ``sec. 3'' and inserting the following:
``SEC. 3. NATIONAL PARK SYSTEM ADVISORY BOARD.'';
(2) in subsection (a)--
(A) by striking ``(a) There is hereby established''
and inserting the following:
``(a) Establishment.--
``(1) In general.--There is established'';
(B) in the second sentence, by striking ``The Board
shall advise'' and inserting the following:
``(2) Purpose.--The Board shall advise'';
(C) in the third sentence, by striking ``Members of
the Board'' and inserting the following:
``(3) Term; appointment.--Members of the Board'';
(D) by striking the fourth through ninth sentences
and inserting the following:
``(4) Membership.--
``(A) In general.--The Board shall be comprised of
not more than 12 members, appointed from among citizens
of the United States with a demonstrated commitment to
the mission of the National Park Service, of whom--
``(i) at least 4 members shall have
outstanding expertise in 1 or more of the
fields of history, archeology, anthropology,
historical or landscape architecture, biology,
ecology, geology, marine science, or social
science;
``(ii) 3 members shall have outstanding
expertise and prior experience in--
``(I) the management of National or
State parks or protected areas; or
``(II) natural or cultural
resources management;
``(iii) 3 members shall have outstanding
expertise in any other professional or
scientific discipline important to the mission
of the National Park Service, such as financial
management, travel and tourism management,
recreational use management, concessions
management, and land use planning or business
management;
``(iv) at least 1 member shall have
expertise in, and appreciation for, the
historic recreational opportunities within
units of the National Park System; and
``(v) at least 1 member shall be a locally
elected official from an area adjacent or
within close proximity to a unit of the
National Park System.
``(B) Geographic representation.--Board members
appointed under subparagraph (A) shall be selected to
represent various geographic regions, including each of
the administrative regions of the National Park
Service.'';
(E) in the tenth sentence, by striking ``The Board
shall hold'' and inserting the following:
``(5) Meetings.--The Board shall hold'';
(F) in the eleventh sentence, by striking ``Any
vacancy'' and inserting the following:
``(6) Vacancies.--Any vacancy'';
(G) in the twelfth sentence, by striking ``The
Board may adopt'' and inserting the following:
``(7) Procedures.--The Board may adopt'';
(H) in the thirteenth sentence, by striking ``All
members'' and inserting the following:
``(8) Compensation.--
``(A) Travel expenses.--All members'';
(I) in the fourteenth sentence, by striking ``With
the exception of travel and per diem as noted above''
and inserting the following:
``(B) No additional compensation.--Except as
provided in subparagraph (A)'';
(J) in the fifteenth sentence, by striking ``It
shall be the duty of such board'' and inserting the
following:
``(9) Duties.--
``(A) In general.--It shall be the duty of the
Board'';
(K) in the sixteenth sentence, by striking ``Such
board shall also'' and inserting the following:
``(B) Recommendations.--The Board shall''; and
(L) in the seventeenth sentence, by striking ``Such
board is'' and inserting the following:
``(C) Consultation.--The Board is'';
(3) in subsection (b)--
(A) by striking ``(1)'' and inserting ``Advisory
Board Staff.--''; and
(B) by striking paragraph (2); and
(4) in subsection (f), by striking ``2007'' and inserting
``2016''.
SEC. 3. TECHNICAL AMENDMENTS.
The Act of August 21, 1935 (16 U.S.C. 461 et seq.), is amended--
(1) in section 3(c)(1)(D) by striking ``arrangements.'' and
inserting ``arrangements,''; and
(2) in the first undesignated subsection of section 4, by
inserting ``(a)'' before ``The Secretary''. | National Park System Advisory Board Reauthorization Act of 2006 - Modifies provisions concerning the membership of the National Park System Advisory Board. Extends the authorization for the Board to January 1, 2016. | {"src": "billsum_train", "title": "A bill to amend the Act of August 21, 1935, to extend the authorization for the National Park System Advisory Board, and for other purposes."} | 1,137 | 43 | 0.505646 | 1.148189 | 0.630098 | 2.485714 | 29.228571 | 0.771429 |
TITLE I--TIMPANOGOS INTERAGENCY LAND EXCHANGE
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the facility that houses the administrative office of the
Pleasant Grove Ranger District of the Uinta National Forest can no
longer properly serve the purpose of the facility;
(2) a fire destroyed the Timpanogos Cave National Monument
Visitor Center and administrative office in 1991, and the temporary
structure that is used for a visitor center cannot adequately serve
the public; and
(3) combining the administrative office of the Pleasant Grove
Ranger District with a new Timpanogos Cave National Monument
visitor center and administrative office in one facility would--
(A) facilitate interagency coordination;
(B) serve the public better; and
(C) improve cost effectiveness.
(b) Purposes.--The purposes of this title are--
(1) to authorize the Secretary of Agriculture to acquire by
exchange non-Federal land located in Highland, Utah as the site for
an interagency administrative and visitor facility;
(2) to direct the Secretary of the Interior to construct an
administrative and visitor facility on the non-Federal land
acquired by the Secretary of Agriculture; and
(3) to direct the Secretary of Agriculture and the Secretary of
the Interior to cooperate in the development, construction,
operation, and maintenance of the facility.
SEC. 102. DEFINITIONS.
In this title:
(1) Facility.--The term ``facility'' means the facility
constructed under section 106 to house--
(A) the administrative office of the Pleasant Grove Ranger
District of the Uinta National Forest; and
(B) the visitor center and administrative office of the
Timpanogos Cave National Monument.
(2) Federal land.--The term ``Federal land'' means the parcels
of land and improvements to the land in the Salt Lake Meridian
comprising--
(A) approximately 237 acres located in T. 5 S., R. 3 E.,
sec. 13, lot 1, SW\1/4\, NE\1/4\, E\1/2\, NW\1/4\ and E\1/2\,
SW\1/4\, as depicted on the map entitled ``Long Hollow-Provo
Canyon Parcel'', dated March 12, 2001;
(B) approximately 0.18 acre located in T. 7 S., R. 2 E.,
sec. 12, NW\1/4\, as depicted on the map entitled ``Provo Sign
and Radio Shop'', dated March 12, 2001;
(C) approximately 20 acres located in T. 3 S., R. 1 E.,
sec. 33, SE\1/4\, as depicted on the map entitled ``Corner
Canyon Parcel'', dated March 12, 2001;
(D) approximately 0.18 acre located in T. 29 S., R. 7 W.,
sec. 15, S\1/2\, as depicted on the map entitled ``Beaver
Administrative Site'', dated March 12, 2001;
(E) approximately 7.37 acres located in T. 7 S., R. 3 E.,
sec. 28, NE\1/4\, SW\1/4\, NE\1/4\, as depicted on the map
entitled ``Springville Parcel'', dated March 12, 2001; and
(F) approximately 0.83 acre located in T. 5 S., R. 2 E.,
sec. 20, as depicted on the map entitled ``Pleasant Grove
Ranger District Parcel'', dated March 12, 2001.
(3) Non-federal land.--The term ``non-Federal land'' means the
parcel of land in the Salt Lake Meridian comprising approximately
37.42 acres located at approximately 4,400 West, 11,000 North (SR-
92), Highland, Utah in T. 4 S., R. 2 E., sec. 31, NW\1/4\, as
depicted on the map entitled ``The Highland Property'', dated March
12, 2001.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 103. MAPS AND LEGAL DESCRIPTIONS.
(a) Availability of Maps.--The maps described in paragraphs (2) and
(3) of section 102 shall be on file and available for public inspection
in the Office of the Chief of the Forest Service until the date on
which the land depicted on the maps is exchanged under this title.
(b) Technical Corrections to Legal Descriptions.--The Secretary may
correct minor errors in the legal descriptions in paragraphs (2) and
(3) of section 102.
SEC. 104. EXCHANGE OF LAND FOR FACILITY SITE.
(a) In General.--Subject to subsection (b), the Secretary may,
under such terms and conditions as the Secretary may prescribe, convey
by quitclaim deed all right, title, and interest of the United States
in and to the Federal land in exchange for the conveyance of the non-
Federal land.
(b) Title to Non-Federal Land.--Before the land exchange takes
place under subsection (a), the Secretary shall determine that title to
the non-Federal land is acceptable based on the approval standards
applicable to Federal land acquisitions.
(c) Valuation of Non-Federal Land.--
(1) Determination.--The fair market value of the land and the
improvements on the land exchanged under this title shall be
determined by an appraisal that--
(A) is approved by the Secretary; and
(B) conforms with the Federal appraisal standards, as
defined in the publication entitled ``Uniform Appraisal
Standards for Federal Land Acquisitions''.
(2) Separate appraisals.--
(A) In general.--Each parcel of Federal land described in
subparagraphs (A) through (F) of section 102(2) shall be
appraised separately.
(B) Individual property values.--The property values of
each parcel shall not be affected by the unit rule described in
the Uniform Appraisal Standards for Federal Land Acquisitions.
(d) Cash Equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may, as the circumstances require, either make or accept a
cash equalization payment in excess of 25 percent of the total value of
the lands or interests transferred out of Federal ownership.
(e) Administration of Land Acquisition by United States.--
(1) Boundary adjustment.--
(A) In general.--On acceptance of title by the Secretary--
(i) the non-Federal land conveyed to the United States
shall become part of the Uinta National Forest; and
(ii) the boundaries of the national forest shall be
adjusted to include the land.
(B) Allocation of land and water conservation fund
moneys.--For purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-099), the
boundaries of the national forest, as adjusted under this
section, shall be considered to be boundaries of the national
forest as of January 1, 1965.
(2) Applicable law.--Subject to valid existing rights, the
Secretary shall manage any land acquired under this section in
accordance with--
(A) the Act of March 1, 1911 (16 U.S.C. 480 et seq.)
(commonly known as the ``Weeks Act''); and
(B) other laws (including regulations) that apply to
National Forest System land.
SEC. 105. DISPOSITION OF FUNDS.
(a) Deposit.--The Secretary shall deposit any cash equalization
funds received in the land exchange in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Funds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further appropriation, for the
acquisition of land and interests in land for administrative sites in
the State of Utah and land for the National Forest System.
SEC. 106. CONSTRUCTION AND OPERATION OF FACILITY.
(a) Construction.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after funds are made available to carry out this title,
the Secretary of the Interior shall construct, and bear
responsibility for all costs of construction of, a facility and all
necessary infrastructure on non-Federal land acquired under section
104.
(2) Design and specifications.--Prior to construction, the
design and specifications of the facility shall be approved by the
Secretary and the Secretary of the Interior.
(b) Operation and Maintenance of Facility.--The facility shall be
occupied, operated, and maintained jointly by the Secretary (acting
through the Chief of the Forest Service) and the Secretary of the
Interior (acting through the Director of the National Park Service)
under terms and conditions agreed to by the Secretary and the Secretary
of the Interior.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE II--UTAH PUBLIC LANDS ARTIFACT PRESERVATION
SEC. 201. FINDINGS.
Congress finds that--
(1) the collection of the Utah Museum of Natural History in
Salt Lake City, Utah, includes more than 1,000,000 archaeological,
paleontological, zoological, geological, and botanical artifacts;
(2) the collection of items housed by the Museum contains
artifacts from land managed by--
(A) the Bureau of Land Management;
(B) the Bureau of Reclamation;
(C) the National Park Service;
(D) the United States Fish and Wildlife Service; and
(E) the Forest Service;
(3) more than 75 percent of the Museum's collection was
recovered from federally managed public land; and
(4) the Museum has been designated by the legislature of the
State of Utah as the State museum of natural history.
SEC. 202. DEFINITIONS.
In this title:
(1) Museum.--The term ``Museum'' means the University of Utah
Museum of Natural History in Salt Lake City, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 203. ASSISTANCE FOR UNIVERSITY OF UTAH MUSEUM OF NATURAL
HISTORY.
(a) Assistance for Museum.--The Secretary shall make a grant to the
University of Utah in Salt Lake City, Utah, to pay the Federal share of
the costs of construction of a new facility for the Museum, including
the design, planning, furnishing, and equipping of the Museum.
(b) Grant Requirements.--
(1) In general.--To receive a grant under subsection (b), the
Museum shall submit to the Secretary a proposal for the use of the
grant.
(2) Federal share.--The Federal share of the costs described in
subsection (a) shall not exceed 25 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000, to remain available
until expended.
TITLE III--SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL
PRESERVE BOUNDARY ADJUSTMENT
SEC. 301. BOUNDARY ADJUSTMENT.
The first sentence of section 103(b) of the Salt River Bay National
Historical Park and Ecological Preserve at St. Croix, Virgin Islands,
Act of 1992 (16 U.S.C. 410tt-1(b)) is amended to read as follows: ``The
park shall consist of approximately 1015 acres of lands, waters, and
interests in lands as generally depicted on the map entitled `Salt
River Bay National Historical Park and Ecological Preserve, St. Croix,
U.S.V.I.', numbered 141/80002, and dated May 2, 2002.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Timpanogos Interagency Land Exchange - (Sec. 104) Authorizes the Secretary of Agriculture (the Secretary) to exchange specified Federal lands for non-Federal lands in the Salt Lake Meridian, Utah.Requires the Secretary to determine that title to the non-Federal land is acceptable based on Federal land acquisitions approval standards.Directs that the fair market value of the non-Federal land and the improvements on it shall be determined by an appraisal that is approved by the Secretary and conforms with the standards in the publication entitled "Uniform Appraisal Standards for Federal Land Acquisitions." Requires that each parcel of Federal land in the exchange be appraised separately, and that the values shall not be affected by the unit rule in the appraisal standards.Authorizes the Secretary to make or accept a cash equalization payment in excess of 25 percent of the total value of the lands or interests being transferred from Federal ownership.Provides that the property conveyed to the United States shall become part of the Uinta National Forest, and that for purposes of the Land and Water Conservation Fund Act of 1965, the boundaries of the national forest as adjusted by this Act shall be considered to be the boundaries as of January 1, 1965. Directs the Secretary to manage the acquired lands in accordance with the Weeks Act and other laws (including regulations) that apply to National Forest System (NFS) land.(Sec. 105) Directs the Secretary to deposit any cash equalization funds received in the fund established under the Sisk Act, for use in acquiring land and interests in land for administrative sites within Utah and land for the NFS.(Sec. 106) Requires the Secretary of the Interior to construct a visitor's center and administrative facility on the non-Federal land acquired. Directs the Secretary and the Secretary of the Interior, acting through the Chief of the Forest Service and the Director of the National Park Service, respectively, to occupy, operate, and maintain such facility.(Sec. 107) Authorizes appropriations.Title II: Utah Public Lands Artifact Preservation - Directs the Secretary of the Interior to make a grant to the University of Utah in Salt Lake City, Utah, to pay the Federal share (not to exceed 25 percent) of the costs of construction of a new facility for the Museum. Authorizes appropriations.Title III: Salt River Bay National Historical Park and Ecological Preserve Boundary Adjustment - Amends the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992 to adjust the boundaries of the Salt River Bay Historical Park and Ecological Preserve at St. Croix, Virgin Islands. | {"src": "billsum_train", "title": "A bill to provide for the acquisition of land and construction of an interagency administrative and visitor facility at the entrance to American Fork Canyon, Utah, and for other purposes."} | 2,727 | 612 | 0.542531 | 1.960402 | 0.654644 | 4.783231 | 4.691207 | 0.93865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Survivors Education
Enhancement Act of 2007''.
SEC. 2. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR
SURVIVORS AND DEPENDENTS OF VETERANS.
(a) Termination of Durational Limitation on Use of Educational
Assistance and Restatement of Continuing Requirements.--
(1) In general.--Subsection (a) of section 3511 of title
38, United States Code, is amended to read as follows:
``(a)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of educational assistance
described in paragraph (2) shall not be charged against the entitlement
of any individual under this chapter.
``(2) The payment of educational assistance referred to in
paragraph (1) is the payment of such assistance to an individual for
pursuit of a course or courses under this chapter if the Secretary
finds that the individual--
``(A) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of
being involuntarily ordered to full-time National Guard duty
under section 502(f) of title 32; and
``(B) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having to
discontinue, as described in subparagraph (A), the course
pursuit.''.
(2) Conforming amendments.--Such title 38 is further
amended as follows:
(A) In section 3511, by amending the heading to
read as follows:
``Sec. 3511. Treatment of certain interruptions in pursuit of programs
of education''.
(B) In section 3532(g)--
(i) in paragraph (1), by striking
``paragraph (3)'' and inserting ``paragraph
(2)'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as
paragraph (2).
(C) By striking section 3541 and inserting the
following new section:
``Sec. 3541. Special restorative training
``(a) The Secretary may, at the request of an eligible person--
``(1) determine whether such person is in need of special
restorative training; and
``(2) if such need is found to exist, prescribe a course
that is suitable to accomplish the purposes of this chapter.
``(b) A course of special restorative training under subsection (a)
may, at the discretion of the Secretary, contain elements that would
contribute toward an ultimate objective of a program of education.''.
(D) In section 3695(a)(4), by striking ``35,''.
(b) Extension of Delimiting Age of Eligibility for Dependents.--
Section 3512(a) of such title, is amended by striking ``twenty-sixth
birthday'' each place it appears and inserting ``thirtieth birthday''.
(c) Amount of Educational Assistance.--
(1) In general.--Section 3532 of such title is amended to
read as follows:
``Sec. 3532. Amount of educational assistance
``(a) The aggregate amount of educational assistance to which an
eligible person is entitled under this chapter is $80,000, as increased
from time to time under section 3564 of this title.
``(b) Within the aggregate amount provided for in subsection (a),
educational assistance under this chapter may be paid for any purpose,
and in any amount, as follows:
``(1) A program of education consisting of institutional
courses.
``(2) A full-time program of education that consists of
institutional courses and alternate phases of training in a
business or industrial establishment with the training in the
business or industrial establishment being strictly
supplemental to the institutional portion.
``(3) A farm cooperative program consisting of
institutional agricultural courses prescheduled to fall within
44 weeks of any period of 12 consecutive months that is pursued
by an eligible person who is concurrently engaged in
agricultural employment that is relevant to such institutional
agricultural courses as determined under standards prescribed
by the Secretary.
``(4) A course or courses or other program of special
educational assistance as provided in section 3491(a) of this
title.
``(5) A program of apprenticeship or other on-job training
pursued in a State as provided in section 3687(a) of this
title.
``(6) In the case of an eligible spouse or surviving
spouse, a program of education exclusively by correspondence as
provided in section 3686 of this title.
``(7) Special restorative training as provided in section
3542 of this title.
``(c) If a program of education is pursued by an eligible person at
an institution located in the Republic of the Philippines, any
educational assistance for such person under this chapter shall be paid
at the rate of $0.50 for each dollar.
``(d)(1) Subject to paragraph (2), the amount of educational
assistance payable under this chapter for a licensing or certification
test described in section 3501(a)(5) of this title is the lesser of
$2,000 or the fee charged for the test.
``(2) In no event shall payment of educational assistance under
this subsection for such a test exceed the amount of the available
entitlement for the individual under this chapter.''.
(2) Conforming amendments.--Title 38, United States Code,
is amended as follows:
(A) By striking section 3533 and inserting the
following new section:
``Sec. 3533. Tutorial assistance
``An eligible person shall, without any charge to any entitlement
of such person to educational assistance under section 3532(a) of this
title, be entitled to the benefits provided an eligible veteran under
section 3492 of this title.''.
(B) Section 3534 is repealed.
(C) In section 3542--
(i) in subsection (a), by striking
``computed at the basic rate'' and all that
follows through the end of the subsection and
inserting a period; and
(ii) in subsection (b), by striking ``an
educational assistance allowance'' and
inserting ``educational assistance''.
(D) In section 3543(c)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as
paragraph (2).
(E) In section 3564, by striking ``rates payable
under sections 3532, 3534(b), and 3542(a)'' and
inserting ``aggregate amount of educational assistance
payable under section 3532''.
(F) In section 3565(b), by striking paragraph (1)
and inserting the following new paragraph (1):
``(1) educational assistance payable under section 3532 of
this title, including the special training allowance referred
to in subsection (b)(7) of such section, shall be paid at the
rate of $0.50 for each dollar; and''.
(G) In section 3687--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1), by striking ``or an
eligible person (as defined in section
3501(a) of this title)''; and
(II) in the flush matter following
paragraph (2), by striking ``chapters
34 and 35'' and inserting ``chapter
34'';
(ii) in subsection (c), by striking
``chapters 34 and 35'' and inserting ``chapter
34''; and
(iii) in subsection (e), by striking
paragraph (3) and inserting the following new
paragraph (3):
``(3) In this subsection, the term `individual' means an eligible
veteran who is entitled to monthly educational assistance allowances
payable under section 3015(e) of this title.''.
(d) Other Conforming Amendments.--Title 38, United States Code, is
further amended as follows:
(1) In section 3524, by striking ``the educational
assistance allowance'' each place it appears and inserting
``educational assistance''.
(2) In section 3531--
(A) in the heading, by striking ``allowance'';
(B) in subsection (a), by striking ``an educational
assistance allowance'' and inserting ``educational
assistance''; and
(C) in subsection (b), by striking ``allowance''.
(3) In section 3537(a), by striking ``additional''.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 35 of such title is amended as follows:
(1) By striking the item relating to section 3511 and
inserting the following new item:
``3511. Treatment of certain interruptions in pursuit of programs of
education.''.
(2) By striking the items relating to section 3531, 3532,
and 3533 and inserting the following new items:
``3531. Educational assistance.
``3532. Amount of educational assistance.
``3533. Tutorial assistance.''.
(3) By striking the item relating to section 3534.
(4) By striking the item relating to section 3541 and
inserting the following new item:
``3541. Special restorative training.''.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Annual adjustments for fiscal year 2008.--
Notwithstanding the effective date under paragraph (1) of the
amendment to section 3564 of title 38, United States Code, made
by subsection (c)(2)(E), the Secretary of Veterans Affairs
shall make the first increase in the aggregate amount of
educational assistance under section 3532 of such title as
required by such section 3564 (as so amended) for fiscal year
2008. | Veterans' Survivors Education Enhancement Act of 2007 - Revises provisions concerning educational assistance under the Montgomery GI Bill to terminate the 45-month limitation on: (1) the use of such assistance for eligible veterans' survivors and dependents; and (2) the use of such assistance for special restorative training. Makes survivors and dependents eligible for educational assistance until their 30th (currently 26th) birthday.
Makes the aggregate amount of educational assistance $80,000. (Currently, there are monthly limits for full-time, three quarter-time, or half-time educational pursuit.) Includes within authorized educational pursuits in such amounts: (1) a program of apprenticeship or other on-job training; and (2) a correspondence course.
Makes survivors and dependents eligible for tutorial assistance. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to expand and enhance educational assistance for survivors and dependents of veterans."} | 2,186 | 164 | 0.509316 | 1.502811 | 0.680878 | 2.368421 | 13.756579 | 0.815789 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thrift Savings
Plan Enhancement Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Automatic enrollments.
Sec. 3. Qualified Roth contribution program.
Sec. 4. Authority to establish self-directed investment options.
Sec. 5. Reporting requirements.
Sec. 6. Acknowledgement of risk.
SEC. 2. AUTOMATIC ENROLLMENTS.
(a) Automatic Enrollment of New Participants.--
(1) In general.--Section 8432(b) of title 5, United States
Code, is amended by striking paragraphs (2) through (4) and
inserting the following:
``(2)(A) The Board shall by regulation provide for new participants
to be automatically enrolled to make contributions under subsection (a)
at the default percentage of basic pay.
``(B) For purposes of this paragraph, the default percentage shall
be equal to 3 percent or such other percentage, not less than 2 percent
nor more than 5 percent, as the Board may by regulation prescribe.
``(C) The regulations shall include provisions under which any
individual who would otherwise be automatically enrolled in accordance
with subparagraph (A) may--
``(i) modify the percentage or amount to be contributed
pursuant to automatic enrollment, effective from the start of
such enrollment; or
``(ii) decline automatic enrollment altogether.
``(D) For purposes of this paragraph, the term `new participant'
means any individual participating in the Thrift Savings Plan pursuant
to an appointment or election which occurs after any regulations under
subparagraph (A) first take effect.
``(E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1),
8440d(a)(1), and 8440e(a)(1) shall be applied in a manner consistent
with the purposes of this paragraph.''.
(2) Technical amendment.--Section 8432(b)(1) of title 5,
United States Code, is amended by striking the parenthetical
matter in subparagraph (B).
(b) Default Investments.--Section 8438(c)(2) of title 5, United
States Code, is amended to read as follows:
``(2) If an election has not been made with respect to any sums in
the Thrift Savings Fund which are available for investment, the
Executive Director shall invest such sums in--
``(A) the Government Securities Investment Fund; or
``(B) such alternative fund or funds (in lieu of the fund
under subparagraph (A)) as the Board may designate in
regulations.
The designation of an alternative fund by regulations under
subparagraph (B) may be made only if, in the judgment of the Board,
such designation would be in the best interests of participants. Any
decision under the preceding sentence shall be made after consultation
with the Employee Thrift Advisory Council (established under section
8473).''.
SEC. 3. QUALIFIED ROTH CONTRIBUTION PROGRAM.
(a) In General.--Subchapter III of chapter 84 of title 5, United
States Code, is amended by inserting after section 8432c the following:
``Sec. 8432d. Qualified Roth contribution program
``(a) Definitions.--For purposes of this section--
``(1) the term `qualified Roth contribution program' means
a program described in paragraph (1) of section 402A(b) of the
Internal Revenue Code of 1986 which meets the requirements of
paragraph (2) of such section; and
``(2) the terms `designated Roth contribution' and
`elective deferral' have the meanings given such terms in
section 402A of the Internal Revenue Code of 1986.
``(b) Authority To Establish.--The Board shall by regulation
provide for the inclusion in the Thrift Savings Plan of a qualified
Roth contribution program, under such terms and conditions as the Board
may prescribe.
``(c) Required Provisions.--The regulations under subsection (b)
shall include--
``(1) provisions under which an election to make designated
Roth contributions may be made--
``(A) by any individual who is eligible to make
contributions under section 8351, 8432(a), 8440a,
8440b, 8440c, 8440d, or 8440e; and
``(B) by any individual, not described in
subparagraph (A), who is otherwise eligible to make
elective deferrals under the Thrift Savings Plan;
``(2) any provisions which may, as a result of the
enactment of this section, be necessary in order to clarify the
meaning of any reference to an `account' made in section
8432(f), 8433, 8434(d), 8435, 8437, or any other provision of
law; and
``(3) any other provisions which may be necessary to carry
out this section.''.
(b) Clerical Amendment.--The analysis for chapter 84 of title 5,
United States Code, is amended by inserting after the item relating to
section 8432c the following:
``8432d. Qualified Roth contribution program.''.
SEC. 4. AUTHORITY TO ESTABLISH SELF-DIRECTED INVESTMENT OPTIONS.
(a) In General.--Section 8438(b)(1) of title 5, United States Code,
is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding after subparagraph (E) the following:
``(F) self-directed investment options, if the
Board authorizes such options under paragraph (5).''.
(b) Requirements.--Section 8438(b) of title 5, United States Code,
is amended by adding at the end the following:
``(5)(A) The Board may authorize the addition of self-directed
investment options under the Thrift Savings Plan if the Board
determines that the addition of such options would be in the best
interests of participants.
``(B) The self-directed investment options shall be limited to--
``(i) low-cost, passively-managed index funds that offer
diversification benefits; and
``(ii) other investment options, if the Board determines
the options to be appropriate retirement investment vehicles
for participants.
``(C) The Board shall ensure that any administrative expenses
related to self-directed investment options are borne solely by the
participants who use such options.
``(D) The Board may establish such other terms and conditions for
self-directed investment options as the Board considers appropriate to
protect the interests of participants, including requirements relating
to risk disclosure.
``(E) The Board shall consult with the Employee Thrift Advisory
Council (established under section 8473) before establishing any self-
directed investment option.''.
SEC. 5. REPORTING REQUIREMENTS.
(a) Annual Report.--The Board shall, not later than March 31 of
each year, submit to Congress an annual report on the operations of the
Thrift Savings Plan. Such report shall include, for the prior calendar
year, information on the number of participants as of the last day of
such prior calendar year, the median balance in participants' accounts
as of such last day, demographic information on participants, the
percentage allocation of amounts among investment funds or options, the
status of the development and implementation of self-directed
investment options, and such other information as the Board considers
appropriate. A copy of each annual report under this subsection shall
be made available to the public through an Internet website.
(b) Reporting of Fees and Other Information.--
(1) In general.--The Board shall include in the periodic
statements provided to participants under section 8439(c) the
amount of the investment management fees, administrative
expenses, and any other fees or expenses paid with respect to
each investment fund and option under the Thrift Savings Plan.
Any such statement shall also provide--
(A) information on the employee's estimated income
replacement rate, as determined by the Executive
Director based on the employee's most recent account
balance and rates of contributions; and
(B) a statement notifying participants as to how
they may access the annual report described in
subsection (a) as well as any other information
concerning the Thrift Savings Plan that might be
useful.
(2) Use of estimates.--For purposes of providing the
information required under this subsection, the Executive
Director may provide a reasonable and representative estimate
of any fees or expenses described in paragraph (1) and shall
indicate any such estimate as being such an estimate. Any such
estimate shall be based on the previous year's experience.
(c) Definitions.--For purposes of this section--
(1) the term ``Board'' has the meaning given such term by
8401(5) of title 5, United States Code;
(2) the term ``participant'' has the meaning given such
term by section 8471(3) of title 5, United States Code; and
(3) the term ``account'' means an account established under
section 8439 of title 5, United States Code.
SEC. 6. ACKNOWLEDGEMENT OF RISK.
(a) In General.--Section 8439(d) of title 5, United States Code, is
amended--
(1) by striking the matter after ``who elects to invest
in'' and before ``shall sign an acknowledgement'' and inserting
``any investment fund or option under this chapter, other than
the Government Securities Investment Fund,''; and
(2) by striking ``either such Fund'' and inserting ``any
such fund or option''.
(b) Coordination With Provisions Relating to Investments in the
Absence of an Election.--Subsection (d) of section 8439 of title 5,
United States Code (as amended by subsection (a)) is further amended--
(1) by redesignating subsection (d) as subsection (d)(1);
and
(2) by adding at the end the following:
``(2)(A) In the case of an investment made under section 8438(c)(2)
in any fund or option to which paragraph (1) would otherwise apply, the
participant involved shall, for purposes of this subsection, be
deemed--
``(i) to have elected to invest in such fund or option; and
``(ii) to have executed the acknowledgement required under
paragraph (1).
``(B)(i) The Executive Director shall prescribe regulations under
which written notice shall be provided to a participant whenever an
investment is made under section 8438(c)(2)(B) on behalf of such
particpant in the absence of an affirmative election described in
section 8438(c)(1).
``(ii) The regulations shall ensure that any such notice shall be
provided to the participant within 7 calendar days after the effective
date of the default election.
``(C) For purposes of this paragraph, the term `participant' has
the meaning given such term by section 8471(3).''.
(c) Coordination With Provisions Relating to Fiduciary
Responsibilities, Liabilities, and Penalties.--Section 8477(e)(1)(C) is
amended--
(1) by redesignating subparagraph (C) as subparagraph
(C)(i); and
(2) by adding at the end the following:
``(ii) A fiduciary shall not be liable under subparagraph (A), and
no civil action may be brought against a fiduciary--
``(I) for providing for the automatic enrollment of a
participant in accordance with section 8432(b)(2)(A); or
``(II) for enrolling a participant in a default investment
fund in accordance with section 8438(c)(2)(B).''. | Thrift Savings Plan Enhancement Act of 2008 - Revises requirements for participation in the Thrift Savings Plan (TSP) to require the Federal Retirement Thrift Investment Board to provide regulations for automatic enrollment of new participants to make contributions at the default percentage of basic pay.
Allows a default investment in an alternative fund or funds (in lieu of the Government Securities Investment Fund (G Fund)), as the Board may designate in regulations, if an election has not been made with respect to any TSP sums available for investment.
Requires the Board to include in the TSP, by regulation, a qualified Roth contribution progam (under which an employee may elect to make designated Roth contributions in lieu of elective deferrals under the retirement plan).
Authorizes the Board to permit the addition of self-directed investment options under the TSP if it determines that such an addition would be in the best interests of participants.
Limits such investment options to: (1) low-cost, passively-managed index funds that offer diversification benefits; and (2) other appropriate retirement investment vehicles for participants.
Deems a participant, in the case of a default investment in the G Fund or an alternative fund, to have: (1) elected to invest in such fund; and (2) executed the acknowledgement of risk otherwise required. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for the automatic enrollment of new participants in the Thrift Savings Plan, and for other purposes."} | 2,695 | 282 | 0.511444 | 1.486909 | 0.789683 | 3.694118 | 9.407843 | 0.92549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk-Power System Reliability Impact
Statement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) no other electricity network in the world provides as
much power to as many people as reliably and affordably as the
electric grid in the United States, but keeping the lights on
in the United States is a highly complex undertaking;
(2) according to the 2015 Quadrennial Energy Review, the
electric grid ``must handle a diverse and evolving mix of
energy sources and energy products; link sources, processors,
and users across immense distances; match demands that vary on
multiple time scales; co-exist with competing uses of the same
systems; and perform 24 hours a day, 365 days a year with high
reliability'';
(3) diversity is the key characteristic of the electric
system in the United States as the electric grid in the United
States is immensely complicated due to the fact that--
(A) wholesale electric service and the bulk-power
system have evolved in many different regions of the
United States with a variety of ownership and
operational structures; and
(B) the electric grid must adapt to managing an
increasingly variable energy mix and addressing
retiring baseload capacity;
(4) as set forth in Presidential Policy Directive 21
entitled the ``Presidential Policy Directive on Critical
Infrastructure Security and Resilience'', even within critical
infrastructure of the United States, energy systems are
``uniquely critical due to the enabling functions they provide
across all critical infrastructure sectors'';
(5) the wholesale electric service and the bulk-power
system of the United States should provide for the United
States electric service that is abundant, affordable, clean,
diverse, and secure;
(6) Federal regulators empowered by Congress should be
directed to use their authority to enable and not impede, on
balance, the reliability and affordability of electric service;
and
(7) just as the benefits of the electric grid accrue to
all, the burden of maintaining the electric grid must also be
fairly borne by all.
SEC. 3. RELIABILITY REPORTS.
Section 215(g) of the Federal Power Act (16 U.S.C. 824o(g)) is
amended--
(1) by striking ``The ERO'' and inserting the following:
``(1) In general.--The ERO''; and
(2) by adding at the end the following:
``(2) Reliability coordinators.--Not later than 180 days
after the date of enactment of this paragraph and not less than
every 3 years thereafter, each reliability coordinator
registered with the ERO shall submit to the appropriate
committees of Congress and the Commission a report that
describes, as of the date of the report--
``(A) the state of and prospects for the
reliability and affordability of electricity within the
geographic area covered by the reliability coordinator;
and
``(B) the most significant risks to the reliability
of the bulk-power system that might arise or need to be
monitored within the geographic area covered by the
coordinator, including risks from proposed or final
Federal regulations.''.
SEC. 4. RELIABILITY IMPACT STATEMENT.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by
adding at the end the following:
``(l) Reliability Impact Statement.--
``(1) Solicitation by commission.--Not later than 15 days
after the date on which the head of a Federal agency proposes a
major rule (as defined in section 804 of title 5, United States
Code) that may significantly affect the reliable operation of
the bulk-power system, the Commission shall solicit from any
applicable reliability coordinator registered with the ERO
affected by the proposed rule a reliability impact statement
with respect to the proposed rule.
``(2) Voluntary submission by reliability coordinator.--A
reliability coordinator may prepare, on the initiative of the
reliability coordinator, a reliability impact statement for any
proposed major Federal rule that the reliability coordinator
determines would significantly affect the reliable operation of
the bulk-power system within the jurisdiction of the
reliability coordinator.
``(3) Multijurisdictional coordination.--If a proposed rule
subject to a reliability impact statement under paragraph (1)
or (2) affects an area broader than the jurisdiction of a
single reliability coordinator, the ERO shall convene a
committee of the affected reliability coordinators to produce a
single reliability impact statement that demonstrates for each
affected area the reliability impact of the proposed rule.
``(4) Requirements.--A reliability impact statement under
paragraph (1) or (2) shall include a detailed statement on--
``(A) the impact of the proposed rule on the
reliable operation of the bulk-power system;
``(B) any adverse effects on the reliable operation
of the bulk-power system if the proposed rule was
implemented; and
``(C) alternatives to cure the identified adverse
reliability impacts, including, at the discretion of
the reliability coordinator, a no-action alternative.
``(5) Submission to commission.--On completion of a
reliability impact statement under paragraph (1) or (2), the
reliability coordinator or a committee of affected reliability
coordinators convened under paragraph (3) shall submit to the
Commission the reliability impact statement.
``(6) Transmittal to head of federal agency.--On receipt of
a reliability impact statement submitted to the Commission
under paragraph (5), the Commission shall transmit to the head
of the applicable Federal agency the reliability impact
statement prepared under this subsection for inclusion in the
public record.
``(7) Inclusion of detailed response in final rule.--In
issuing a proposed major rule subject to a reliability impact
statement prepared under paragraph (1) or (2), the head of the
Federal agency shall--
``(A) consider the reliability impact statement in
issuing the proposed major rule; and
``(B) include in the final rule a detailed response
to the reliability impact statement.''. | Bulk-Power System Reliability Impact Statement Act This bill amends the Federal Power Act to require reliability coordinators registered with the Electric Reliability Organization (ERO) to report to certain congressional committees and the Federal Energy Regulatory Commission (FERC) regarding: the state of and prospects for the reliability and affordability of electricity within their respective geographic areas, and the most significant risks to the reliability of the bulk-power system that might arise or need to be monitored within such geographic areas, including risks from proposed or final federal regulations. FERC must: solicit a reliability impact statement from the affected reliability coordinator within 15 days after a federal agency proposes a major rule that may significantly affect the reliable operation of the bulk-power system, and transmit the coordinator's reliability impact statement to the head of the federal agency for inclusion in the public record. A reliability coordinator may also submit voluntarily a reliability impact statement for any proposed major federal rule that the coordinator determines would significantly affect the reliable operation of the bulk-power system within the coordinator's jurisdiction. If a proposed rule subject to a reliability impact statement affects an area broader than the jurisdiction of a single reliability coordinator, the ERO must convene a committee of the affected reliability coordinators in order to produce a single statement that demonstrates for each affected area the reliability impact of the proposed rule. When issuing a proposed major rule subject to a reliability impact statement, the head of the federal agency must: consider the reliability impact statement in issuing the proposed rule, and include in the final rule a detailed response to the reliability impact statement. | {"src": "billsum_train", "title": "Bulk-Power System Reliability Impact Statement Act"} | 1,269 | 341 | 0.489877 | 1.618218 | 0.767588 | 4.854839 | 4.016129 | 0.906452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Disability Workload
Liability Resolution Act of 2009''.
SEC. 2. PAYMENT OF MEDICARE LIABILITY TO STATES AS A RESULT OF THE
SPECIAL DISABILITY WORKLOAD PROJECT.
(a) In General.--The Secretary, in consultation with the
Commissioner, shall work with each State to reach an agreement, not
later than 6 months after the date of enactment of this Act, on the
amount of a payment for the State related to the Medicare program
liability as a result of the Special Disability Workload project,
subject to the requirements of subsection (c).
(b) Payments.--
(1) Deadline for making payments.--Not later than 30 days
after reaching an agreement with a State under subsection (a),
the Secretary shall pay the State, from the amounts
appropriated under paragraph (2), the payment agreed to for the
State.
(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated $4,000,000,000
for fiscal year 2010 for making payments to States under
paragraph (1).
(3) Limitations.--In no case may the aggregate amount of
payments made by the Secretary to States under paragraph (1)
exceed $4,000,000,000.
(c) Requirements.--The requirements of this subsection are the
following:
(1) Federal data used to determine amount of payments.--The
amount of the payment under subsection (a) for each State is
determined on the basis of the most recent Federal data
available, including the use of proxies and reasonable
estimates as necessary, for determining expeditiously the
amount of the payment that shall be made to each State that
enters into an agreement under this section. The payment
methodology shall consider the following factors:
(A) The number of SDW cases found to have been
eligible for benefits under the Medicare program and
the month of the initial Medicare program eligibility
for such cases.
(B) The applicable non-Federal share of
expenditures made by a State under the Medicaid program
during the time period for SDW cases.
(C) Such other factors as the Secretary and the
Commissioner, in consultation with the States,
determine appropriate.
(2) Conditions for payments.--A State shall not receive a
payment under this section unless the State--
(A) waives the right to file a civil action (or to
be a party to any action) in any Federal or State court
in which the relief sought includes a payment from the
United States to the State related to the Medicare
liability under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) as a result of the Special
Disability Workload project; and
(B) releases the United States from any further
claims for reimbursement of State expenditures as a
result of the Special Disability Workload project
(other than reimbursements being made under agreements
in effect on the date of enactment of this Act as a
result of such project, including payments made
pursuant to agreements entered into under section 1616
of the Social Security Act or section 211(1)(1)(A) of
Public Law 93-66).
(3) No individual state claims data required.--No State
shall be required to submit individual claims evidencing
payment under the Medicaid program as a condition for receiving
a payment under this section.
(4) Ineligible states.--No State that is a party to a civil
action in any Federal or State court in which the relief sought
includes a payment from the United States to the State related
to the Medicare liability under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) as a result of the
Special Disability Workload project shall be eligible to
receive a payment under this section while such an action is
pending or if such an action is resolved in favor of the State.
(d) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(2) Medicaid program.--The term ``Medicaid program'' means
the program of medical assistance established under title XIX
of the Social Security Act (42 U.S.C. 1396a et seq.) and
includes medical assistance provided under any waiver of that
program approved under section 1115 or 1915 of such Act (42
U.S.C. 1315, 1396n) or otherwise.
(3) Medicare program.--The term ``Medicare program'' means
the program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Sdw case.--The term ``SDW case'' means a case in the
Special Disability Workload project involving an individual
determined by the Commissioner to have been eligible for
benefits under title II of the Social Security Act (42 U.S.C.
401 et seq.) for a period during which such benefits were not
provided to the individual and who was, during all or part of
such period, enrolled in a State Medicaid program.
(6) Special disability workload project.--The term
``Special Disability Workload project'' means the project
described in the 2008 Annual Report of the Board of Trustees of
the Federal Old-Age and Survivors Insurance and Federal
Disability Insurance Trust Funds, H.R. Doc. No. 110-104, 110th
Cong. (2008).
(7) State.--The term ``State'' means each of the 50 States
and the District of Columbia. | Special Disability Workload Liability Resolution Act of 2009 - Directs the Secretary of Health and Human Services to work with each state to reach an agreement on the amount of a payment for the state related to the Medicare program liability under title XVIII of the Social Security Act as a result of the Special Disability Workload project. (The special workload was the result of discovering a substantial number of recipients of Supplemental Security Income [SSI] benefits whose disability insured status under the title II [OASDI] Disability Insurance program was not previously recognized.)
Prohibits any such payment to a state unless it: (1) waives the right to file a civil action (or to be a party to any action) in federal or state court in which the relief sought includes a payment to the state from the United States related to such Medicare liability; and (2) releases the United States from any further claims for reimbursement of state expenditures as a result of the Special Disability Workload project. | {"src": "billsum_train", "title": "A bill to require the Secretary of Health and Human Services to enter into agreements with States to resolve outstanding claims for reimbursement under the Medicare program relating to the Special Disability Workload project."} | 1,252 | 210 | 0.585861 | 1.774607 | 0.745728 | 5.306452 | 5.935484 | 0.897849 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Reprocessed Single Use Medical
Device Patient Safety Act of 1999''.
SEC. 2. REPROCESSED MEDICAL DEVICES.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by adding at the end the
following:
``SEC. 524. REPROCESSED MEDICAL DEVICES.
``(a) Findings.--Congress makes the following findings:
``(1) The Food and Drug Administration has information
indicating that some reprocessed medical devices labeled for
single use have been associated with serious injury and that
reprocessed medical devices labeled for single use have the
potential to cause injury.
``(2) Reprocessed medical devices labeled for single use
are being used on patients without their knowledge, against
original manufacturers' warnings, and without a determination
by the Food and Drug Administration that such devices are safe
and effective.
``(3) The reprocessing of devices that are labeled for
single use is currently occurring without premarket approval by
or notification to the Food and Drug Administration, such as is
required for certain devices under sections 510 and 515.
``(4) The Food and Drug Administration should have the
knowledge and expertise to evaluate the safety and
effectiveness of reprocessed medical devices labeled for single
use.
``(5) Enforcement by the Food and Drug Administration of
the provisions of this Act that address the safety and
effectiveness of devices is the only effective way to protect
patients exposed to reprocessed medical devices labeled for
single use.
``(6) The United States public deserves to know that all
devices regulated by the Food and Drug Administration are safe
and effective and that the appropriate level of oversight is
being implemented in order to guarantee such safety and
effectiveness.
``(b) Purpose.--The purpose of this section is to--
``(1) require that the Food and Drug Administration
implement and enforce all provisions of this Act that are
applicable to reprocessed medical devices, including device
registration, listing, and premarket safety controls; and
``(2) require the informed consent of patients prior to
using reprocessed class II, class III, and critical class I
medical devices.
``(c) Registration.--Every person or establishment engaged in the
reprocessing of a device labeled for single use shall--
``(1) upon first engaging in the reprocessing of such
device, register with the Secretary and provide all information
required in accordance with section 510(c);
``(2) for each year in which the person or establishment
engages in the reprocessing of such device, register with the
Secretary and provide all information required under section
510(b); and
``(3) for each year in which the person or establishment
engages in the reprocessing of such device, submit to the
Secretary a list of devices labeled for single use that the
person or establishment is reprocessing, including the names of
the original equipment manufacturers of such devices and the
specific models of such devices that are reprocessed.
``(d) Information.--Every person or establishment engaged in the
reprocessing of a device labeled for single use shall, for each
reprocessed medical device, provide to each person or establishment
that uses such reprocessed medical device, information necessary for
such person or establishment to comply with subsection (f).
``(e) Safety and Effectiveness.--Not later than 6 months after the
date of enactment of this section, every person or establishment
required to register under subsection (c) with respect to a device
shall, before introducing into interstate commerce a reprocessed
medical device labeled for single use, meet the requirements of
sections 510(k) and 515 to demonstrate to the Secretary that such
reprocessed device is safe and effective or substantially equivalent to
a device the Secretary has deemed safe and effective.
``(f) Informed Patient Consent and Medical Records.--
``(1) In general.--Every person or establishment that uses
a class II, class III, or critical class I reprocessed medical
device to provide medical care to an individual shall seek
informed consent from the patient for the use of such a device.
``(2) Medical records.--
``(A) In general.--Every person or establishment
that uses a class II, class III, or critical class I
reprocessed medical device to provide medical care to
an individual shall keep a record of such use and
include a note of such use in such individual's medical
record.
``(B) Contents.--The contents of the record
described in paragraph (1) shall include--
``(i) the name and place of business of the
person or establishment that reprocessed the
device labeled for single use and the batch or
lot number of such device; and
``(ii) the identity of the original
manufacturer of the device.
``(g) Report.--Not later than 9 months after the date of enactment
of this section, the Secretary shall submit a report to the Committee
on Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate that describes
findings from current Food and Drug Administration studies (as of the
date of submission) on the safety and efficacy of reprocessing of
devices labeled for single use.
``(h) Medwatch.--Not later than 6 months after the date of
enactment of this section, the Secretary shall modify the MEDWATCH
forms to facilitate reporting of information relating to reprocessed
medical devices, including the name of a reprocessor and the number of
times a device has been reused.
``(i) Application.--All other sections of this Act that govern
devices as defined in section 201(h) shall also apply to reprocessed
medical devices, if applicable.
``(j) Definitions.--In this section:
``(1) Critical class i medical device.--The term `critical
class I medical device' means a device that may break the
mucosal boundary, may be introduced in the bloodstream, or may
be introduced into other than normally sterile areas of the
body.
``(2) Reprocessed medical device.--The term `reprocessed
medical device' means a device that--
``(A) is labeled for single use, or is disposable
and intended for single use; and
``(B) is cleaned or sanitized after use in order
that such a device may be reused upon another
individual.
``(3) Reprocessing.--The term `reprocessing' means a
procedure employed in order to produce a reprocessed medical
device.''. | Requires every person or establishment that uses a class II or III reprocessed medical device, or a critical class I reprocessed medical device, for the provision of medical care to individuals to seek informed patient consent for such use, and to include a record of such use in the individual's medical record.
Requires a report from the Secretary to specified congressional committees on the safety and efficacy of the reprocessing of devices labeled for single use.
Requires the Secretary to modify the MEDWATCH forms to facilitate the reporting of such information. | {"src": "billsum_train", "title": "Reprocessed Single Use Medical Device Patient Safety Act of 1999"} | 1,528 | 132 | 0.582108 | 1.587211 | 0.540856 | 2.82 | 13.45 | 0.92 |
SECTION 1. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) In General.--Section 6 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(e)(1) In addition to the authority otherwise provided by this
Act, each Inspector General appointed under section 3, any Assistant
Inspector General for Investigations under such an Inspector General,
and any special agent supervised by such an Assistant Inspector General
may be authorized by the Attorney General to--
``(A) carry a firearm while engaged in official duties as
authorized under this Act or other statute, or as expressly
authorized by the Attorney General;
``(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other statute,
or as expressly authorized by the Attorney General, for any
offense against the United States committed in the presence of
such Inspector General, Assistant Inspector General, or agent,
or for any felony cognizable under the laws of the United
States if such Inspector General, Assistant Inspector General,
or agent has reasonable grounds to believe that the person to
be arrested has committed or is committing such felony; and
``(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority of
the United States upon probable cause to believe that a
violation has been committed.
``(2) The Attorney General may authorize exercise of the powers
under this subsection only upon an initial determination that--
``(A) the affected Office of Inspector General is
significantly hampered in the performance of responsibilities
established by this Act as a result of the lack of such powers;
``(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such powers; and
``(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such powers.
``(3) The Inspector General offices of the Department of Commerce,
Department of Education, Department of Energy, Department of Health and
Human Services, Department of Housing and Urban Development, Department
of the Interior, Department of Justice, Department of Labor, Department
of State, Department of Transportation, Department of the Treasury,
Department of Veterans Affairs, Agency for International Development,
Environmental Protection Agency, Federal Deposit Insurance Corporation,
Federal Emergency Management Agency, General Services Administration,
National Aeronautics and Space Administration, Nuclear Regulatory
Commission, Office of Personnel Management, Railroad Retirement Board,
Small Business Administration, Social Security Administration, and the
Tennessee Valley Authority are exempt from the requirement of paragraph
(2) of an initial determination of eligibility by the Attorney General.
``(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the law
enforcement powers established under paragraph (1).
``(5)(A) Powers authorized for an Office of Inspector General under
paragraph (1) may be rescinded or suspended upon a determination by the
Attorney General that any of the requirements under paragraph (2) is no
longer satisfied or that the exercise of authorized powers by that
Office of Inspector General has not complied with the guidelines
promulgated by the Attorney General under paragraph (4).
``(B) Powers authorized to be exercised by any individual under
paragraph (1) may be rescinded or suspended with respect to that
individual upon a determination by the Attorney General that such
individual has not complied with guidelines promulgated by the Attorney
General under paragraph (4).
``(6) A determination by the Attorney General under paragraph (2)
or (5) shall not be reviewable in or by any court.
``(7) To ensure the proper exercise of the law enforcement powers
authorized by this subsection, the Offices of Inspector General
described under paragraph (3) shall, not later than 180 days after the
date of enactment of this subsection, collectively enter into a
memorandum of understanding to establish an external review process for
ensuring that adequate internal safeguards and management procedures
continue to exist within each Office and within any Office that later
receives an authorization under paragraph (2). The review process shall
be established in consultation with the Attorney General, who shall be
provided with a copy of the memorandum of understanding that
establishes the review process. Under the review process, the exercise
of the law enforcement powers by each Office of Inspector General shall
be reviewed periodically by another Office of Inspector General or by a
committee of Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and to the
Attorney General.
``(8) No provision of this subsection shall limit the exercise of
law enforcement powers established under any other statutory authority,
including United States Marshals Service special deputation.''.
(b) Promulgation of Initial Guidelines.--
(1) Definition.--In this subsection, the term ``memoranda
of understanding'' means the agreements between the Department
of Justice and the Inspector General offices described under
section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C.
App) (as added by subsection (a) of this section) that--
(A) are in effect on the date of enactment of this
Act; and
(B) authorize such offices to exercise authority
that is the same or similar to the authority under
section 6(e)(1) of such Act.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App) (as added by subsection (a) of this
section) applicable to the Inspector General offices described
under section 6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines promulgated under
this subsection shall include, at a minimum, the operational
and training requirements in the memoranda of understanding.
(4) No lapse of authority.--The memoranda of understanding
in effect on the date of enactment of this Act shall remain in
effect until the guidelines promulgated under this subsection
take effect.
(c) Effective Dates.--
(1) In general.--Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take effect
on the date of enactment of this Act.
Passed the Senate October 17, 2002.
Attest:
JERI THOMSON,
Secretary. | Amends the Inspector General Act of 1978 to permit each Inspector General, any Assistant Inspector General for Investigations, and any special agent supervised by such an Assistant Inspector General to be authorized by the Attorney General to: (1) carry a firearm while engaged in official duties or as expressly authorized by the Attorney General; (2) make an arrest without a warrant while engaged in such duties (or as such expressly authorized) for any offense against the United States committed in the presence of such Inspector, Assistant Inspector, or agent, or for any felony; and (3) seek and execute warrants for an arrest, search, or seizure.Empowers the Attorney General to authorize the exercise of such powers only upon an initial determination that: (1) the affected Office of Inspector General is significantly hampered in the performance of such responsibilities as a result of the lack of such powers; (2) available assistance from other law enforcement agencies is insufficient to meet the need for exercising such powers; and (3) adequate internal safeguards and management procedures exist to ensure proper exercise of those powers.Exempts specified Offices of Inspector General from such an initial determination of eligibility. Directs such Offices to collectively enter into a memorandum of understanding to establish an external review process for ensuring that such safeguards and procedures continue to exist within each Office and any Office that receives such an authorization. | {"src": "billsum_train", "title": "A bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish police powers for certain Inspector General agents engaged in official duties and provide an oversight mechanism for the exercise of those powers."} | 1,388 | 286 | 0.660444 | 1.902586 | 0.840588 | 5.121673 | 5.038023 | 0.969582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get the Lead Out of Schools Act''.
SEC. 2. SCHOOL TESTING AND NOTIFICATION; GRANT PROGRAM.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
amended by adding at the end the following:
``(e) Testing and Notification Requirements for Public Water
Systems That Serve Schools.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall promulgate a
national primary drinking water regulation for school drinking water
that--
``(1) establishes a lead action level that is not less than
the lead action level established by the Administrator under
section 1412(b);
``(2) requires each public water system to sample for lead
in the drinking water at such schools as the Administrator
determines to have a risk of lead in the drinking water at a
level that meets or exceeds the lead action level established
under paragraph (1); and
``(3) in the case of results of sampling under paragraph
(2) that indicate that the drinking water of a school contains
lead that meets or exceeds the lead action level established
under paragraph (1), requires the public water system that
serves the school to notify the local educational agency that
has jurisdiction over the school, the relevant local health
agencies, the municipality, and the State as soon as
practicable, but not later than 5 business days after the date
on which the public water system receives the sampling results.
``(f) School Lead Testing and Remediation Grant Program.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a local educational agency (as defined in
subsection (d)(1)); or
``(B) a State agency that administers a statewide
program to test for, or remediate, lead contamination
in drinking water.
``(2) Grants authorized.--Not later than 1 year after the
date of enactment of this subsection, the Administrator shall
establish a grant program to make grants available to eligible
entities to test for, and remediate, lead contamination in
school drinking water.
``(3) Use of funds.--
``(A) In general.--An eligible entity that receives
a grant under this subsection may use grant funds--
``(i) to recover the costs incurred by the
eligible entity for testing for lead
contamination in school drinking water
conducted by an entity approved by the
Administrator or the State to conduct the
testing; or
``(ii) to replace lead pipes, pipe
fittings, plumbing fittings, and fixtures of
any school with drinking water that contains a
level of lead that meets or exceeds the action
level established by the Administrator under
subsection (e)(1) with lead free (as defined in
section 1417) pipes, pipe fittings, plumbing
fittings, and fixtures.
``(B) Limitation.--Not more than 5 percent of grant
funds accepted under this subsection shall be used to
pay the administrative costs of testing for, or
remediation of, lead contamination.
``(4) Guidance; public availability.--As a condition of
receiving a grant under this subsection, an eligible entity
shall--
``(A) expend grant funds in accordance with--
``(i) the guidance of the Environmental
Protection Agency entitled `3Ts for Reducing
Lead in Drinking Water in Schools: Revised
Technical Guidance' and dated October 2006 (or
any successor guidance); or
``(ii) applicable State regulations or
guidance regarding the reduction of lead in
drinking water in schools that is not less
stringent than the guidance referred to in
clause (i), as determined by the Administrator;
``(B) make publicly available, including, to the
maximum extent practicable, on the Internet website of
the eligible entity, a copy of the results of any
testing for lead contamination in school drinking water
that is carried out with funds under this subsection;
and
``(C) notify parent, teacher, and employee
organizations of the availability of the results
described in subparagraph (B).''. | Get the Lead Out of Schools Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation for schools and day care facilities that: (1) establishes a lead action level (a level of lead in drinking water that triggers additional actions to control lead contamination) of at least 15 parts per billion; (2) directs each public water system to sample for lead in the drinking water at schools and day care facilities if the EPA determines there is a risk that the lead in the drinking water will meet or exceed the action level; and (3) directs public water systems that serve schools or day cares that meet or exceed the action level to notify the local educational agency, the relevant local health agencies, the municipality, and the state as soon as practicable, but no later than five business days after the system receives the sampling results. The EPA must also establish a grant program for: (1) testing drinking water in schools and day care facilities for lead contamination, and (2) remediating lead contamination in such drinking water by replacing lead pipes and certain plumbing materials with lead-free material. | {"src": "billsum_train", "title": "Get the Lead Out of Schools Act"} | 907 | 241 | 0.72212 | 1.95966 | 0.77187 | 3.238095 | 3.735931 | 0.796537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Faith and Credit in Our
Communities Act of 2007''.
SEC. 2. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC
DEVELOPMENT PURPOSES.
The Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4701 et seq.) is amended by inserting after section 114
the following:
``SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR
ECONOMIC DEVELOPMENT PURPOSES.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Director.--The term `Director' means the Director of
the Community Development Financial Institutions Fund.
``(2) Eligible community development financial
institution.--The term `eligible community development
financial institution' means a community development financial
institution that is organized as a private, not-for-profit
association, or otherwise on a nonprofit basis, that has
applied to an issuer for, or been granted by an issuer, a loan
or note under the Program.
``(3) Eligible community or economic development purpose.--
The term `eligible community or economic development purpose'--
``(A) means any purpose described in section
108(b); and
``(B) includes the provision of community or
economic development in low-income or underserved rural
areas.
``(4) Guarantee.--The term `guarantee' means a written
agreement between the Secretary and a guaranteed note or
bondholder, pursuant to which, the Secretary ensures repayment
of the verifiable losses on any bond issue of the principal,
interest, and call premium, if any, on the guaranteed notes or
bonds of the issuer.
``(5) Issuer.--
``(A) In general.--The term `issuer' means a
community development financial institution that has
been approved by the Secretary to receive a guarantee
under the Program, and that otherwise meets the
qualification requirements of this section and the
rules of the Secretary.
``(B) Approval criteria for issuers.--
``(i) In general.--The Secretary shall
approve a community development financial
institution for a guarantee under the Program
in accordance with such terms and procedures as
the Secretary establishes, by rule, for such
purpose.
``(ii) Terms and qualifications.--For
approval as an issuer under the Program, a
community development financial institution
shall--
``(I) have appropriate expertise,
capacity, and experience, or otherwise
be qualified to make loans for eligible
community or economic development
purposes;
``(II) provide to the Secretary an
acceptable capital distribution plan
that meets the requirements of this
section; and
``(III) certify to the Secretary
that the bonds or notes to be
guaranteed are to be used for eligible
community or economic development
purposes.
``(C) Department opinion; timing.--
``(i) Department opinion.--Not later than
30 days after the date of a request by an
issuer for approval of a guarantee under the
Program, the General Counsel of the Fund shall
provide to the Secretary an opinion regarding
compliance by the issuer with the requirements
of the Program under this section.
``(ii) Timing.--The Secretary shall approve
or deny a guarantee under this section after
consideration of the opinion provided to the
Secretary under clause (i), and in no case
later than 45 days after receipt of all
required information is submitted to the
Secretary with respect to a request for such
guarantee.
``(6) Loan.--The term `loan' means any credit instrument
that is extended under the Program for any eligible community
or economic development purpose.
``(7) Master servicer.--
``(A) In general.--The term `master servicer' means
any entity approved by the Secretary in accordance with
subparagraph (B) to oversee the activities of
servicers, as provided in subsection (g)(4).
``(B) Approval criteria for master servicers.--The
Secretary shall approve or deny any application to
become a master servicer under the Program not later
than 30 days after the date on which all required
information is submitted to the Secretary, based on the
capacity and experience of the applicant in--
``(i) loan administration, servicing, and
loan monitoring;
``(ii) managing regional or national loan
intake, processing, or servicing operational
systems and infrastructure;
``(iii) managing regional or national
originator communication systems and
infrastructure;
``(iv) developing and implementing training
and other risk management strategies on a
regional or national basis; and
``(v) compliance monitoring, investor
relations, and reporting.
``(8) Program.--The term `Program' means the guarantee
program for tax-exempt bonds and notes issued for eligible
community or economic development purposes created by this
section.
``(9) Program administrator.--The term `program
administrator' means an entity designated by the issuer to
perform various administrative duties, as provided in
subsection (g)(2).
``(10) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(11) Servicer.--The term `servicer' means an entity
designated by the issuer to perform various servicing duties,
as provided in subsection (g)(3).
``(b) Guarantees Authorized.--The Secretary shall guarantee
payments on tax-exempt bonds or notes issued by any issuer approved for
such purpose under subsection (a)(5)(B), if the proceeds of the bonds
or notes are used in accordance with this section to make loans to
eligible community development financial institutions--
``(1) for eligible community or economic development
purposes; or
``(2) to refinance loans or notes issued for such purposes.
``(c) Issuer Requirements and Authority.--
``(1) In general.--The capital distribution plan required
by subsection (a)(5)(B) shall reflect investment of not less
than 90 percent of the principal amount of guaranteed bonds or
notes in otherwise unencumbered loans for any eligible
community or economic development purpose, measured annually,
beginning at the end of year 1 of the Program.
``(2) Relending account.--Not more than 10 percent of the
principal amount of guaranteed bonds or notes, multiplied by an
amount equal to the outstanding principal balance of issued
notes or bonds, minus the risk-share pool amount under
subsection (e), may be held in a relending account and may be
made available for new eligible community or economic
development purposes.
``(3) Limitations on unpaid principal balances.--The unpaid
principal balance of the issued bonds or notes that are
guaranteed under the Program may not be used to pay fees, and
shall be held in--
``(A) community or economic development loans;
``(B) a relending account, to the extent authorized
under paragraph (2); or
``(C) a risk-share pool established under
subsection (e).
``(4) Repayment.--If an issuer fails to meet the
requirements of paragraph (1), not later than 30 days after the
date on which such failure occurs, repayment shall be made on
the issued bonds or notes to bring the issuer into compliance.
``(5) Prohibited uses.--The Secretary shall, by
regulation--
``(A) prohibit, as appropriate, certain uses of
amounts from the guarantee of a bond or note under the
Program, including the use of such funds for political
activities, lobbying, outreach, counseling services, or
travel expenses; and
``(B) provide that the guarantee of a bond or note
under the Program may not be used for salaries or other
administrative costs of--
``(i) the issuer; or
``(ii) any recipient of amounts from the
guarantee of a bond or note.
``(d) Certain Interest Rate Reductions Authorized.--An eligible
community development financial institution or an issuer may use a bond
or note issued under the Program, or the proceeds from a guarantee of
such a bond or note, as applicable, to reduce the interest rate on a
loan, if the loan is made by an issuer to an eligible community
development financial institution for any community or economic
development purpose.
``(e) Risk-Share Pool.--Each issuer shall, during the term of a
guarantee provided under the Program, establish a risk-share pool,
capitalized by an amount equal to not less than 3 percent of the
guaranteed amount outstanding on the subject notes and bonds.
``(f) Guarantees.--
``(1) In general.--A guarantee issued under the Program
shall--
``(A) be for the full amount of a bond or note,
including the amount of principal, interest, and call
premiums;
``(B) be fully assignable and transferable to the
Federal Financing Bank or the capital market, on terms
and conditions that are consistent with comparable
Government-guaranteed bonds, and satisfactory to the
Secretary;
``(C) represent the full faith and credit of the
United States; and
``(D) have a final maturity date for the bonds not
to exceed 40 years.
``(2) Limitations.--
``(A) Annual number of guarantees.--The Secretary
shall issue not more than 5 guarantees in any calendar
year under the Program.
``(B) Guarantee amount.--The Secretary may not
guarantee any amount under the Program equal to less
than $100,000,000, but the total of all such guarantees
in any fiscal year may not exceed $1,000,000,000.
``(g) Servicing of Transactions.--
``(1) In general.--To maximize efficiencies and minimize
cost and interest rates, loans made under this section may be
serviced by qualified program administrators, bond servicers,
and a master servicer.
``(2) Duties of program administrator.--The duties of a
program administrator shall include--
``(A) approving and qualifying eligible community
development financial institution applications for
participation in the Program;
``(B) compliance monitoring;
``(C) bond packaging in connection with the
Program; and
``(D) all other duties and related services that
are customarily expected of a program administrator.
``(3) Duties of servicer.--The duties of a servicer shall
include--
``(A) billing and collecting loan payments;
``(B) initiating collection activities on past-due
loans;
``(C) transferring loan payments to the master
servicing accounts;
``(D) loan administration and servicing;
``(E) systematic and timely reporting of loan
performance through remittance and servicing reports;
``(F) proper measurement of annual outstanding loan
requirements; and
``(G) all other duties and related services that
are customarily expected of servicers.
``(4) Duties of master servicer.--The duties of a master
servicer shall include--
``(A) tracking the movement of funds between the
accounts of the master servicer and any other servicer;
``(B) ensuring orderly receipt of the monthly
remittance and servicing reports of the servicer;
``(C) monitoring the collection comments and
foreclosure actions;
``(D) aggregating the reporting and distribution of
funds to trustees and investors;
``(E) removing and replacing a servicer, as
necessary;
``(F) loan administration and servicing;
``(G) systematic and timely reporting of loan
performance compiled from all bond servicers' reports;
``(H) proper distribution of funds to investors;
and
``(I) all other duties and related services that
are customarily expected of a master servicer.
``(h) Fees.--
``(1) In general.--An issuer that receives a guarantee
issued under this section on a bond or note shall pay a fee to
the Director, in an amount equal to 30 basis points of the
amount of the unpaid principal of the bond or note guaranteed.
``(2) Payment.--An issuer shall pay the fee required under
this subsection on a semiannual basis.
``(3) Fund subaccount created.--Fees collected under this
subsection shall be--
``(A) deposited into a separate subaccount in the
Fund;
``(B) awarded to eligible community development
financial institutions through a competitive grant
process, in accordance with sections 103(5) and 105 and
regulations issued thereunder, or to an eligible
community partnership, in accordance with sections
103(7) and 106 and regulations issued thereunder;
``(C) limited to eligible community or economic
development purposes; and
``(D) committed for use by the Fund within 2 years
of the date of receipt from the issuer.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated,
such sums as are necessary to carry out this section.
``(2) Use of fees.--To the extent that the amount of funds
appropriated for a fiscal year under paragraph (1) are not
sufficient to carry out this section, the Director may use up
to 20 percent of the fees collected under subsection (h) for
the cost of providing guarantees of bonds and notes under this
section before depositing the remainder of the fees into the
Fund subaccount established under subsection (h).
``(j) Administration.--
``(1) Regulations.--Not later than 180 days after the date
of enactment of this section, the Secretary shall promulgate
regulations to carry out this section.
``(2) Implementation.--Not later than 240 days after the
date of enactment of this section, the Secretary shall
implement this section.
``(k) Termination.--This section is repealed, and the authority
provided under this section shall terminate, on September 30, 2012.''. | Full Faith and Credit in Our Communities Act of 2007 - Amends the Community Banking and Financial Institutions Act of 1994 to require the Secretary of the Treasury to guarantee payments on tax-exempt bonds or notes issued by any approved issuer if their proceeds are used to make loans to eligible community development financial institutions: (1) for eligible community or economic development purposes; or (2) to refinance loans or notes issued for such purposes.
Lists among such community or economic development purposes, especially in low-income or underserved rural areas, developing or supporting: (1) commercial facilities that promote revitalization, community stability, or job creation or retention; (2) businesses that provide jobs for low-income people or are owned by low-income people, or enhance the availability of products and services to them; (3) community facilities; (4) the provision of basic financial services; and (5) housing that is principally affordable to low-income people.
Specifies that assistance used to facilitate homeownership shall only be used for services and lending products that: (1) serve low-income people; and (2) are not provided by other lenders in the area, or complement the services and lending products provided by other lenders that serve the investment area or targeted population.
Authorizes an eligible community development financial institution or an issuer to use a bond or note to reduce the interest rate on a loan made by an issuer to an eligible community development financial institution for any community or economic development purpose.
Requires each issuer, during the term of a guarantee, to establish a risk-share pool meeting certain criteria.
Requires any issuer receiving a guarantee on a bond or note to pay a specified fee to the Director of the Community Development Financial Institutions Fund. | {"src": "billsum_train", "title": "A bill to authorize guarantees for bonds and notes issued for community or economic development purposes."} | 3,097 | 363 | 0.668536 | 2.134023 | 0.826517 | 3.573913 | 8.310145 | 0.831884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Self-Sufficient Community Lands
Act''.
SEC. 2. PURPOSE AND DEFINITIONS.
(a) Purpose.--The purpose of this Act is to generate dependable
economic activity for counties and local governments by establishing a
demonstration program for local, sustainable forest management.
(b) Definitions.--In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee appointed by the Governor of a
State for the community forest demonstration area established
for the State.
(2) Community forest demonstration area.--The term
``community forest demonstration area'' means a community
forest demonstration area established for a State under section
3.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the designee of the Secretary of Agriculture.
(5) State.--The term ``State'' includes the Commonwealth of
Puerto Rico.
SEC. 3. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Establishment Required; Time for Establishment.--Subject to
subsection (c) and not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall establish a
community forest demonstration area at the request of the Advisory
Committee appointed to manage community forest demonstration area land
in that State.
(b) Covered Land.--
(1) Inclusion of national forest system land.--The
community forest demonstration areas of a State shall consist
of the National Forest System land in the State identified for
inclusion by the Advisory Committee of that State.
(2) Exclusion of certain land.--A community forest
demonstration area shall not include National Forest System
land--
(A) that is a component of the National Wilderness
Preservation System;
(B) on which the removal of vegetation is
specifically prohibited by Federal statute;
(C) National Monuments; or
(D) over which administration jurisdiction was
first assumed by the Forest Service under title III.
(c) Conditions on Establishment.--
(1) Acreage requirement.--A community forest demonstration
area must include at least 200,000 acres of National Forest
System land. If the unit of the National Forest System in which
a community forest demonstration area is being established
contains more than 5,000,000 acres, the community forest
demonstration area may include 900,000 or more acres of
National Forest System land.
(2) Management law or best management practices
requirement.--A community forest demonstration area may be
established in a State only if the State--
(A) has a forest practices law applicable to State
or privately owned forest land in the State; or
(B) has established silvicultural best management
practices or other regulations for forest management
practices related to clean water, soil quality,
wildlife or forest health.
(3) Revenue sharing requirement.--As a condition of the
inclusion in a community forest demonstration area of National
Forest System land located in a particular county in a State,
the county must enter into an agreement with the Governor of
the State that requires that, in utilizing revenues received by
the county under section 7(b), the county shall continue to
meet any obligations under applicable State law as provided
under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as
provided in the sixth paragraph under the heading ``FOREST
SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500), and
section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
(d) Treatment Under Certain Other Laws.--National Forest System
land included in a community forest demonstration area shall not be
considered Federal land for purposes of--
(1) making payments to counties under the sixth paragraph
under the heading ``FOREST SERVICE'' in the Act of May 23, 1908
(16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (16
U.S.C. 500); or
(2) title I.
(e) Acreage Limitation.--Not more than a total of 4,000,000 acres
of National Forest System land may be established as community forest
demonstration areas.
(f) Recognition of Valid and Existing Rights.--Nothing in this Act
shall be construed to limit or restrict--
(1) access to National Forest System land included in a
community forest demonstration area for hunting, fishing, and
other related purposes; or
(2) valid and existing rights regarding such National
Forest System land, including rights of any federally
recognized Indian tribe.
SEC. 4. ADVISORY COMMITTEE.
(a) Appointment.--A community forest demonstration area for a State
shall be managed by an Advisory Committee appointed by the Governor of
the State.
(b) Composition.--The Advisory Committee for a community forest
demonstration area in a State shall include, but is not limited to, the
following members:
(1) One member who holds county or local elected office,
appointed from each county or local governmental unit in the
State containing community forest demonstration area land.
(2) One member who represents the commercial timber, wood
products, or milling industry.
(3) One member who represents persons holding Federal
grazing or other land use permits.
(4) One member who represents recreational users of
National Forest System land.
(c) Terms.--
(1) In general.--Except in the case of certain initial
appointments required by paragraph (2), members of an Advisory
Committee shall serve for a term of three years.
(2) Initial appointments.--In making initial appointments
to an Advisory Committee, the Governor making the appointments
shall stagger terms so that at least one-third of the members
will be replaced every three years.
(d) Compensation.--Members of a Advisory Committee shall serve
without pay, but may be reimbursed from the funds made available for
the management of a community forest demonstration area for the actual
and necessary travel and subsistence expenses incurred by members in
the performance of their duties.
SEC. 5. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Assumption of Management.--
(1) Confirmation.--The Advisory Committee appointed for a
community forest demonstration area shall assume all management
authority with regard to the community forest demonstration
area as soon as the Secretary confirms that--
(A) the National Forest System land to be included
in the community forest demonstration area meets the
requirements of subsections (b) and (c) of section 3;
(B) the Advisory Committee has been duly appointed
under section 4 and is able to conduct business; and
(C) provision has been made for essential
management services for the community forest
demonstration area.
(2) Scope and time for confirmation.--The determination of
the Secretary under paragraph (1) is limited to confirming
whether the conditions specified in subparagraphs (A) and (B)
of such paragraph have been satisfied. The Secretary shall make
the determination not later than 60 days after the date of the
appointment of the Advisory Committee.
(3) Effect of failure to confirm.--If the Secretary
determines that either or both conditions specified in
subparagraphs (A) and (B) of paragraph (1) are not satisfied
for confirmation of an Advisory Committee, the Secretary
shall--
(A) promptly notify the Governor of the affected
State and the Advisory Committee of the reasons
preventing confirmation; and
(B) make a new determination under paragraph (2)
within 60 days after receiving a new request from the
Advisory Committee that addresses the reasons that
previously prevented confirmation.
(b) Management Responsibilities.--Upon assumption of management of
a community forest demonstration area, the Advisory Committee for the
community forest demonstration area shall manage the land and resources
of the community forest demonstration area and the occupancy and use
thereof in conformity with this Act, and to the extent not in conflict
with this Act, the laws and regulations applicable to management of
State or privately owned forest lands in the State in which the
community forest demonstration area is located.
(c) Applicability of Other Federal Laws.--
(1) In general.--The administration and management of a
community forest demonstration area, including implementing
actions, shall not be considered Federal action and shall be
subject to the following only to the extent that such laws
apply to the State or private administration and management of
forest lands in the State in which the community forest
demonstration area is located:
(A) The Federal Water Pollution Control Act (33
U.S.C. 1251 note).
(B) The Clean Air Act (42 U.S.C. 7401 et seq.).
(C) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(D) Federal laws and regulations governing
procurement by Federal agencies.
(E) Except as provided in paragraph (2), other
Federal laws.
(2) Applicability of native american graves protection and
repatriation act.--Notwithstanding the assumption by an
Advisory Committee of management of a community forest
demonstration area, the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to
apply to the National Forest System land included in the
community forest demonstration area.
(d) Consultation.--
(1) With indian tribes.--The Advisory Committee for a
community forest demonstration area shall cooperate and consult
with Indian tribes on management policies and practices for the
community forest demonstration area that may affect the Indian
tribes. The Advisory Committee shall take into consideration
the use of lands within the community forest demonstration area
for religious and cultural uses by Native Americans.
(2) With collaborative groups.--The Advisory Committee for
a community forest demonstration area shall consult with any
applicable forest collaborative group.
(e) Recreation.--Nothing in this section shall affect public use
and recreation within a community forest demonstration area.
(f) Fire Management.--The Secretary shall provide fire
presuppression, suppression, and rehabilitation services on and with
respect to a community forest demonstration area to the same extent
generally authorized in other units of the National Forest System.
(g) Prohibition on Export.--As a condition on the sale of timber or
other forest products from a community forest demonstration area,
unprocessed timber harvested from a community forest demonstration area
may not be exported in accordance with subpart F of part 223 of title
36, Code of Federal Regulations.
SEC. 6. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION AREA.
(a) Retention of Funds for Management.--The Advisory Committee
appointed for a community forest demonstration area may retain such
sums as the Advisory Committee considers to be necessary from amounts
generated from that community forest demonstration area to fund the
management, administration, restoration, operation and maintenance,
improvement, repair, and related expenses incurred with respect to the
community forest demonstration area.
(b) Funds to Counties or Local Governmental Units.--Subject to
subsection (a) and section 8, the Advisory Committee for a community
forest demonstration area in a State shall distribute funds generated
from that community forest demonstration area to each county or local
governmental unit in the State in an amount proportional to the funds
received by the county or local governmental unit under title I of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111 et seq.).
SEC. 7. INITIAL FUNDING AUTHORITY.
(a) Funding Source.--Counties may use such sum as the counties
consider to be necessary from the amounts made available to the
counties under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) to provide initial
funding for the management of community forest demonstration areas.
(b) No Restriction on Use of Non-Federal Funds.--Nothing in this
Act restricts the Advisory Committee of a community forest
demonstration area from seeking non-Federal loans or other non-Federal
funds for management of the community forest demonstration area.
SEC. 8. PAYMENTS TO UNITED STATES TREASURY.
(a) Payment Requirement.--As soon as practicable after the end of
the fiscal year in which a community forest demonstration area is
established and as soon as practicable after the end of each subsequent
fiscal year, the Advisory Committee for a community forest
demonstration area shall make a payment to the United States Treasury.
(b) Payment Amount.--The payment for a fiscal year under subsection
(a) with respect to a community forest demonstration area shall be
equal to 75 percent of the quotient obtained by dividing--
(1) the number obtained by multiplying the number of acres
of land in the community forest demonstration area by the
average annual receipts generated over the preceding 10-fiscal
year period from the unit or units of the National Forest
System containing that community forest demonstration area; by
(2) the total acres of National Forest System land in that
unit or units of the National Forest System.
SEC. 9. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.
(a) Termination Authority.--Subject to approval by the Governor of
the State, the Advisory Committee for a community forest demonstration
area may terminate the community forest demonstration area by a
unanimous vote.
(b) Effect of Termination.--Upon termination of a community forest
demonstration area, the Secretary shall immediately resume management
of the National Forest System land that had been included in the
community forest demonstration area, and the Advisory Committee shall
be dissolved.
(c) Treatment of Undistributed Funds.--Any revenues from the
terminated area that remain undistributed under section 6 more than 30
days after the date of termination shall be deposited in the general
fund of the Treasury for use by the Forest Service in such amounts as
may be provided in advance in appropriation Acts. | Self-Sufficient Community Lands Act Directs the Department of Agriculture to establish the community forest demonstration area in a state, consisting of National Forest System (NFS) land, at the request of an Advisory Committee appointed by the governor to manage such land in that state. Conditions establishment of an area upon: (1) inclusion of at least 200,000 acres of NFS land; (2) a state forest practices law applicable to state or privately owned forest land, or established state silvicultural best forest management practices related to clean water, soil quality, wildlife, or forest health; and (3) an agreement between the governor and the county in which the land is located that requires the county, in using area revenues, to continue to meet specified obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000. Excludes from a community forest demonstration area land: (1) that is a component of the National Wilderness Preservation System, (2) on which the removal of vegetation is specifically prohibited by federal statute, (3) that is a National Monument, or (4) over which administrative jurisdiction was first assumed by the Forest Service under Title III of such Act. | {"src": "billsum_train", "title": "Self-Sufficient Community Lands Act"} | 3,163 | 246 | 0.665608 | 1.764517 | 0.887693 | 4.085106 | 12.042553 | 0.944681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Science Advisory Board Reform
Act of 2015''.
SEC. 2. SCIENCE ADVISORY BOARD.
(a) Independent Advice.--Section 8(a) of the Environmental
Research, Development, and Demonstration Authorization Act of 1978 (42
U.S.C. 4365(a)) is amended by inserting ``independently'' after
``Advisory Board which shall''.
(b) Membership.--Section 8(b) of the Environmental Research,
Development, and Demonstration Authorization Act of 1978 (42 U.S.C.
4365(b)) is amended to read as follows:
``(b)(1) The Board shall be composed of at least nine members, one
of whom shall be designated Chairman, and shall meet at such times and
places as may be designated by the Chairman.
``(2) Each member of the Board shall be qualified by education,
training, and experience to evaluate scientific and technical
information on matters referred to the Board under this section. The
Administrator shall ensure that--
``(A) the scientific and technical points of view
represented on and the functions to be performed by the Board
are fairly balanced among the members of the Board;
``(B) at least ten percent of the membership of the Board
are from State, local, or tribal governments;
``(C) persons with substantial and relevant expertise are
not excluded from the Board due to affiliation with or
representation of entities that may have a potential interest
in the Board's advisory activities, so long as that interest is
fully disclosed to the Administrator and the public and
appointment to the Board complies with section 208 of title 18,
United States Code;
``(D) in the case of a Board advisory activity on a
particular matter involving a specific party, no Board member
having an interest in the specific party shall participate in
that activity;
``(E) Board members may not participate in advisory
activities that directly or indirectly involve review or
evaluation of their own work, unless fully disclosed to the
public and the work has been externally peer-reviewed;
``(F) Board members shall be designated as special
Government employees; and
``(G) no federally registered lobbyist is appointed to the
Board.
``(3) The Administrator shall--
``(A) solicit public nominations for the Board by
publishing a notification in the Federal Register;
``(B) solicit nominations from relevant Federal agencies,
including the Departments of Agriculture, Defense, Energy, the
Interior, and Health and Human Services;
``(C) make public the list of nominees, including the
identity of the entities that nominated each, and shall accept
public comment on the nominees;
``(D) require that, upon their provisional nomination,
nominees shall file a written report disclosing financial
relationships and interests, including Environmental Protection
Agency grants, contracts, cooperative agreements, or other
financial assistance, that are relevant to the Board's advisory
activities for the three-year period prior to the date of their
nomination, and relevant professional activities and public
statements for the five-year period prior to the date of their
nomination; and
``(E) make such reports public, with the exception of
specific dollar amounts, for each member of the Board upon such
member's selection.
``(4) Disclosure of relevant professional activities under
paragraph (3)(D) shall include all representational work, expert
testimony, and contract work as well as identifying the party for which
the work was done.
``(5) Except when specifically prohibited by law, the Agency shall
make all conflict of interest waivers granted to members of the Board,
member committees, or investigative panels publicly available.
``(6) Any recusal agreement made by a member of the Board, a member
committee, or an investigative panel, or any recusal known to the
Agency that occurs during the course of a meeting or other work of the
Board, member committee, or investigative panel shall promptly be made
public by the Administrator.
``(7) The terms of the members of the Board shall be three years
and shall be staggered so that the terms of no more than one-third of
the total membership of the Board shall expire within a single fiscal
year. No member shall serve more than two terms over a ten-year
period.''.
(c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``at the time any proposed'';
(B) by striking ``formal''; and
(C) by inserting ``or draft risk or hazard
assessment,'' after ``to the Board such proposed''; and
(2) in paragraph (2)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``the scientific and technical
basis of the proposed''; and
(B) by adding at the end the following: ``The
Board's advice and comments, including dissenting views
of Board members, and the response of the Administrator
shall be included in the record with respect to any
proposed risk or hazard assessment, criteria document,
standard, limitation, or regulation and published in
the Federal Register.''.
(d) Member Committees and Investigative Panels.--Section 8(e)(1)(A)
of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end
the following: ``These member committees and investigative panels--
``(i) shall be constituted and operate in
accordance with the provisions set forth in
paragraphs (2) and (3) of subsection (b), in
subsection (h), and in subsection (i);
``(ii) do not have authority to make
decisions on behalf of the Board; and
``(iii) may not report directly to the
Environmental Protection Agency.''.
(e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365)
is amended by amending subsection (h) to read as follows:
``(h)(1) To facilitate public participation in the advisory
activities of the Board, the Administrator and the Board shall make
public all reports and relevant scientific information and shall
provide materials to the public at the same time as received by members
of the Board.
``(2) Prior to conducting major advisory activities, the Board
shall hold a public information-gathering session to discuss the state
of the science related to the advisory activity.
``(3) Prior to convening a member committee or investigative panel
under subsection (e) or requesting scientific advice from the Board,
the Administrator shall accept, consider, and address public comments
on questions to be asked of the Board. The Board, member committees,
and investigative panels shall accept, consider, and address public
comments on such questions and shall not accept a question that unduly
narrows the scope of an advisory activity.
``(4) The Administrator and the Board shall encourage public
comments, including oral comments and discussion during the
proceedings, that shall not be limited by an insufficient or arbitrary
time restriction. Public comments shall be provided to the Board when
received. The Board's reports shall include written responses to
significant comments offered by members of the public to the Board.
``(5) Following Board meetings, the public shall be given 15
calendar days to provide additional comments for consideration by the
Board.''.
(f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further
amended by amending subsection (i) to read as follows:
``(i)(1) In carrying out its advisory activities, the Board shall
strive to avoid making policy determinations or recommendations, and,
in the event the Board feels compelled to offer policy advice, shall
explicitly distinguish between scientific determinations and policy
advice.
``(2) The Board shall clearly communicate uncertainties associated
with the scientific advice provided to the Administrator or Congress.
``(3) The Board shall ensure that advice and comments reflect the
views of the members and shall encourage dissenting members to make
their views known to the public, the Administrator, and Congress.
``(4) The Board shall conduct periodic reviews to ensure that its
advisory activities are addressing the most important scientific issues
affecting the Environmental Protection Agency.
``(5) The Board shall be fully and timely responsive to
Congress.''.
SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Ethics in Government
Act of 1978 (5 U.S.C. App.). | EPA Science Advisory Board Reform Act of 2015 This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice. Federally registered lobbyists may not be appointed to the Board. The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register. The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. The Board must: (1) strive to avoid making policy determinations or recommendations, (2) communicate uncertainties, (3) encourage dissenting members to make their views known, (4) conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and (5) respond to Congress fully and in a timely manner. This Act may not be construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978. | {"src": "billsum_train", "title": "EPA Science Advisory Board Reform Act of 2015"} | 1,972 | 319 | 0.643658 | 1.814345 | 0.935902 | 3.334483 | 6.455172 | 0.906897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lackawanna Valley American Heritage
Area Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County,
Wayne County, and Susquehanna County, related directly to
anthracite and anthracite-related industries, is nationally
significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail
transportation;
(3) the industrial and cultural heritage of the anthracite
and anthracite-related industries in the region described in
paragraph (1) includes the social history and living cultural
traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including--
(A) the formation of many major unions such as the
United Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite
strikes;
(5)(A) the Secretary of the Interior is responsible for
protecting the historical and cultural resources of the United
States; and
(B) there are significant examples of those resources
within the region described in paragraph (1) that merit the
involvement of the Federal Government to develop, in
cooperation with the Lackawanna Heritage Valley Authority, the
Commonwealth of Pennsylvania, and local and governmental
entities, programs and projects to conserve, protect, and
interpret this heritage adequately for future generations,
while providing opportunities for education and revitalization;
and
(6) the Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region described in paragraph (1).
(b) Purposes.--The purposes of the Lackawanna Valley American
Heritage Area and this Act are--
(1) to foster a close working relationship among all levels
of government, the private sector, and the local communities in
the anthracite coal region of northeastern Pennsylvania and
enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region
described in subsection (a)(1).
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Lackawanna Valley American Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area specified in
section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 6(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
and
(B) an organization, private industry, or
individual involved in promoting the conservation and
preservation of the cultural and natural resources of
the Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.
(a) Establishment.--There is established the Lackawanna Valley
American Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of Lackawanna County, Luzerne County, Wayne County, and
Susquehanna County, Pennsylvania, determined in accordance with the
compact under section 5.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.
SEC. 5. COMPACT.
(a) In General.--To carry out this Act, the Secretary shall enter
into a compact with the management entity.
(b) Contents of Compact.--The compact shall include information
relating to the objectives and management of the area, including--
(1) a delineation of the boundaries of the Heritage Area;
and
(2) a discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of Management Entity.--The management entity may,
for the purposes of preparing and implementing the management plan, use
funds made available under this Act--
(1) to make loans and grants to, and enter into cooperative
agreements with, any State or political subdivision of a State,
private organization, or person; and
(2) to hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that presents
comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(2) Consideration of other plans and actions.--The
management plan shall--
(A) take into consideration State, county, and
local plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of
government and private organizations to protect the
resources of the Heritage Area.
(3) Specification of funding sources.--The management plan
shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) Other required elements.--The management plan shall
include the following:
(A) An inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the purposes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
historical, cultural, natural, recreational, or scenic
significance.
(B) A recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, natural, and recreational resources of the
Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic
viability.
(C) A program for implementation of the management
plan by the management entity, including--
(i) plans for restoration and construction;
and
(ii) specific commitments of the partners
for the first 5 years of operation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(5) Submission to secretary for approval.--
(A) In general.--Not later than the last day of the
3-year period beginning on the date of enactment of
this Act, the management entity shall submit the
management plan to the Secretary for approval.
(B) Effect of failure to submit.--If a management
plan is not submitted to the Secretary by the day
referred to in subparagraph (A), the Secretary shall
not, after that day, provide any grant or other
assistance under this Act with respect to the Heritage
Area until a management plan for the Heritage Area is
submitted to the Secretary.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units of
government and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(3) encourage economic viability in the Heritage Area
consistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are placed throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for the
Secretary's approval; and
(9) for each year in which Federal funds have been received
under this Act--
(A) submit a report to the Secretary that
specifies--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which any loan or
grant was made during the year;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(d) Use of Federal Funds.--
(1) Funds made available under this act.--The management
entity shall not use Federal funds received under this Act to
acquire real property or any interest in real property.
(2) Funds from other sources.--Nothing in this Act
precludes the management entity from using Federal funds
obtained through law other than this Act for any purpose for
which the funds are authorized to be used.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Provision of assistance.--The Secretary may, at
the request of the management entity, provide technical
and financial assistance to the management entity to
develop and implement the management plan.
(B) Priority in assistance.--In assisting the
management entity, the Secretary shall give priority to
actions that assist in--
(i) conserving the significant historical,
cultural, and natural resources that support
the purposes of the Heritage Area; and
(ii) providing educational, interpretive,
and recreational opportunities consistent with
the resources and associated values of the
Heritage Area.
(2) Expenditures for non-federally owned property.--
(A) In general.--To further the purposes of this
Act, the Secretary may expend Federal funds directly on
non-federally owned property, especially for assistance
to units of government relating to appropriate
treatment of districts, sites, buildings, structures,
and objects listed or eligible for listing on the
National Register of Historic Places.
(B) Studies.--The Historic American Buildings
Survey/Historic American Engineering Record shall
conduct such studies as are necessary to document the
industrial, engineering, building, and architectural
history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of the Commonwealth of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later
than 90 days after receipt of the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan, the Secretary shall advise the
management entity in writing of the reasons for the
disapproval and shall make recommendations for
revisions to the management plan.
(B) Deadline for approval of revision.--The
Secretary shall approve or disapprove a proposed
revision within 90 days after the date on which the
revision is submitted to the Secretary.
(c) Approval of Amendments.--
(1) Review.--The Secretary shall review substantial
amendments (as determined under section 6(c)(8)) to the
management plan for the Heritage Area.
(2) Requirement of approval.--Funds made available under
this Act shall not be expended to implement the amendments
described in paragraph (1) until the Secretary approves the
amendments.
SEC. 8. SUNSET PROVISION.
The Secretary shall not provide any grant or other assistance under
this Act after September 30, 2012.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this Act for any fiscal year.
(b) 50 Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this Act shall not
exceed 50 percent. | Lackawanna Valley American Heritage Area Act of 1998 - Establishes the Lackawanna Valley American Heritage Area in Pennsylvania.
Requires the Lackawanna Heritage Valley Authority (the management entity for the Area) to develop and submit to the Secretary for approval a management plan that presents comprehensive recommendations for the conservation, funding, management, and development of the Area.
Prohibits the use of Federal funds received under this Act to acquire real property or interest therein.
Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan.
Terminates any grant or other assistance under this Act after September 30, 2012.
Authorizes appropriations. Limits the Federal share of the cost of activities carried out using any assistance or grant under this Act to 50 percent. | {"src": "billsum_train", "title": "Lackawanna Valley American Heritage Area Act of 1998"} | 2,730 | 179 | 0.518684 | 1.479076 | 0.766367 | 4.829114 | 16.5 | 0.943038 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRA Equity Act of 2005''.
SEC. 2. COMPUTATION OF LIMITS ON IRA AND ROTH IRA CONTRIBUTIONS.
(a) Certain Wage Replacement Income Treated as Compensation.--
(1) Wage replacement income.--Section 219(f) of the
Internal Revenue Code of 1986 (relating to other definitions
and special rules) is amended by adding at the end the
following new paragraph:
``(8) Treatment of certain wage replacement income as
compensation.--
``(A) In general.--Notwithstanding paragraph (1),
applicable wage replacement income not otherwise
treated as compensation shall be treated as
compensation for purposes of this section.
``(B) Applicable wage replacement income.--For
purposes of this paragraph, the term `applicable wage
replacement income' means any amount received by an
individual--
``(i) as the result of the individual
having become disabled,
``(ii) as unemployment compensation (as
defined in section 85(b)),
``(iii) under workmen's compensation acts,
or
``(iv) which constitutes wage replacement
income under regulations prescribed by the
Secretary.''
(2) Certain excludable amounts may be taken into account
for purposes of roth iras.--Section 408A(c)(2) of such Code
(relating to contribution limit) is amended by adding at the
end the following new flush sentence:
``In determining the maximum amount under subparagraph (A),
subsections (b)(1)(B) and (c) of section 219 shall be applied
by taking into account compensation described in section
219(f)(8) without regard to whether it is includible in gross
income.''
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2004.
(b) Computation of Maximum IRA Deduction for Roth IRAs Using
Compensation From 2 Preceding Taxable Years.--
(1) In general.--Section 408A(c) of the Internal Revenue
Code of 1986 (relating to treatment of contributions) is
amended by adding at the end the following new paragraph:
``(8) Compensation from preceding 2 years may be taken into
account.--
``(A) In general.--A taxpayer may elect for
purposes of paragraph (2) to take into account any
unused compensation from the 2 taxable years
immediately preceding the taxable year.
``(B) Unused compensation.--For purposes of this
paragraph, the term `unused compensation' means with
respect to an individual for any taxable year the
compensation includible in the individual's gross
income for the taxable year reduced by the sum of--
``(i) the amount allowed as a deduction
under 219(a) to such individual for such
taxable year,
``(ii) the amount of any designated
nondeductible contribution (as defined in
section 408(o)) on behalf of such individual
for such taxable year,
``(iii) the amount of any contribution on
behalf of such individual to a Roth IRA under
this section for such taxable year, and
``(iv) the amount of compensation
includible in such individual's gross income
for such taxable year taken into account under
section 219(c) in determining the limitation
under section 219 or paragraph (2) for the
individual's spouse.
``(C) Application to special rule for married
individuals.--Under rules prescribed by the Secretary,
in applying section 219(c) for any taxable year for
purposes of applying paragraph (2)(A), unused
compensation of an individual or an individual's spouse
for the 2 taxable years immediately preceding the
taxable year may be taken into account.''
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 2004,
but unused compensation for taxable years beginning before
January 1, 2005, may be taken into account for taxable years
beginning after December 31, 2004. | IRA Equity Act of 2005 - Amends the Internal Revenue Code to allow taxpayers to: (1) include wage replacement income in computing the allowable tax deduction for contributions to retirement savings accounts; and (2) elect to include certain unused income from prior taxable years in computing such tax deduction. Defines "wage replacement income" as amounts received by disabled individuals, unemployment compensation, workers' compensation, or other income deemed wage replacement income under Treasury regulations. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue code of 1986 to modify the definition of compensation for purposes of determining the limits on contributions to individual retirement accounts and annuities, and for other purposes."} | 893 | 96 | 0.581576 | 1.409093 | 0.641185 | 1.448276 | 9.114943 | 0.735632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian Institution
Sesquicentennial Commemorative Coin Act''.
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) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 800,000 $1 coins, 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.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
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 scientific, educational, and
cultural significance and importance of the Smithsonian
Institution and shall include the following words from the
original bequest of James Smithson: ``for the increase and
diffusion of knowledge''.
(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 ``1996''; 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
Smithsonian Institution and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on August 10, 1996, and
ending on August 9, 1997.
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 $5 coin; and
(2) $10 per coin for the $1 coin.
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.--Except as provided in subsection (b), all
surcharges received by the Secretary from the sale of coins issued
under this Act shall be promptly paid by the Secretary to the
Smithsonian Institution for the purpose of supporting programming
related to the 150th anniversary and general activities of the
Smithsonian Institution.
(b) National Numismatic Collection.--Not less than 15 percent of
the total amount paid to the Smithsonian Institution under subsection
(a) shall be dedicated to supporting the operation and activities of
the National Numismatic Collection at the National Museum of American
History.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Smithsonian Institution as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--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.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution.
Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution to support programming related to the 150th anniversary and general activities of the Smithsonian Institution; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History. | {"src": "billsum_train", "title": "Smithsonian Institution Sesquicentennial Commemorative Coin Act"} | 1,428 | 144 | 0.518197 | 1.290051 | 0.663122 | 4.301724 | 10.784483 | 0.87069 |
SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--The Congress makes the following findings:
(1) The People's Liberation Army is the principal
instrument of repression within the People's Republic of China,
responsible for occupying Tibet since 1950, massacring hundreds
of students and demonstrators for democracy in Tiananmen Square
on June 4, 1989, and running the Laogai (``reform through
labor'') slave labor camps.
(2) The People's Liberation Army is engaged in a massive
military buildup, which has involved a doubling since 1992 of
announced official figures for military spending by the
People's Republic of China.
(3) The People's Liberation Army is engaging in a major
ballistic missile modernization program which could undermine
peace and stability in East Asia, including 2 new
intercontinental missile programs, 1 submarine-launched missile
program, a new class of compact but long-range cruise missiles,
and an upgrading of medium- and short-range ballistic missiles.
(4) The People's Liberation Army is working to coproduce
the SU-27 fighter with Russia, and is in the process of
purchasing several substantial weapons systems from Russia,
including the 633 model of the Kilo-class submarine and the SS-
N-22 Sunburn missile system specifically designed to
incapacitate United States aircraft carriers and Aegis
cruisers.
(5) The People's Liberation Army has carried out acts of
aggression in the South China Sea, including the February 1995
seizure of the Mischief Reef in the Spratley Islands, which is
claimed by the Philippines.
(6) In July 1995 and in March 1996, the People's Liberation
Army conducted missile tests to intimidate Taiwan when Taiwan
held historic free elections, and those tests effectively
blockaded Taiwan's 2 principal ports of Keelung and Kaohsiung.
(7) The People's Liberation Army has contributed to the
proliferation of technologies relevant to the refinement of
weapons-grade nuclear material, including transferring ring
magnets to Pakistan.
(8) The People's Liberation Army and associated defense
companies have provided ballistic missile components, cruise
missiles, and chemical weapons ingredients to Iran, a country
that the executive branch has repeatedly reported to Congress
is the greatest sponsor of terrorism in the world.
(9) In May 1996, United States authorities caught the
People's Liberation Army enterprise Poly Technologies and the
civilian defense industrial company Norinco attempting to
smuggle 2,000 AK-47s into Oakland, California, and offering to
sell urban gangs shoulder-held missile launchers capable of
``taking out a 747'' (which the affidavit of the United States
Customs Service of May 21, 1996, indicated that the
representative of Poly Technologies and Norinco claimed), and
Communist Chinese authorities punished only 4 low-level arms
merchants by sentencing them on May 17, 1997, to brief prison
terms.
(10) The People's Liberation Army contributes to the
People's Republic of China's failure to meet the standards of
the 1995 Memorandum of Understanding with the United States on
intellectual property rights by running factories which pirate
videos, compact discs, and computer software that are products
of the United States.
(11) The People's Liberation Army contributes to the
People's Republic of China's failing to meet the standards of
the February 1997 Memorandum of Understanding with the United
States on textiles by operating enterprises engaged in the
transshipment of textile products to the United States through
third countries.
(12) The estimated $2 billion to $3 billion in annual
earnings of People's Liberation Army enterprises subsidize the
expansion and activities of the People's Liberation Army
described in this subsection.
(13) The commercial activities of the People's Liberation
Army are frequently conducted on noncommercial terms, or for
noncommercial purposes such as military or foreign policy
considerations.
(b) Policy.--It is the policy of the United States that commercial
activities of the People's Liberation Army of China or any Communist
Chinese military company are not extended normal tariff treatment by
the United States or treated as normal commercial intercourse with the
United States.
SEC. 2. PROHIBITION ON MFN TREATMENT FOR IMPORTS FROM THE PEOPLE'S
LIBERATION ARMY.
(a) Determination of Communist Chinese Military Companies.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Secretary of
the Treasury, the Attorney General, the Director of Central
Intelligence, and the Director of the Federal Bureau of
Investigation, shall compile a list of persons who are
Communist Chinese military companies and who are operating
directly or indirectly in the United States or any of its
territories and possessions, and shall publish the list of such
persons in the Federal Register. On an ongoing basis, the
Secretary of Defense, in consultation with the Secretary of the
Treasury, the Attorney General, the Director of Central
Intelligence, and the Director of the Federal Bureau of
Investigation, shall make additions or deletions to the list
based on the latest information available.
(2) Communist chinese military company.--For purposes of
making the determination required by paragraph (1), the term
``Communist Chinese military company''--
(A) means a person that is--
(i) engaged in providing commercial
services, manufacturing, producing, or
exporting, and
(ii) owned or controlled by the People's
Liberation Army, and
(B) includes, but is not limited to, any person
identified in the United States Defense Intelligence
Agency publication numbered VP-1920-271-90, dated
September 1990, or PC-1921-57-95, dated October 1995,
and any update of such reports for the purposes of this
Act.
(b) Tariffs.--Notwithstanding any other provision of law,
nondiscriminatory treatment (most-favored-nation treatment) shall not
apply to goods that are produced, manufactured, or exported by the
People's Liberation Army or a Communist Chinese military company.
(c) Treasury Authority.--
(1) Authority.--The Secretary of the Treasury may exercise
the authorities set forth in section 203(a) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(a))
with respect to any commercial activity in the United States by
a Communist Chinese military company, without regard to section
202 of that Act.
(2) Penalties.--The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C.
1705) shall apply to violations of any license, order, or
regulation issued under paragraph (1).
(d) Effective Date.--Subsection (a) shall apply with respect to
goods entered, or withdrawn from warehouse for consumption, on or after
the 105th day after the date of the enactment of this Act.
SEC. 3. DEFINITION.
For purposes of this Act, the term ``People's Liberation Army''
means the land, naval, and air military services, the police, and the
intelligence services of the Communist Government of the People's
Republic of China, and any member of any such service or of such
police. | Directs the Secretary of Defense to compile and publish in the Federal Register a list of Communist Chinese military companies that are operating directly or indirectly in the United States or its territories and possessions.
Prohibits the extension of nondiscriminatory treatment (most-favored-nation treatment) to goods that are produced, manufactured, or exported by the People's Liberation Army or a Communist Chinese military company. | {"src": "billsum_train", "title": "To ensure that commercial activities of the People's Liberation Army of China or any Communist Chinese military company are not extended normal tariff treatment by the United States or treated as normal commercial intercourse with the United States."} | 1,586 | 89 | 0.379452 | 1.085978 | 0.309329 | 6.878378 | 19.527027 | 0.959459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Letter of Estimated Annual Debt for
Students Act of 2016'' or the ``LEADS Act of 2016''.
SEC. 2. ANNUAL ESTIMATE OF STUDENT LOAN BORROWING COSTS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Annual Estimate of Student Loan Borrowing Costs.--
``(1) In general.--Beginning on July 1, 2018, each eligible
institution shall provide a cost estimate described in
paragraph (2) to each enrolled student who receives an
education loan to attend the institution, not later than 30
days before the first day of each academic year beginning after
the academic year for which the student first received such a
loan to attend such institution.
``(2) Contents of estimate.--The estimate under paragraph
(1) shall contain the following information:
``(A) Cumulative balances and monthly payments.--A
notice to the student of--
``(i) the cumulative balance of education
loans owed by the student as of the date of the
notice;
``(ii) the amount of any new education
loans expected to be disbursed during such
academic year;
``(iii) the projected cumulative balance of
education loans that will be owed by the
student after the completion of the student's
course of study at the institution; and
``(iv) projected monthly payment amounts
based on the cumulative balances described in
clauses (i), (ii), and (iii), respectively,
assuming a standard repayment schedule.
``(B) Interest rates.--The interest rate of each
education loan, except that interest rates for a
private education loan may be based on average private
education loan interest rates if the institution cannot
reasonably determine the actual interest rate of such
loan.
``(C) Disclaimer.--A clear and conspicuous notice
stating that any information provided under paragraph
(1) is an estimate, accurate to the best of the
institution's knowledge, and that an interest rate
provided under subparagraph (B)--
``(i) in the case of a loan described in
paragraph (6)(A)(i), is the applicable rate of
interest of such loan;
``(ii) in the case of a private education
loan, may be based on average private education
loan interest rates; and
``(iii) does not include private education
loans of which the institution is not aware.
``(3) Form of estimate.--The estimate under paragraph (1)
shall be--
``(A) provided to the student in hard copy format
on the letterhead of the institution, by electronic
mail or by another method the Secretary may prescribe;
and
``(B) delivered to the student separately from any
other disclosures required under this Act.
``(4) Limitation of liability.--An institution that
provides the estimate under paragraph (1) in good faith shall
not be liable to any person for inaccuracies contained in such
estimate.
``(5) Student debt letter template.--Not later than July 1,
2017, and as necessary thereafter, the Secretary shall provide
the following to eligible institutions:
``(A) Examples of estimates required under
paragraph (2).
``(B) Technical assistance on how to comply with
the requirements of this subsection.
``(C) Preliminary approvals in a timely manner of
estimate formats proposed for use by an institution, at
the request of the institution.
``(D) The formula (which shall take into
consideration a student's past borrowing rates and
other criteria the Secretary may determine) to be used
in making the projections under clauses (iii) and (iv)
of paragraph (2)(A) with respect to loans described in
paragraph (6)(A)(i).
``(E) Encryption technology software to enable
institutions to provide the estimate under paragraph
(2) to students in a secure format for institutions
that choose to provide the estimate to students in an
electronic format.
``(6) Definitions.--In this subsection:
``(A) Education loan.--The term `education loan'
means--
``(i) a loan made under part D (other than
a Federal Direct Consolidation Loan or a
Federal Direct PLUS loan made on behalf of a
student);
``(ii) a loan made under a State-sponsored
loan program for the purpose of paying a
student's cost of attendance at an institution
of higher education; and
``(iii) a private education loan with
respect to which the institution should
reasonably be aware.
``(B) Private education loan.--The term `private
education loan' has the meaning given the term in
section 140 of the Truth in Lending Act.
``(C) Student.--The term `student', when used with
respect to an eligible institution, does not include
any student who has transferred to the institution more
than 60 days before the first day of the academic year
involved.''.
SEC. 3. ANNUAL PROVISION OF INFORMATION BY THE SECRETARY OF EDUCATION.
Not later than April 1, 2018, and annually thereafter, the
Secretary of Education shall provide to institutions of higher
education (as defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)) the following information:
(1) The amount of any loans made under part D of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
(other than a Federal Direct Consolidation Loan or a Federal
Direct PLUS loan made on behalf of a student) expected to be
disbursed to any borrower for the next academic year.
(2) The projected cumulative balance of such loans, as
determined in accordance with section 485(n)(5)(D) of such Act
(20 U.S.C. 1092(n)(5)(D)), as added by this Act, that will be
owed by any borrower after the completion of the borrower's
course of study at an institution of higher education.
(3) The projected monthly payment amounts of such loans, as
determined in accordance with section 485(n)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1092(n)(5)), assuming a
standard repayment schedule (as described in section
455(d)(1)(A) of such Act (20 U.S.C. 1087e(d)(1)(A))). | Letter of Estimated Annual Debt for Students Act of 2016 or the LEADS Act of 2016 This bill amends the Higher Education Act of 1965 by requiring institutions of higher education to provide to each student with education loans for attending the institution an estimate of student loan borrowing costs, including: (1) the cumulative balance of education loans owed by the student, (2) the amount of new education loans expected to be disbursed during the year, (3) the projected cumulative balance of education loans that will be owed by the student after the student graduates, and (4) projected monthly payments to repay the loans. The estimates must be given to students before each academic year succeeding the one for which a loan was first received. | {"src": "billsum_train", "title": "LEADS Act of 2016"} | 1,436 | 147 | 0.676179 | 1.796921 | 0.687843 | 3.1 | 9.421429 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contract With Investors''.
SEC. 2. REPEAL OF SUNSET.
Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (Public Law 107-16) is repealed.
SEC. 3. ACCELERATION OF INDIVIDUAL INCOME TAX RATE REDUCTIONS.
(a) In General.--The table contained in section 1(i)(2) of the
Internal Revenue Code of 1986 (relating to reductions in rates after
June 30, 2001) is amended--
(1) by striking ``and 2003'',
(2) by striking ``2004 and 2005'' and inserting ``2003'',
and
(3) by striking ``2006'' and inserting ``2004''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 4. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES
ACCELERATED TO 2005.
(a) Estate Tax Repeal.--Section 2210 of the Internal Revenue Code
of 1986 (relating to termination) is amended--
(1) by striking ``December 31, 2009'' and inserting
``December 31, 2004'' both places it appears,
(2) by striking ``January 1, 2010'' in subsection (b) and
inserting ``January 1, 2005'', and
(3) by striking ``December 31, 2020'' in subsection (b)(1)
and inserting ``December 31, 2014''.
(b) Generation-Skipping Transfer Tax Repeal.--Section 2664 of such
Code (relating to termination) is amended by striking ``December 31,
2009'' and inserting ``December 31, 2004''.
(c) Conforming Amendments.--
(1) The table contained in section 2010(c) of such Code is
amended--
(A) by striking ``and 2005'',
(B) by inserting a period after ``$1,500,000'', and
(C) by striking the last 2 items.
(2) Section 1014(f) of such Code is amended by striking
``December 31, 2009'' and inserting ``December 31, 2004''.
(3) Section 1022 of such Code is amended--
(A) by striking ``December 31, 2009'' in the
heading and in subsection (a)(1) and inserting
``December 31, 2004'', and
(B) in subsection (d)(4)(A)--
(i) by striking ``2010'' and inserting
``2005'',
(ii) by striking ``2009'' in clause (ii)
and inserting ``2004''.
(4) The table contained in section 2001(c)(2)(B) of such
Code is amended--
(A) by inserting a period after ``48 percent'', and
(B) by striking the last 3 items.
(5) Section 2001(c)(2)(A) of such Code is amended by
striking ``2010'' and inserting ``2005''.
(6) The item in the table of sections for part II of
subchapter O of chapter 1 of such Code relating to section 1022
is amended by striking ``December 31, 2009'' and inserting
``December 31, 2004''.
(7) Section 501(d) of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (Public Law 107-16) is amended by
striking ``December 31, 2009'' and inserting ``December 31,
2004''.
(8) Paragraph (3) of section 511(f) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 (Public Law 107-16)
is amended by striking ``December 31, 2009'' and inserting
``December 31, 2004''.
(9) Paragraph (2) of section 521(e) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 (Public Law 107-16)
is amended by striking ``December 31, 2009'' and inserting
``December 31, 2004''.
(10) Subsection (f) of section 542 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 (Public Law 107-16)
is amended by striking ``December 31, 2009'' each place it
appears and inserting ``December 31, 2004''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. REDUCTION OF MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed on taxable income reduced by
the net capital gain, at the rates and in the same
manner as if this subsection had not been enacted, plus
``(B) 10 percent of the taxpayer's net capital gain
(or, if less, taxable income).
``(2) Net capital gain taken into account as investment
income.--For purposes of this subsection, the net capital gain
for any taxable year shall be reduced (but not below zero) by
the amount which the taxpayer elects to take into account as
investment income for the taxable year under section
163(d)(4)(B)(iii).''.
(b) Minimum Tax.--
(1) In general.--Subparagraph (A) of section 55(b)(1) of
the Internal Revenue Code of 1986 (relating to amount of
tentative tax) is amended by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and by inserting
after clause (i) the following new clause:
``(ii) Maximum rate of tax on net capital
gain.--The amount determined under the first
sentence of clause (i) shall not exceed the sum
of--
``(I) the amount determined under
such first sentence computed at the
rates and in the same manner as if this
clause had not been enacted on the
taxable excess reduced by the net
capital gain, plus
``(II) a tax of 10 percent of the
lesser of the net capital gain or the
taxable excess.''.
(2) Conforming amendment.--Section 55(b) of such Code is
amended by striking paragraph (3).
(c) Conforming Amendments.--
(1) Section 57(a)(7) of the Internal Revenue Code of 1986
is amended by striking the last sentence.
(2) Paragraph (1) of section 1445(e) of such Code is
amended by striking ``20 percent'' and inserting ``10
percent''.
(3)(A) The second sentence of section 7518(g)(6)(A) of such
Code is amended by striking ``20 percent'' and inserting ``10
percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended by striking ``20 percent''
and inserting ``10 percent''.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
(2) Withholding.--The amendment made by subsection (c)(2)
shall apply to amounts paid after December 31, 2002.
SEC. 6. INCREASE IN LIMITATION ON CAPITAL LOSSES APPLICABLE TO
INDIVIDUALS.
(a) In General.--Paragraph (1) of section 1211(b) of the Internal
Revenue Code of 1986 (relating to limitation on capital losses for
taxpayers other than corporations) is amended by striking ``$3,000
($1,500'' and inserting ``$10,000 ($5,000''.
(b) Adjustment for Inflation.--Section 1211 of the Internal Revenue
Code of 1986 (relating to limitation on capital losses) is amended by
adding at the end the following new subsection:
``(c) Adjustment for Inflation.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2003, the $10,000 and $5,000
amounts contained in subsection (b)(1) shall each be increased
by an amount equal to--
``(A)(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
2002' for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
paragraph (1) is not a multiple of $5, such increase
shall be rounded to the next highest multiple of $5.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 7. ACCELERATION OF INCREASE IN CONTRIBUTIONS TO CERTAIN RETIREMENT
PLANS.
(a) IRAs.--
(1) In general.--Subparagraph (A) of section 219(b)(5) of
the Internal Revenue Code of 1986 (defining deductible amount)
is amended to read as follows:
``(A) The deductible amount shall be $5,000.''.
(2) Inflation adjustment.--Section 219(b)(5)(C) of such
Code is amended--
(A) by striking ``2008'' and inserting ``2003'',
and
(B) by striking ``2007'' and inserting ``2002''.
(b) 401(k) Plans.--
(1) In general.--Paragraph (1) of section 402(g) of such
Code is amended--
(A) by striking ``the applicable dollar amount'' in
subparagraph (A) and inserting ``$15,000'',
(B) by striking subparagraph (B),
(C) by redesignating subparagraph (C) as
subparagraph (B), and
(D) by striking ``the applicable dollar amount
under subparagraph (B)'' in subparagraph (B) (as
redesignated by subparagraph (C)) and inserting ``the
dollar amount in subparagraph (A)''.
(2) Inflation adjustment.--Section 402(g)(4) of such Code
is amended--
(A) by striking ``2006'' and inserting ``2003'',
and
(B) by striking ``2005'' and inserting ``2002''.
(3) Conforming amendment.--Section 401(a)(30) of such Code
is amended by striking ``section 402(g)(1)(A)'' and inserting
``section 402(g)(1)''.
(c) 457 Plans.--
(1) In general.--Subparagraph (A) of section 457(b)(2) of
such Code is amended by striking ``the applicable dollar
amount'' and inserting ``$15,000''.
(2) Inflation adjustment.--Section 457(e)(15) of such Code
is amended to read as follows:
``(15) Cost-of-living adjustment.--In the case of taxable
years beginning after December 31, 2003, the Secretary shall
adjust the $15,000 amount under subsection (b)(2)(A) at the
same time and in the same manner as under section 415(d),
except that the base period shall be the calendar quarter
beginning July 1, 2002, and any increase under this paragraph
which is not a multiple of $500 shall be rounded to the next
lowest multiple of $500.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 8. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 75.
(a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of
section 401(a)(9) of the Internal Revenue Code of 1986 (relating to
required distributions) are each amended by striking ``70\1/2\'' each
place it appears and inserting ``75''.
(b) Individual Retirement Plans.--
(1) Paragraph (1) of section 219(d) of such Code is
amended--
(A) by striking ``70\1/2\'' in the text and
inserting ``75'', and
(B) by striking ``70\1/2\'' in the heading and
inserting ``75''.
(2) Subsection (b) of section 408 of such Code is amended
by striking ``70\1/2\'' and inserting ``75''.
(c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is
amended--
(1) by striking ``70\1/2\'' in the text and inserting
``75'', and
(2) by striking ``70\1/2\'' in the heading and inserting
``75''.
(d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such
Code is amended by striking ``70\1/2\'' and inserting ``75''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions after December 31, 2002.
SEC. 9. EXCLUSION OF DIVIDEND INCOME FROM TAX.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
100 percent of the amounts received during the taxable year by an
individual as dividends from domestic, publicly traded, C corporations
(within the meaning of section 1297(f)(3)).
``(b) Certain Dividends Excluded.--Subsection (a) shall not apply
to any dividend from a corporation which, for the taxable year of the
corporation in which the distribution is made, or for the next
preceding taxable year of the corporation, is a corporation exempt from
tax under section 501 (relating to certain charitable, etc.,
organization) or section 521 (relating to farmers' cooperative
associations).
``(c) Special Rules.--For purposes of this section--
``(1) Exclusion not to apply to capital gain dividends from
regulated investment companies and real estate investment
trusts.--For treatment of capital gain dividends, see sections
854(a) and 857(c).
``(2) Certain nonresident aliens ineligible for
exclusion.--In the case of a nonresident alien individual,
subsection (a) shall apply only--
``(A) in determining the tax imposed for the
taxable year pursuant to section 871(b)(1) and only in
respect of dividends which are effectively connected
with the conduct of a trade or business within the
United States, or
``(B) in determining the tax imposed for the
taxable year pursuant to section 877(b).
``(3) Dividends from employee stock ownership plans.--
Subsection (a) shall not apply to any dividend described in
section 404(k).''.
(b) Conforming Amendments.--
(1)(A) Subparagraph (A) of section 135(c)(4) of such Code
is amended by inserting ``116,'' before ``137''.
(B) Subsection (d) of section 135 of such Code is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Coordination with section 116.--This section shall be
applied before section 116.''.
(2) Subsection (c) of section 584 of such Code is amended
by adding at the end thereof the following new flush sentence:
``The proportionate share of each participant in the amount of
dividends received by the common trust fund and to which section 116
applies shall be considered for purposes of such section as having been
received by such participant.''.
(3) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Dividends.--There shall be included the amount of any
dividends excluded from gross income pursuant to section
116.''.
(4) Section 854(a) of such Code is amended by inserting
``section 116 (relating to exclusion of dividends received by
individuals) and'' after ``For purposes of''.
(5) Section 857(c) of such Code is amended to read as
follows:
``(c) Restrictions Applicable to Dividends Received From Real
Estate Investment Trusts.--
``(1) Treatment for section 116.--For purposes of section
116 (relating to exclusion of dividends received by
individuals), a capital gain dividend (as defined in subsection
(b)(3)(C)) received from a real estate investment trust which
meets the requirements of this part shall not be considered as
a dividend.
``(2) Treatment for section 243.--For purposes of section
243 (relating to deductions for dividends received by
corporations), a dividend received from a real estate
investment trust which meets the requirements of this part
shall not be considered as a dividend.''.
(6) 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 115 the following new item:
``Sec. 116. Exclusion of dividends
received by individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 10. SENSE OF THE SENATE REGARDING A CONTRACT WITH INVESTORS.
It is the sense of the Senate that--
(1) Congress should pass legislation to safeguard American
workers' pension and retirement accounts,
(2) Congress should modernize this country's international
tax provisions in order to permit United States companies to
better compete internationally,
(3) Congress should repeal redundant, outdated, and
unscientific regulatory burdens on investors and United States
companies and perform a cost benefit analysis before enacting
new burdens on United States businesses and investors,
(4) Congress should enact meaningful tort reform, and
(5) Congress should enact meaningful tax reform that
simplifies the Federal tax code and reduces the cost recovery
periods that businesses are forced to use to recover the costs
of capital. | Contract With Investors - Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal the sunset provisions of such Act.Amends the Internal Revenue Code to: (1) accelerate individual income tax rate reductions; (2) accelerate the repeal of estate and generation-skipping transfer taxes; (3) reduce maximum capital gains tax rates for individuals; (4) increase capital loss limitations for individuals; (5) accelerate contribution increases for certain retirement plans; (6) increase the age for mandatory retirement and pension plan distributions; and (7) exclude from gross income dividends received by individuals from domestic, publicly traded C corporations, with exceptions.Expresses the sense of the Senate that Congress should: (1) pass legislation to safeguard workers' pension and retirement accounts; (2) modernize international tax provisions to permit U.S. companies to better compete internationally; (3) repeal outdated regulatory burdens on U.S. investors and companies; (4) enact tort reform; and (5) simplify the Federal tax code and reduce the cost recovery periods for businesses. | {"src": "billsum_train", "title": "A bill to repeal the sunset of the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and for other purposes."} | 4,266 | 212 | 0.448079 | 1.162807 | 0.751761 | 2.872549 | 18.068627 | 0.862745 |
SECTION 1. SHORT TITLE, FINDINGS, PURPOSES.
(a) Short Title.--This Act may be cited as the ``Colorado River
Indian Reservation Boundary Correction Act''.
(b) Findings.--Congress finds the following:
(1) The Act of March 3, 1865, created the Colorado River Indian
Reservation (hereinafter ``Reservation'') along the Colorado River
in Arizona and California for the ``Indians of said river and its
tributaries''.
(2) In 1873 and 1874, President Grant issued Executive Orders
to expand the Reservation southward and to secure its southern
boundary at a clearly recognizable geographic location in order to
forestall non-Indian encroachment and conflicts with the Indians of
the Reservation.
(3) In 1875, Mr. Chandler Robbins surveyed the Reservation
(hereinafter ``the Robbins Survey'') and delineated its new
southern boundary, which included approximately 16,000 additional
acres (hereinafter ``the La Paz lands''), as part of the
Reservation.
(4) On May 15, 1876, President Grant issued an Executive Order
that established the Reservation's boundaries as those delineated
by the Robbins Survey.
(5) In 1907, as a result of increasingly frequent trespasses by
miners and cattle and at the request of the Bureau of Indian
Affairs, the General Land Office of the United States provided for
a resurvey of the southern and southeastern areas of the
Reservation.
(6) In 1914, the General Land Office accepted and approved a
resurvey of the Reservation conducted by Mr. Guy Harrington in 1912
(hereinafter the ``Harrington Resurvey'') which confirmed the
boundaries that were delineated by the Robbins Survey and
established by Executive Order in 1876.
(7) On November 19, 1915, the Secretary of the Interior
reversed the decision of the General Land Office to accept the
Harrington Resurvey, and upon his recommendation on November 22,
1915, President Wilson issued Executive Order No. 2273 ``. . . to
correct the error in location said southern boundary line . . .''--
and thus effectively excluded the La Paz lands from the
Reservation.
(8) Historical evidence compiled by the Department of the
Interior supports the conclusion that the reason given by the
Secretary in recommending that the President issue the 1915
Executive Order--``to correct an error in locating the southern
boundary''--was itself in error and that the La Paz lands should
not have been excluded from the Reservation.
(9) The La Paz lands continue to hold cultural and historical
significance, as well as economic development potential, for the
Colorado River Indian tribes, who have consistently sought to have
such lands restored to their Reservation.
(c) Purposes.--The purposes of this Act are:
(1) To correct the south boundary of the Reservation by
reestablishing such boundary as it was delineated by the Robbins
Survey and affirmed by the Harrington Resurvey.
(2) To restore the La Paz lands to the Reservation, subject to
valid existing rights under Federal law and to provide for
continued reasonable public access for recreational purposes.
(3) To provide for the Secretary of the Interior to review and
ensure that the corrected Reservation boundary is resurveyed and
marked in conformance with the public system of surveys extended
over such lands.
SEC. 2. BOUNDARY CORRECTION, RESTORATION, DESCRIPTION.
(a) Boundary.--The boundaries of the Colorado River Indian
Reservation are hereby declared to include those boundaries as were
delineated by the Robbins Survey, affirmed by the Harrington Survey,
and described as follows: The approximately 15,375 acres of Federal
land described as ``Lands Identified for Transfer to Colorado River
Indian Tribes'' on the map prepared by the Bureau of Land Management
entitled ``Colorado River Indian Reservation Boundary Correction Act,
and dated January 4, 2005'', (hereinafter referred to as the ``Map'').
(b) Map.--The Map shall be available for review at the Bureau of
Land Management.
(c) Restoration.--Subject to valid existing rights under Federal
law, all right, title, and interest of the United States to those lands
within the boundaries declared in subsection (a) that were excluded
from the Colorado River Indian Reservation pursuant to Executive Order
No. 2273 (November 22, 1915) are hereby restored to the Reservation and
shall be held in trust by the United States on behalf of the Colorado
River Indian Tribes.
(d) Exclusion.--Excluded from the lands restored to trust status on
behalf of the Colorado River Indian Tribes that are described in
subsection (a) are 2 parcels of Arizona State Lands identified on the
Map as ``State Lands'' and totaling 320 acres and 520 acres.
SEC. 3. RESURVEY AND MARKING.
The Secretary of the Interior shall ensure that the boundary for
the restored lands described in section 2(a) is surveyed and clearly
marked in conformance with the public system of surveys extended over
such lands.
SEC. 4. WATER RIGHTS.
The restored lands described in section 2(a) and shown on the Map
shall have no Federal reserve water rights to surface water or ground
water from any source.
SEC. 5. PUBLIC ACCESS.
Continued access to the restored lands described in section (2)(a)
for hunting and other existing recreational purposes shall remain
available to the public under reasonable rules and regulations
promulgated by the Colorado River Indian Tribes.
SEC. 6. ECONOMIC ACTIVITY.
(a) In General.--The restored lands described in section (2)(a)
shall be subject to all rights-of-way, easements, leases, and mining
claims existing on the date of the enactment of this Act. The United
States reserves the right to continue all Reclamation projects,
including the right to access and remove mineral materials for Colorado
River maintenance on the restored lands described in section (2)(a).
(b) Additional Rights-of-Way.--Notwithstanding any other provision
of law, the Secretary, in consultation with the Tribe, shall grant
additional rights-of-way, expansions, or renewals of existing rights-
of-way for roads, utilities, and other accommodations to adjoining
landowners or existing right-of-way holders, or their successors and
assigns, if--
(1) the proposed right-of-way is necessary to the needs of the
applicant;
(2) the proposed right-of-way acquisition will not cause
significant and substantial harm to the Colorado River Indian
Tribes; and
(3) the proposed right-of-way complies with the procedures in
part 169 of title 25, Code of Federal Regulations consistent with
this subsection and other generally applicable Federal laws
unrelated to the acquisition of interests on trust lands, except
that section 169.3 of those regulations shall not be applicable to
expansions or renewals of existing rights-of-way for roads and
utilities.
(c) Fees.--The fees charged for the renewal of any valid lease,
easement, or right-of-way subject to this section shall not be greater
than the current Federal rate for such a lease, easement, or right-of-
way at the time of renewal if the holder has been in substantial
compliance with all terms of the lease, easement, or right-of-way.
SEC. 7. GAMING.
Land taken into trust under this Act shall neither be considered to
have been taken into trust for gaming nor be used for gaming (as that
term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Colorado River Indian Reservation Boundary Correction Act - Declares that the boundaries of the Colorado River Indian Reservation are the boundaries delineated by the Robbins Survey of 1875 and affirmed by the Harrington Resurvey of 1912 (which include 16,000 acres known as the La Paz lands).
Restores to the Reservation all right, title, and interest of the United States to those lands within such boundaries that were excluded from the Reservation pursuant to Executive Order No. 2273 (November 22, 1915), which shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (Excludes from such restored lands specified Arizona State Lands.)
Declares that land taken into trust under this Act shall neither be considered to have been taken into trust for gaming nor be used for gaming. | {"src": "billsum_train", "title": "To correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes."} | 1,732 | 178 | 0.595782 | 1.770903 | 0.737055 | 6.94 | 10.26 | 0.953333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Business Centers Act of
1997''.
SEC. 2. WOMEN'S BUSINESS TRAINING CENTERS.
(a) In General.--Section 29 of the Small Business Act (15 U.S.C.
656) is amended to read as follows:
``SEC. 29. WOMEN'S BUSINESS TRAINING CENTERS.
``(a) Financial Assistance.--The Administration may provide
financial assistance to private organizations to conduct 5-year
projects for the benefit of small business concerns owned and
controlled by women. The projects shall provide--
``(1) financial assistance, including training and
counseling in how to apply for and secure business credit and
investment capital, preparing and presenting financial
statements, and managing cash flow and other financial
operations of a business concern;
``(2) management assistance, including training and
counseling in how to plan, organize, staff, direct and control
each major activity and function of a small business concern;
and
``(3) marketing assistance, including training and
counseling in identifying and segmenting domestic and
international market opportunities, preparing and executing
marketing plans, developing pricing strategies, locating
contract opportunities, negotiating contracts, and utilizing
varying public relations and advertising techniques.
``(b) Conditions.--
``(1) Non-federal contributions.--As a condition of
receiving financial assistance authorized by this section, the
recipient organization shall agree to obtain, after its
application has been approved and notice of award has been
issued, cash contributions from non-Federal sources as follows:
``(A) in the first, second, and third years, 1 non-
Federal dollar for each 2 Federal dollars;
``(B) in the fourth year, 1 non-Federal dollar for
each Federal dollar; and
``(C) in the fifth year, 2 non-Federal dollars for
each Federal dollar.
``(2) Form of non-federal contributions.--One-half of the
non-Federal matching assistance under this section may be in
the form of inkind contributions which are budget line items
only, including office equipment and office space.
``(3) Form of federal contributions.--The Federal financial
assistance authorized pursuant to this section may be made by
grant, contract, or co-operative agreement and may contain such
provision, as necessary, to provide for payments in lump sum or
installments, and in advance or by way of reimbursement. The
Administration may disburse up to 25 percent of each year's
Federal share awarded to a recipient organization after notice
of the award has been issued and before the non-Federal sector
matching funds are obtained.
``(4) Failure to obtain private Funding.--If any recipient
of assistance fails to obtain the required non-Federal
contribution during any project--
``(A) it shall not be eligible thereafter for
advance disbursements pursuant to paragraph (3) during
the remainder of that project, or for any other project
for which it is or may be funded by the Administration;
and
``(B) prior to approving assistance to such
organization for any other projects, the Administration
shall specifically determine whether the Administration
believes that the recipient will be able to obtain the
requisite non-Federal funding and enter a written
finding setting forth the reasons for making such
determination.
``(c) Submission of 5-Year Plan.-- Each applicant organization for
assistance under this section initially shall submit a 5-year plan to
the Administration on proposed fundraising and training activities, and
a recipient organization may receive financial assistance under this
program for a maximum of 5 years per women's business center site.
``(d) Evaluation of Applicants.--
``(1) In general.--The Administration shall evaluate and
rank applicants in accordance with pre-determined selection
criteria that shall be stated in terms of relative importance.
Such criteria and their relative importance shall be made
publicly available and stated in each solicitation for
applications made by the Administration.
``(2) Criteria.--The selection criteria referred to in
paragraph (1) shall include--
``(A) the experience of the applicant in conducting
programs or on-going efforts designed to impart or
upgrade the business skills of women business owners or
potential owners;
``(B) the present ability of the applicant to
commence a project within a minimum amount of time; and
``(C) the ability of the applicant to provide
training and services to a representative number of
women who are both socially and economically
disadvantaged.
``(e) Establishment of Office.--There is established within the
Administration the Office of Women's Business Ownership, which shall be
responsible for the administration of the Administration's programs for
the development of women's business enterprises, as such term is
defined in section 408 of the Women's Business Ownership Act of 1988.
The Office of Women's Business Ownership shall be administered by an
Assistant Administrator, who shall be appointed by the Administrator.
``(f) Definitions.--For purposes of this section--
``(1) the term `small business concern owned and controlled
by women', either start-up or existing, includes any small
business concern--
``(A) that is not less than 51 percent owned by one
or more women; and
``(B) the management and daily business operations
of which are controlled by one or more women; and
``(2) the term `women's business center site' means one or
more women's business centers established in conjunction with
another women's business center in another location within a
State or region--
``(A) that reaches a distinct population that would
otherwise not be served;
``(B) whose services are targeted to women;
``(C) whose scope, function, and activities are
similar to those of the primary women's business center
in conjunction with which it was established.
``(g) Reports to Congress.--
``(1) In general.--The Administration shall prepare and
transmit a biennial report to the Committee on Small Business
of the House of Representatives and the Committee on Small
Business of the Senate of the effectiveness of all projects
conducted under the authority of this section.
``(2) Contents.--The reports required by paragraph (1)
shall provide information concerning--
``(A) the number of individuals receiving
assistance;
``(B) the number of start-up business concerns
formed;
``(C) the gross receipts of assisted concerns;
``(D) increases or decreases in profits of assisted
concerns; and
``(E) the employment increases or decreases of
assisted concerns.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated $8,000,000 per year to carry out the projects authorized
by this section. Notwithstanding any other provision of law, the
Administration may use such expedited acquisition methods as it deems
appropriate to achieve the purposes of this section, except that it
shall ensure that all eligible sources are provided a reasonable
opportunity to submit proposals.''.
(b) Applicability.--Any organization conducting a 3-year project
under section 29 of the Small Business Act (15 U.S.C. 656) on the day
before the effective date of this Act may extend such project to 5
years and receive financial assistance according to section 29(b) of
the Small Business Act, as amended by this Act, and subject to
procedures established by the Administrator in coordination with the
Office of Women's Business Ownership established by this Act. | Women's Business Centers Act of 1997- Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); (5) establish within the SBA the Office Of Women's Business Ownership to administer SBA's women's business enterprise programs; (6) require the SBA to report biennially to the small business committees on the effectiveness of projects conducted under this Act; and (7) increase the annual authorization of appropriations for such programs. | {"src": "billsum_train", "title": "Women's Business Centers Act of 1997"} | 1,623 | 214 | 0.563577 | 1.620908 | 0.87082 | 2.005 | 7.81 | 0.815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domesticated Salmonid Broodstock and
Seedstock Act of 1996''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``salmonid'' means a specie in the family
salmonidae, including each specie of salmon and trout.
(2) The term ``domesticated'', with respect to salmonids,
means salmonids raised on a farm for profit and held throughout
their life-cycle in captivity.
(3) The term ``broodstock'' means domesticated salmonids
intended to be used for reproductive purposes.
(4) The term ``seedstock'' means gametes (egg and sperm)
and fertilized (eyed) eggs produced from domesticated salmonid
broodstock.
(5) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) United States breeders of domesticated salmonids raise
broodstock and produce seedstock which are essential to the
production of domesticated salmonids in the United States and
throughout the world;
(2) the production and dissemination in interstate commerce
of salmonid broodstock and seedstock provides employment and
income in economically depressed rural areas and contributes to
the expansion of United States exports;
(3) various foreign nations, including the members of the
European Union, have adopted requirements that salmonid
seedstock imported from the United States and other nations be
inspected and certified by a competent authority prior to
export;
(4) existing Federal and State programs for the inspection
and certification of the health status of salmonid broodstock
and seedstock are inadequate and inconsistent;
(5) the efficient and effective inspection and
certification of salmonid breeding facilities, broodstock, and
seedstock is essential to the economic well-being of the
domesticated salmonid broodstock and seedstock industry in the
United States; and
(6) the Secretary of Agriculture currently provides
inspection and certification services to the livestock and live
poultry industries and has the technical expertise and capacity
necessary to administer a program to provide similar services
to the United States domesticated salmonid broodstock and
seedstock industry.
(b) Purpose.--It is the purpose of this Act--
(1) to designate the Secretary of Agriculture as the single
competent authority for the health inspection and certification
of salmonid broodstock and seedstock used to produce
domesticated salmonids;
(2) to promote fair trade and interstate commerce in
salmonid broodstock and seedstock produced in the United
States, which is used to produce domesticated salmonids; and
(3) to reduce the risk of transmission in interstate
commerce of diseases, pathogens and pests in domesticated
salmonid broodstock and seedstock to the extent practicable.
SEC. 4. PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION.
(a) Required Activities.--In cooperation with producers of
domesticated salmonid seedstock, the Secretary of Agriculture shall
establish a comprehensive program with regard to domesticated salmonid
broodstock and seedstock to--
(1) provide diagnostic and certification services in a
manner which is effective and efficient and which fosters the
participation of State and private laboratories;
(2) establish health criteria for domesticated salmonid
broodstock and seedstock; and
(3) monitor, evaluate, and facilitate the elimination of,
unreasonable impediments to the interstate commerce of
broodstock and seedstock that is certified under the program.
(b) Use of Existing Authorities.--To prevent the introduction or
dissemination in interstate commerce and international trade of any
contagious, infectious, or communicable disease associated with
domesticated salmonid broodstock and seedstock and to promote the
exportation of domesticated salmonid broodstock and seedstock, the
Secretary may use the authorities provided in the following provisions
of law (relating to livestock and poultry) to regulate the production,
transportation, and exportation of domesticated salmonid broodstock and
seedstock:
(1) Sections 1, 2, and 3 of the Act of February 2, 1903 (21
U.S.C. 111, 121, 122).
(2) The Act of May 29, 1884 (21 U.S.C. 112, 113, 113a, 114,
114a, 114a-1, 115-120; commonly known as the Animal Industry
Act).
(3) Sections 1 and 2 of the Act of February 28, 1947 (21
U.S.C. 114b, 114c).
(4) The Act of March 3, 1905 (21 U.S.C. 123-127).
(5) Sections 1 through 6 and sections 11, 12, and 13 of
Public Law 87-516 (21 U.S.C. 134-134h).
(6) Sections 1, 2, and 3 of Public Law 91-239 (21 U.S.C.
135-135b).
SEC. 5. ADVISORY COMMITTEE.
(a) Establishment; Membership.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall establish an
advisory committee consisting of--
(1) five members selected from representatives of the
salmonid broodstock and seedstock industry;
(2) three members selected from the Department of
Agriculture; and
(3) one member selected from the officers and employees of
the Department of Agriculture who shall serve as chairman of
the Committee.
(b) Functions.--It shall be the function of the Committee to advise
the Secretary with respect to the development and implementation of the
program for domesticated salmonid broodstock and seedstock industry
authorized by this Act, including diagnostic and certification
services, all rules and related analysis pertaining thereto, and the
facilitation of fair trade and the dissemination of domesticated
salmonid seedstock in interstate commerce.
(c) Meetings.--The Committee shall meet at the call of the
Secretary.
(d) Employment Status; Expenses.--Committee members (other than the
chairman and other Department of Agriculture staff) shall not be
considered to be employees of the United States by reason of their
membership and shall not be entitled to compensation for service on the
Committee. However, the Secretary may pay their travel and subsistence
expenses (or a per diem in lieu thereof) in connection with their
attendance at meetings of the Committee.
SEC. 6. CERTIFICATIONS.
The Secretary of Agriculture shall certify to any person the health
status of any domesticated salmonid seedstock intended for export from
the United States.
SEC. 7. CONSTRUCTION WITH OTHER LAWS.
Notwithstanding this Act, the Secretary of the Interior and the
Secretary of Commerce shall have sole responsibility for the health of
salmonids, and the products thereof, located in any facility
administered by the Department of the Interior or the Department of
Commerce. | Domesticated Salmonid Broodstock and Seedstock Act of 1996 - Directs the Secretary of Agriculture, in cooperation with producers of domesticated salmonid seedstock, to establish a comprehensive program with regard to domesticated salmonid broodstock and seedstock to: (1) provide effective and efficient diagnostic and certification services in a manner that fosters the participation of State and private laboratories; (2) establish health criteria; and (3) monitor, evaluate, and facilitate the elimination of unreasonable impediments to the interstate commerce of such stock that is certified under the program.
Authorizes the Secretary to use specified authorities to regulate the production, transportation, and exportation of such stock in order to prevent the introduction or dissemination in interstate commerce and international trade of any contagious, infectious, or communicable disease associated with it and to promote its exportation.
Directs the Secretary to: (1) establish an advisory committee to advise the Secretary regarding the development and implementation of the program; and (2) certify to any person the health status of any domesticated salmonid seedstock intended for export from the United States.
Grants the Secretary of the Interior and the Secretary of Commerce sole responsibility for the health of salmonids and the products thereof located in any facility administered by the Departments of the Interior or Commerce. | {"src": "billsum_train", "title": "Domesticated Salmonid Broodstock and Seedstock Act of 1996"} | 1,531 | 273 | 0.701319 | 2.187859 | 0.772337 | 5.070539 | 5.452282 | 0.929461 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Care and Counseling Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In a recent report, a startling 85 percent of college
counseling centers revealed an increase in the number of
students they see with psychological problems. Furthermore, the
American College Health Association found that 61 percent of
college students reported feeling hopeless, 45 percent said
they felt so depressed they could barely function, and 9
percent felt suicidal.
(2) There is clear evidence of an increased incidence of
depression among college students. According to a survey
described in the Chronicle of Higher Education (February 1,
2002), depression among freshmen has nearly doubled (from 8.2
percent to 16.3 percent). Without treatment, researchers
recently noted that ``depressed adolescents are at risk for
school failure, social isolation, promiscuity, self medication
with drugs and alcohol, and suicide--now the third leading
cause of death among 10-24 year olds.''
(3) Researchers who conducted the study ``Changes in
Counseling Center Client Problems Across 13 Years'' (1989-2001)
at Kansas State University stated that ``students are
experiencing more stress, more anxiety, more depression than
they were a decade ago.'' (The Chronicle of Higher Education,
February 14, 2003).
(4) According to a 1999 UCLA study, more than 30 percent of
college freshmen reported feeling overwhelmed a great deal of
the time during the beginning of college and may benefit from
psychological services.
(5) According to the 2001 National Household Survey on Drug
Abuse, the highest prevalence of both binge and heavy drinking
was found in young adults ages 18 to 25 (especially on college
campuses). In addition, the results of a Harvard School of
Public Health College Alcohol Study Survey printed in the
Journal of American Health show that 44.4 percent of college
students describe themselves as binge drinkers.
(6) The National Institute of Alcohol Abuse and Alcoholism
in 2002 reported that 1400 college students die each year from
alcohol-related injuries. In addition, it is stated that
college students who drink are more likely to assault, sexually
abuse, and vandalize others. Furthermore, it is reported that
25 percent of college students attribute academic problems to
excessive drinking.
(7) According to the 2001 National Household Survey on Drug
Abuse, 20 percent of full-time undergraduate college students
use illicit drugs.
(8) The 2001 National Household Survey on Drug Abuse also
reported that 18.4 percent of adults aged 18 to 24 are
dependent on or abusing illicit drugs or alcohol. In addition,
the study found that ``serious mental illness is highly
correlated with substance dependence or abuse. Among adults
with serious mental illness in 2001, 20.3 percent were
dependent on or abused alcohol or illicit drugs, while the rate
among adults without serious mental illness was only 6.3
percent.''
(9) In 2001, there were 249,000 victims of rape in the
United States, according to statistics from the Rape, Abuse and
Incest National Network. 36 percent of victims of rape and
sexual assault are between the ages of 18 and 30.
(10) The National Victim's Center in 2001 reported that
13.3 percent of college women say they have been forced to have
sex in a dating situation.
(11) According to the National Eating Disorders
Association, 5-10 million women and 1 million men struggle with
eating disorders including anorexia, bulimia, binge eating
disorder, or borderline conditions after puberty.
SEC. 3. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS.
Part B of title I of the Higher Education Act of 1965 is amended by
inserting after section 120 (20 U.S.C. 1011i) the following new
section:
``SEC. 120A. MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS.
``(a) Purpose.--It is the purpose of this section to increase
access to, and enhance the range of, mental and behavioral health
services for students at centers on campus that provide such services
so as to ensure that college students have the support necessary to
successfully complete their studies.
``(b) Program Authorized.--From the funds appropriated under
subsection (g), the Secretary shall award competitive grants to centers
on campus that provide mental and behavioral health services to
students to provide such services and develop best practices for the
delivery of such services. Such grants shall, subject to the
availability of such appropriations, be for a period of 3 years.
``(c) Eligible Entities.--Any mental health service center located
on the campus of an institution of higher education that provides
mental and behavioral health services to students is eligible to apply
for a grant under this section. Eligible entities may include entities
such as college counseling centers; college and university
psychological service centers; mental health units; and psychology
training clinics.
``(d) Applications.--Each eligible entity seeking to obtain a grant
under this section shall submit an application to the Secretary. Each
such application shall include--
``(1) an outline of program objectives and anticipated
program outcomes;
``(2) outreach strategies (including ways in which the
applicant proposes to reach students, promote access to
services, and address the range of needs of university
students);
``(3) a proposed plan for reaching those students most in
need of the center's services;
``(4) a program evaluation plan to assess program outcomes;
and
``(5) such additional information as is required by the
Secretary.
``(e) Use of Funds.--Funds provided by a grant under this section
may be used for one or more of the following activities:
``(1) Intervention program for developmental, transitional,
and adjustment issues that affect students as they matriculate
and graduate from college.
``(2) Addressing issues related to binge and heavy alcohol
consumption and the associated behavioral health risks.
``(3) Providing services for students with mental and
behavioral health problems that impede academic performance
(such as test anxiety).
``(4) Self-management skills (for behavioral and emotional
self regulation).
``(5) Management of chronic mental illness.
``(6) Assessment and intervention for depressive disorders,
and suicidal and self-harm behaviors.
``(7) Assessment and treatment of anxiety disorders.
``(8) Prevention programs for depression, anxiety, suicide,
and domestic violence.
``(9) Assessment, treatment, and education for eating
disorders.
``(10) Treatment of sexual trauma.
``(11) Psychological education for parents of college
students.
``(12) Hire appropriately trained staff.
``(13) Strengthen and expand psychology doctoral internship
and postdoctoral residency programs and opportunities.
``(14) Supporting the use of evidence-based and emerging
best practices and evaluate outcomes in centers on campus that
provide mental and behavioral health services so as to provide
information and training to other centers around the nation.
``(f) Additional Required Elements.--Each eligible entity that
receives a grant under this section shall--
``(1) provide annual reports to the Secretary describing
the use of funds, the program's objectives, and how the
objectives were met (description of program outcomes);
``(2) perform such additional evaluation as the Secretary
may require, which may include measures such as increase in
range of services provided; increase in the quality of services
provided; increase in access to services; college continuation
rates; decrease in college dropout rates; increase in college
graduation rates; and
``(3) shall coordinate its program under this section with
other related efforts on campus by entities concerned with the
mental, health, and behavioral health needs of students.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $10,000,000 for fiscal year
2005 and such sums as may be necessary for each of the 4 succeeding
fiscal years.''. | Campus Care and Counseling Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make competitive grants to campus mental and behavioral health service centers. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to provide funds for campus mental and behavioral health service centers."} | 1,697 | 37 | 0.374169 | 0.941194 | 0.053364 | 3.15625 | 52.5625 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Fuel Vehicle
Acceleration Act of 2001''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Alternative fuel vehicle.--
(A) In general.--Except as provided in subparagraph
(B), the term ``alternative fuel vehicle'' means a
motor vehicle that is powered--
(i) in whole or in part by electricity,
including electricity supplied by a fuel cell;
(ii) by liquefied natural gas;
(iii) by compressed natural gas;
(iv) by liquefied petroleum gas;
(v) by hydrogen; or
(vi) by methanol at no less than 85 percent
by volume.
(B) Exclusions.--The term ``alternative fuel
vehicle'' does not include--
(i) any vehicle designed to operate solely
on gasoline or diesel derived from fossil
fuels, regardless of whether it can also be
operated on an alternative fuel; or
(ii) any vehicle that the Secretary
determines, by rule, does not yield substantial
environmental benefits over a vehicle operating
solely on gasoline or diesel derived from
fossil fuels.
(2) Pilot program.--The term ``pilot program'' means the
competitive grant program established under section 3.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish an alternative
fuel vehicle energy demonstration and commercial application of energy
technology competitive grant pilot program to provide not more than 15
grants to State governments, local governments, or metropolitan
transportation authorities to carry out a project or projects for the
purposes described in subsection (b).
(b) Grant Purposes.--Grants under this section may be used for the
following purposes:
(1) The acquisition of alternative fuel vehicles,
including--
(A) passenger vehicles;
(B) buses used for public transportation or
transportation to and from schools;
(C) delivery vehicles for goods or services;
(D) ground support vehicles at public airports,
including vehicles to carry baggage or push airplanes
away from terminal gates; and
(E) motorized two-wheel bicycles, scooters, or
other vehicles for use by law enforcement personnel or
other State or local government or metropolitan
transportation authority employees.
(2) Infrastructure necessary to directly support a project
funded by the grant, including fueling and other support
equipment.
(3) Operation and maintenance of vehicles, infrastructure,
and equipment acquired as part of a project funded by the
grant.
(c) Applications.--
(1) Requirements.--The Secretary shall issue requirements
for applying for grants under the pilot program. At a minimum,
the Secretary shall require that applications be submitted by
the head of a State or local government or a metropolitan
transportation authority, or any combination thereof, and shall
include--
(A) at least one project to enable passengers or
goods to be transferred directly from one alternative
fuel vehicle to another in a linked transportation system;
(B) a description of the projects proposed in the
application, including how well they meet the
requirements of this Act;
(C) an estimate of the ridership or degree of use
of the projects proposed in the application;
(D) an estimate of the air pollution emissions
reduced and fossil fuel displaced as a result of the
projects proposed in the application, and a plan to
collect and disseminate environmental data, related to
the projects to be funded under the grant, over the
life of the projects;
(E) a description of how the projects proposed in
the application will be sustainable without Federal
assistance after the completion of the term of the
grant;
(F) a complete description of the costs of each
project proposed in the application, including
acquisition, construction, operation, and maintenance
costs over the expected life of the project; and
(G) a description of which costs of the projects
proposed in the application will be supported by
Federal assistance and which by assistance from non-
Federal partners, including State and local
governments, metropolitan transportation authorities,
and private entities.
(2) Partners.--An applicant under paragraph (1) may carry
out projects under the pilot program in partnership with one or
more private entities.
(d) Selection Criteria.--In evaluating applications under the pilot
program, the Secretary shall consider each applicant's previous
experience involving alternative fuel vehicles and shall give priority
consideration to applications that--
(1) are most likely to maximize protection of the
environment;
(2) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed projects and the
greatest likelihood that each project proposed in the
application will be maintained or expanded after Federal
assistance under this Act is completed; and
(3) exceed the minimum requirements of subsection
(c)(1)(A).
(e) Pilot Project Requirements.--
(1) Maximum amount.--The Secretary shall not provide more
than $20,000,000 in Federal assistance under the pilot program
to any applicant.
(2) Cost sharing.--The Secretary shall not provide more
than 50 percent of the cost, incurred during the period of the
grant, of any project under the pilot program.
(3) Maximum period of grants.--The Secretary shall not fund
any applicant under the pilot program for more than 5 years.
(4) Deployment and distribution.--The Secretary shall seek
to the maximum extent practicable to achieve nationwide
deployment of alternative fuel vehicles through the pilot
program, and shall ensure a broad geographic distribution of
project sites.
(5) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(f) Schedule.--
(1) Publication.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and elsewhere as
appropriate, a request for applications to undertake projects
under the pilot program. Applications shall be due within 180
days of the publication of the notice.
(2) Selection.--Not later than 180 days after the date by
which applications for grants are due, the Secretary shall
select by competitive, peer review all applications for
projects to be awarded a grant under the pilot program.
SEC. 4. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 60 days after the date grants
are awarded under this Act, the Secretary shall transmit to the
Committee on Science of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report containing--
(1) an identification of the grant recipients and a
description of the projects to be funded;
(2) an identification of other applicants that submitted
applications for the pilot program; and
(3) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(b) Evaluation.--Not later than 3 years after the date of enactment
of this Act, and annually thereafter until the pilot program ends, the
Secretary shall transmit to the Committee on Science of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report containing an evaluation of the effectiveness of
the pilot program, including an assessment of the benefits to the
environment derived from the projects included in the pilot program as
well as an estimate of the potential benefits to the environment to be
derived from widespread application of alternative fuel vehicles.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
$200,000,000 to carry out this Act, to remain available until expended. | Alternative Fuel Vehicle Acceleration Act of 2001 - Directs the Secretary of Energy to establish an alternative fuel vehicle energy demonstration and commercial application of energy technology competitive grant pilot program to provide not more than 15 grants to State governments, local governments, or metropolitan transportation authorities to acquire alternative fuel vehicles. | {"src": "billsum_train", "title": "To establish an alternative fuel vehicle energy demonstration and commercial application of energy technology competitive grant pilot program within the Department of Energy to facilitate the use of alternative fuel vehicles."} | 1,653 | 60 | 0.582961 | 1.332966 | 1.509398 | 6.745455 | 29.472727 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on American
Recovery and Reinvestment Act of 2009''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on American Recovery and Reinvestment (referred to in this
Act as the ``Commission'').
SEC. 3. COMPOSITION AND PROCEEDINGS.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President;
(2) 1 member shall be appointed by the minority leader of
the Senate in consultation with the minority leader of the
House of Representatives;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the majority leader of
the House of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Political Affiliation.--Not more than 5 members of the
Commission may be of the same political party.
(c) Non-Governmental Appointees.--An individual is not eligible for
appointment as a member of the Commission if the individual is an
officer or employee of the Federal Government or any State or local
government.
(d) Deadline for Appointments.--The members of the Commission shall
be appointed before the end of the period of 30 days beginning with the
day on which this Act is enacted.
(e) Vacancies.--If a vacancy occurs in the membership of the
Commission it shall be filled in the manner in which the original
appointment was made.
(f) Chairperson; Vice Chairperson.--
(1) Chairperson.--The member appointed under subsection
(a)(1) shall be the chairperson of the Commission (referred to
in this Act as the ``chairperson'').
(2) Vice chairperson.--The member appointed under
subsection (a)(2) shall be the vice chairperson of the
Commission (referred to in this Act as the ``vice
chairperson'').
(g) Proceedings.--
(1) Meetings.--The Commission shall meet at the call of the
chairperson or a majority of its members. The Commission shall
hold its meetings in public to the extent that the Commission
considers it appropriate to do so.
(2) Quorum.--Six members of the Commission shall constitute
a quorum.
(3) Vacancies not to affect duties or powers.--A vacancy in
the membership of the Commission does not affect its duties or
powers.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) investigate and make findings on the--
(A) the number of jobs saved or created as a result
of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 125);
(B) the circumstances in which such jobs have been
saved or created; and
(C) the effectiveness of measures taken to prevent
the improper payment of funds allocated under the
American Recovery and Reinvestment Act of 2009; and
(2) make recommendations on--
(A) changes that could be made to the American
Recovery and Reinvestment Act of 2009 to save or create
more jobs; and
(B) steps that could be taken to prevent the
improper payment of funds allocated under the American
Recovery and Reinvestment Act of 2009.
(b) Relationship to the Government Accountability Office.--When the
Commission is investigating matters and making findings under
subsection (a)(1), and when it is making recommendations under
subsection (a)(2), the following requirements shall apply:
(1) The Commission shall begin by considering any relevant
material published by the Government Accountability Office.
(2) If the Commission finds that the material published by
the Government Accountability Office is incomplete, out-of-date
or otherwise inadequate the Commission may carry out further
investigations or make further findings or recommendations.
SEC. 5. HEARINGS AND EVIDENCE.
(a) In General.--The Commission may, for the purposes of carrying
out 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. The Commission shall hold its hearings in public
to the extent that the Commission considers it appropriate to do so.
(b) Subpoenas.--
(1) Issuance.--The Commission may issue subpoenas requiring
the attendance and testimony of witnesses and the production of
evidence relating to any matter that the Commission is required
to investigate by section 4.
(2) Location.--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.
(c) Delegation.--The powers conferred on the Commission by
subsections (a) and (b) may be exercised by--
(1) any member of the Commission who is authorized by the
Commission for that purpose; or
(2) any committee of the Commission which is authorized by
the Commission for that purpose.
(d) Subpoenas: Procedure and Enforcement.--
(1) Approval.--A subpoena may be issued under this section
only if approved by--
(A) the chairperson and the vice chairperson; or
(B) a majority of the members of the Commission.
(2) Signature.--A subpoena issued under this section shall
be issued under the signature of--
(A) the chairperson or the vice chairperson; or
(B) a member of the Commission authorized for that
purpose by a majority of the members of the Commission.
(3) Service.--A subpoena issued under this section shall be
served by a person authorized for that purpose by--
(A) the chairperson or the vice chairperson; or
(B) a member of the Commission authorized for that
purpose by a majority of the members of the Commission.
(4) Enforcement.--
(A) Court order.--If a person refuses to obey a
subpoena issued under this section, the Commission may
apply to a United States district court for an order
requiring that person to appear before the Commission
to give testimony, produce evidence, or both, relating
to the matter under investigation.
(B) Application.--The application for the court
order may be made within the judicial district where
the hearing is conducted or where the person is found
or resides.
(C) Failure to obey.--Any failure to obey the order
of a court under this paragraph may be punished by the
court as civil contempt.
SEC. 6. ASSISTANCE FROM FEDERAL AGENCIES, CONTRACTS, GIFTS AND POSTAL
SERVICES.
(a) Information From Federal Agencies.--
(1) In general.--The Commission may, for the purpose of
carrying out this Act, request information directly from any
Federal department or agency.
(2) Duty to comply.--The head of a Federal department or
agency who receives such a request shall provide the
information requested.
(b) General Services Administration.--If requested to do so by the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, administrative support or other
services necessary for the Commission to carry out this Act.
(c) Other Departments and Agencies.--The head of a Federal
department or agency may provide to the Commission such financial or
other assistance (including services, facilities or staff) as the head
may consider appropriate.
(d) Contracts.--The Commission may, to the extent and in the
amounts provided in advance in the appropriation Acts, enter into
contracts to enable the Commission to carry out this Act.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as Federal
departments and agencies.
SEC. 7. NON-APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 8. DIRECTOR AND STAFF.
(a) Director.--The chairperson, in consultation with the vice
chairperson, may appoint, and fix the pay of, a director of the
Commission.
(b) Other Staff.--The chairperson, in consultation with the vice
chairperson, may appoint, and fix the pay of, other staff of the
Commission
(c) Rules.--Any appointment made or pay fixed under subsection (a)
or (b) shall be subject to rules prescribed by the Commission.
(d) Pay.--No rate of pay fixed under subsection (a) or (b) may
exceed the equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
(e) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission--
(1) may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive services; and
(2) may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
the classification and General Schedule pay rates (subject to
subsection (d)).
(f) Consultant Services.--The Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed the daily rate paid to
a person occupying a position at level IV of the Executive Schedule as
specified in section 5315 of title 5, United States Code.
SEC. 9. EXPENSES FOR MEMBERS.
(a) Compensation.--Each member of the Commission shall be
compensated at a rate not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the Executive
Schedule as specified in section 5315 of title 5, United States Code,
for each day during which the member is engaged in carrying out
functions of the Commission.
(b) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 10. REPORTS.
(a) Final Report.--Before the end of the relevant period, the
Commission shall submit to the President and Congress a report
containing the findings and recommendations described in section 4(a).
(b) Interim Reports.--During the relevant period, the Commission
may submit to the President and Congress such interim reports as the
Commission considers appropriate.
(c) Making Reports Available to the Public.--The Commission shall
make available to the public any reports required by this Act.
(d) Relevant Period.--In this section, the term ``relevant period''
means the period of 18 months beginning with the day on which this Act
is enacted.
SEC. 11. TERMINATION OF COMMISSION.
(a) In General.--The Commission shall terminate at the end of the
period of 60 days beginning with the day on which its final report is
submitted under section 11.
(b) Administrative Activities Before Termination.--The Commission
may use the period specified in subsection (a) for the purpose of
concluding its activities.
SEC. 12. FUNDING.
There is authorized to be appropriated $5,000,000 to carry out this
Act. | National Commission on American Recovery and Reinvestment Act of 2009 - Establishes in the legislative branch the National Commission on American Recovery and Reinvestment.
Requires the Commission to: (1) investigate and make findings on the number of jobs saved or created as a result of the American Recovery and Reinvestment Act of 2009; and (2) make recommendations on changes that could be made to such Act to save or create more jobs as well as steps that could be taken to prevent the improper payment of funds allocated under it. | {"src": "billsum_train", "title": "To establish a National Commission on American Recovery and Reinvestment."} | 2,539 | 108 | 0.533174 | 1.278163 | 0.585369 | 5.818182 | 23.141414 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Visitor Center Authorization
Act of 1995''.
SEC. 2. ESTABLISHMENT OF CAPITOL VISITOR CENTER.
(a) In General.--The Architect of the Capitol, under the direction
of the United States Capitol Preservation Commission, is authorized--
(1) to plan, construct, equip, administer, and maintain a
Capitol Visitor Center under the East Plaza of the United
States Capitol with associated improvements to the Capitol to
provide access thereto; and
(2) to reconstruct the environs of the East Plaza of the
United States Capitol to enhance its attractiveness, safety,
and security.
(b) Purpose.--It shall be the purpose of the Capitol Visitor Center
to provide reception facilities, educational exhibits, amenities,
auditoriums, and other programs and facilities for members of the
public visiting the United States Capitol.
SEC. 3. ENGINEERING AND DESIGN.
(a) Report to Congress.--As soon as practicable after the date of
the enactment of this Act, the Architect of the Capitol shall complete
engineering and architectural designs and cost estimates for
construction of the Capitol Visitor Center and transmit a report on the
results thereof to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Rules and
Administration of the Senate, and the United States Capitol
Preservation Commission.
(b) Contents.--The report to be transmitted under subsection (a)
shall include detailed plans, specifications, and cost estimates for
construction of the Capitol Visitor Center.
(c) Plans for Exhibits.--Plans and specifications for the exhibits
and equipping of the Capitol Visitor Center shall be completed by the
Architect of the Capitol as soon as practicable after the commencement
of construction.
SEC. 4. CONSTRUCTION.
(a) General Rule.--The Architect of the Capitol may not begin
construction of the Capitol Visitor Center until plans, designs, and
cost estimates transmitted under section 3 are approved by resolutions
adopted by the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Rules and Administration
of the Senate, respectively.
(b) Building Codes.--The Capitol Visitor Center and associated
improvements shall meet design standards applicable under nationally
recognized building codes, as determined by the Architect of the
Capitol. During construction, the Architect shall conduct periodic
inspections of the Capitol Visitor Center for the purpose of assuring
that such standards are being met.
(c) Applicability of Certain Laws.--The Capitol Visitor Center and
associated improvements and the construction thereof shall not be
subject to any Federal or State law (including laws of the District of
Columbia) relating to taxes, building codes, permits, or inspections.
SEC. 5. GIFTS.
(a) In General.--For the purposes of carrying out section 2(a)(1),
the Architect of the Capitol may solicit, receive, accept, hold, and
dispose of gifts or donations of services or property.
(b) Deposit of Receipts.--The Architect of the Capitol shall
deposit into the account established by section 6(a) all monetary gifts
received under subsection (a) and all proceeds from the disposition of
nonmonetary gifts received under subsection (a).
(c) Treatment Under Tax Laws.--Any gift accepted by the Architect
of the Capitol under subsection (a) shall be considered a gift to the
United States for the purposes of income, estate, and gift tax laws of
the United States.
SEC. 6. ACCOUNT IN THE TREASURY.
(a) Establishment.--There is established in the Treasury of the
United States a separate account entitled ``Architect of the Capitol,
Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and
Donations'' which shall consist of amounts deposited into the account
by the Architect of the Capitol under section 5(b) and amounts credited
to the account pursuant to this section.
(b) Availability of Amounts.--Funds in the account established by
subsection (a) shall be available to the Architect of the Capitol for
carrying out section 2(a)(1) in such amounts as are specified in
appropriations Acts. Such funds shall not be subject to any fiscal year
limitation.
(c) Reporting of Transactions.--Receipts, obligations, and
expenditures of funds in the account established by subsection (a)
shall be reported in annual estimates submitted to Congress by the
Architect of the Capitol for the operation and maintenance of the
Capitol Buildings and Grounds.
(d) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the account established by subsection (a) as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States. For such purpose,
such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
account may be sold at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the account shall be credited to and form part of the
account.
SEC. 7. AUTHORITY TO CONTRACT.
The Architect of the Capitol may enter into contracts, using
procedures other than competitive procedures, in carrying out section
2(a)(1).
SEC. 8. SPECIAL COMMITTEE OF UNITED STATES CAPITOL PRESERVATION
COMMISSION.
(a) Delegation of Functions.--The United States Capitol
Preservation Commission is authorized to delegate to the Special
Committee appointed pursuant to the amendment made by subsection (b)
the functions of the Commission under this Act.
(b) Establishment.--Section 801 of the Arizona-Idaho Conservation
Act of 1988 (40 U.S.C. 188a) is amended by adding at the end the
following:
``(f) Special Committee.--
``(1) Establishment.--The Commission is authorized to
establish a Special Committee consisting of 3 Members of
Congress as follows:
``(A) One Member of the House of Representatives to
be appointed by the Commission.
``(B) One Member of the Senate to be appointed by
the Commission.
``(C) One Member of the House of Representatives or
the Senate to be appointed by the 2 members appointed
pursuant to subparagraphs (A) and (B).
``(2) Chairman; functions.--The Special Committee
established pursuant to paragraph (1) shall elect its own
chairperson and shall provide the Architect of the Capitol with
all necessary oversight and direction in the exercise of the
authority granted to the Architect under the Capitol Visitor
Center Authorization Act of 1995.''.
SEC. 9. FUNDING LIMITATION.
(a) General Rule.--Funds for the payment of expenses incurred by
the Architect of the Capitol in carrying out section 2(a)(1) shall be
derived solely from the account established by section 6(a).
(b) Statutory Construction.--Subsection (a) shall not be construed
as limiting the use of any funds for the repair, reconstruction, or
improvement of any existing structure of the United States Capitol. | Capitol Visitor Center Authorization Act of 1995 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission, to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the environs of the East Plaza to enhance its attractiveness, safety, and security.
Requires the AOC to complete engineering and architectural designs and cost estimates for construction of the Center and to report to specified congressional committees and the Commission on the results. Prohibits the AOC from beginning the construction of the Center until the cost estimates are approved by resolutions adopted by such committees.
Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account.
Authorizes the: (1) AOC to enter into contracts, using noncompetitive procedures, to carry out this Act with respect to the Center; and (2) Commission to establish and delegate its functions under this Act to a Special Committee which shall provide the AOC with all necessary oversight and direction.
Limits funding for the payments of expenditures incurred by the AOC in providing for the Center to amounts in the account established by this Act. | {"src": "billsum_train", "title": "Capitol Visitor Center Authorization Act of 1995"} | 1,622 | 275 | 0.696348 | 1.998254 | 0.808472 | 3.696721 | 5.868852 | 0.893443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Fraud in Transportation Act
of 2011''.
SEC. 2. REGISTRATION REQUIREMENTS.
(a) Annual Review of Active Registrations.--The Administrator of
the Federal Motor Carrier Safety Administration shall establish
processes and procedures to screen its list of registered motor
carriers, brokers and freight forwarders annually, and the
Administrator shall--
(1) ensure that the list accurately reflects only those
entities with currently active operating authority; and
(2) show as inactive any motor carriers, brokers or freight
forwarders that are no longer active or in compliance with the
requirements of chapter 139 of title 49, United States Code.
(b) Funding.--There is hereby authorized from the funds
appropriated for the operations of the Federal Motor Carrier Safety
Administration $2,000,000 to carry out the requirements of subsection
(a).
(c) Amendments.--Section 13901 of title 49, United States Code, is
amended--
(1) by striking ``A person'' and inserting the following:
``(a) In General.--A person''; and
(2) by adding at the end the following:
``(b) Registration Numbers.--
``(1) In general.--If the Administrator of the Federal
Motor Carrier Safety Administration registers a person under
this chapter for 1 or more activities or services, including
motor carrier, freight forwarder, or broker activities or
services, the Administrator shall issue a distinctive
registration number to the person for each such activity or
service for which the person is registered.
``(2) Activity or service type indicator.--Each number
issued under paragraph (1) shall include an indicator of the
type of activity or service for which the registration number
is issued, including whether the registration number is issued
for registration of a motor carrier, freight forwarder, or
broker activity or service.
``(c) Authority.--For each agreement to provide service for which
registration is required under this chapter, the registered person
shall specify, in writing, the operating authority under which it is
providing the services required.''.
SEC. 3. REGISTRATION OF MOTOR CARRIERS.
Section 13902 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``using self-
propelled vehicles the motor carrier owns or leases''
after ``motor carrier''; and
(B) by adding at the end the following:
``(6) Separate registration required.--A motor carrier may
not broker transportation services unless the motor carrier has
registered as a broker under this chapter.''.
SEC. 4. REGISTRATION AND SECURITY OF FREIGHT FORWARDERS AND BROKERS.
(a) In General.--
(1) Amendment.--Chapter 139 of title 49, United States
Code, is amended by striking sections 13903 and 13904 and
inserting the following:
``Sec. 13903. Registration of freight forwarders and brokers
``(a) In General.--A person may not act as a freight forwarder by
providing service subject to the jurisdiction under subchapter III of
chapter 135 or as a broker unless the person holds a freight
forwarder's permit or a broker's license, as the case may be, issued by
the Federal Motor Carrier Safety Administration.
``(b) Issuance of Permit or License.--
``(1) Eligibility requirements.--The Administrator of the
Federal Motor Carrier Safety Administration shall issue a
freight forwarder's permit or broker's license to any person
that the Administration determines--
``(A) to be qualified by experience and character
to act as a freight forwarder or broker, respectively;
and
``(B) to be fit, willing, and able to provide the
service and to comply with this part and applicable
regulations of the Secretary.
``(2) Duration.--The permit or license issued under
paragraph (1) shall remain in effect only as long as the
freight forwarder or broker is in compliance with section
13904.
``(c) Registration as Motor Carrier Required.--
``(1) Freight forwarders.--A freight forwarder may not
provide transportation as a motor carrier unless the freight
forwarder--
``(A) has registered separately to provide
transportation as a motor carrier; and
``(B) has met all the requirements under this
chapter applicable to motor carriers.
``(2) Brokers.--A broker may not provide transportation as
a motor carrier unless the broker--
``(A) has registered separately to provide
transportation as a motor carrier; and
``(B) has met all of the requirements under this
chapter applicable to motor carriers.
``(d) Registration as Freight Forwarder or Broker Required.--A
motor carrier registered under this chapter--
``(1) may only provide transportation of property with
self-propelled motor vehicles owned or leased by the motor
carrier or interchanges as permitted under regulation issued by
the Secretary, provided that the originating carrier must
physically transport the cargo at some point, and retains
liability for the cargo and payment of interchanged carriers;
and
``(2) may not arrange such transportation unless the motor
carrier has obtained a separate freight forwarder's permit or
broker's license under this section.
``Sec. 13904. Security of freight forwarders and brokers
``(a) Requirements.--
``(1) In general.--A person may not act as a freight
forwarder or broker unless the person furnishes a bond, proof
of trust fund, or other surety, or combination of such
sureties, in a form and amount, and from a provider, determined
by the Administrator of the Federal Motor Carrier Safety
Administration to be adequate to insure financial
responsibility.
``(2) Standards.--The Administrator may authorize the use
of a group bond, trust fund, or other surety, or combination of
such securities that meet the legal requirements under section
13904(d). The Administrator may not accept proof of security
from any person whose surety or surety provider does not meet
the standards established by the Administrator, by regulation.
Bonds issued under this section may only be offered by a
bonding company that has been approved by the Secretary of the
Treasury.
``(b) Scope of Financial Responsibility.--A bond, trust fund, or
other surety obtained under this section shall be available to pay any
claim against a freight forwarder or broker arising from its failure to
pay freight charges in its contracts, agreements, or arrangements for
transportation subject to regulation under this chapter--
``(1) with the consent of the insured freight forwarder or
broker, subject to review by the surety company;
``(2) if the claim is deemed valid by the surety company
after the freight forwarder or broker has failed to respond to
adequate notice to address the validity of the claim; or
``(3) if the claim has been reduced to a judgment against
the freight forwarder or broker after the claimant made a
reasonable attempt to resolve the claim under paragraphs (1)
and (2), but the claim was not resolved within a reasonable
period of time provided, however, that the surety must respond
to any claim within 30 days of receipt and, if the claim is
denied, shall set forth in writing to the claimant the grounds
for the denial. In any action against a surety to recover on a
claim that has not been paid, the prevailing party shall be
entitled to recover its reasonable costs and attorneys fees.
``(c) Freight Forwarder Insurance.--
``(1) In general.--The Administrator of the Federal Motor
Carrier Safety Administration may not register a person as a
freight forwarder under section 13903 unless the person files
with the Administrator a bond, insurance policy, or other type
of security, in accordance with the standards established by
the Administrator under this section.
``(2) Liability insurance.--A security filed under
paragraph (1) shall be sufficient to pay an amount, not to
exceed the amount of the security, for each final judgment
against the freight forwarder for bodily injury to, or death
of, an individual, or loss of, or damage to, property (other
than property referred to in paragraph (3)), resulting from the
negligent operation, maintenance, or use of motor vehicles by,
or under the direction and control of, the freight forwarder
when providing transfer, collection, or delivery service under
this part.
``(3) Cargo insurance.--The Administrator may require a
registered freight forwarder to file with the Administrator a
bond, insurance policy, or other type of security approved by
the Secretary, that will pay an amount, not to exceed the
amount of the security, for loss of, or damage to, property for
which the freight forwarder provides service.
``(d) Additional Requirements.--
``(1) Reissuance of licenses and permits.--Not later than 4
years after the date of the enactment of the Fighting Fraud in
Transportation Act of 2011, freight forwarders and brokers
shall renew licenses and permits from the Federal Motor Carrier
Safety Administration that are subject to the terms and
conditions under this subsection. Such licenses and permits
shall expire 5 years after the date of issuance and may be
renewed as provided under this chapter.
``(2) Experience or training requirement.--Each freight
forwarder and broker shall employ, as an officer, an individual
who--
``(A) has at least 3 years of relevant experience;
or
``(B) provides the Administrator with satisfactory
evidence of certified training.
``(3) Online.--The Administrator shall make information on
permits, licenses, and financial security publicly available
online, including--
``(A) the names and addresses of the principals of
each entity holding a permit or license; and
``(B) the electronic address of its surety for the
submission of claims.
``(4) Minimum financial security.--Each freight forwarder
and broker shall provide financial security of $100,000,
regardless of the number of branch offices or sales agents of
such entities.
``(5) Specific performance standards.--The Administrator
shall set specific performance standards for bonds or other
acceptable surety, including requirements that--
``(A) the broker or forwarder can file a bond
issued by a surety registered and in good standing with
the U.S. Department of Treasury;
``(B) the broker or forwarder can file proof of a
trust or other security acceptable to the Administrator
provided that the surety amount consists of assets
readily available to pay valid claims without resort to
personal guarantees or collection of pledged accounts
receivable; and
``(C) the bond issuer, trust or other security
holder is ultimately financially responsible for any
failure to make the required payments.
``(6) Notice to cancel.--If a surety required under this
subsection is canceled--
``(A) the holder of the surety shall provide
electronic notification to the Administrator of such
cancellation not later than 30 days before the
effective date of such cancellation; and
``(B) the Administrator shall immediately post such
notification on its public Web site.
``(7) Suspension.--The Administrator shall immediately
suspend the registration of a freight forwarder or broker if
its available security falls below the amount required under
this subsection.
``(8) Payment of claims.--If a registered freight forwarder
or broker experiences financial failure or insolvency, the
freight forwarder's or broker's surety shall--
``(A) submit a notice to cancel the surety to the
Administrator in accordance with paragraph (6);
``(B) publicly advertise for claims for 60 days
beginning on the date of publication by the
Administrator of the notice to cancel the surety; and
``(C) pay, not later than 30 days after the
expiration of the 60-day period for submission of
claims--
``(i) all uncontested claims received
during such period; or
``(ii) a pro rata share of such claims if
the total amount of such claims exceeds the
financial security available.
``(9) List of claims paid.--Each surety under this
subsection shall--
``(A) publish, on the surety's Web site, a list of
the claims paid by the surety immediately upon payment;
and
``(B) immediately submit a copy of such list to the
Administrator.
``(10) Penalties.--
``(A) In general.--Any surety that fails to comply
with the requirements under this subsection--
``(i) shall be liable to the United States
Government for a civil penalty in an amount not
to exceed $10,000; and
``(ii) shall be ineligible to offer broker
and forwarder security under this chapter.
``(B) Wilful violations.--Any surety that knowingly
and willfully violates the posting and notification
requirements under this subsection shall be held
financially liable for all valid claims submitted
against the broker or forwarder involved, regardless of
the amount of the security.
``(11) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may not be
reduced by deducting attorney's fees or administrative costs.
``(12) Audit.--Claim payments by sureties shall be annually
audited by a public accounting firm. The results of such audits
shall be made publicly available on the surety's Web site.''.
(2) Rulemaking.--Not later than 270 days after the date of
the enactment of this Act, the Administrator of the Federal
Motor Carrier Safety Administration shall issue regulations to
enforce the requirements under section 13904(d) of title 49,
United States Code, as added by paragraph (1).
(3) Effective date.--Section 13904(d) of title 49, United
States Code, as added by paragraph (1), shall take effect on
the date that is 270 days after the date of the enactment of
this Act.
(b) Repeal.--Subsections (b) and (c) of section 13906 of title 49,
United States Code, are repealed.
(c) Clerical Amendments.--The table of sections for chapter 139 of
title 49, United States Code, is amended--
(1) by striking the item relating to section 13903 and
inserting the following:
``13903. Registration of freight forwarders and brokers.'';
and
(2) by striking the item relating to section 13904 and
inserting the following:
``13904. Security of freight forwarders and brokers.''.
SEC. 5. REVIEW.
(a) Review by Inspector General.--Not later than 15 months after
the date of the enactment of this subsection, the Inspector General of
the Department of Transportation shall--
(1) review the regulations and enforcement practices of the
Federal Motor Carrier Safety Administration under section
13904(d) of title 49, United States Code, as added by section
4(a); and
(2) make any recommendations to the Secretary of
Transportation that may be necessary to improve the enforcement
of such regulations.
(b) Security and Insurance Amount Assessment.--Every 5 years, the
Administrator of the Federal Motor Carrier Safety Administration shall
review, with public notice and comment, the amount of the security and
insurance required under section 13904 of title 49, United States Code,
to determine whether such amounts are sufficient to provide adequate
financial security, and shall be authorized to increase those amounts,
if necessary, based upon that determination.
SEC. 6. UNLAWFUL BROKERAGE ACTIVITIES.
(a) In General.--Chapter 149 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 14916. Unlawful brokerage activities
``(a) Prohibited Activities.--Any person that acts as a broker,
other than a non-vessel-operating common carrier (as defined in section
40102(16) of title 46), or an ocean freight forwarder providing
brokerage as part of an international through movement involving ocean
transportation between the United States and a foreign port, is
prohibited from providing interstate brokerage services as a broker
unless that person--
``(1) is registered under, and in compliance with, section
13903; and
``(2) has satisfied the financial security requirements
under section 13904.
``(b) Civil Penalties and Private Cause of Action.--Any person who
knowingly authorizes, consents to, or permits, directly or indirectly,
either alone or in conjunction with any other person, a violation of
subsection (a) is liable--
``(1) to the United States Government for a civil penalty
in an amount not to exceed $10,000 for each violation; and
``(2) to the injured party for all valid claims incurred
without regard to amount.
``(c) Liable Parties.--The liability for civil penalties and for
claims under this section for unauthorized brokering shall apply,
jointly and severally--
``(1) to any corporate entity or partnership involved; and
``(2) to the individual officers, directors, and principals
of such entities.''.
(b) Clerical Amendment.--The table of sections for chapter 149 of
title 49, United States Code, is amended by adding at the end the
following:
``14916. Unlawful brokerage activities.''. | Fighting Fraud in Transportation Act of 2011 - Directs the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) to establish procedures to screen annually its list of registered motor carriers, brokers, and freight forwarders to: (1) ensure the list accurately reflects only those entities with currently active operating authority; and (2) show as inactive any motor carriers, brokers, or freight forwarders that are no longer active or in compliance with federal registration and security requirements.
Requires the FMCSA Administrator to issue a distinctive registration number for each activity or service of a person (including motor carrier, freight forwarder, or broker) registered to provide one or more such activities or services. Requires a registrant to specify, in writing, the authority under which it is providing required services for each shipment for which it seeks compensation.
Revises federal motor carrier registration requirements to prohibit a motor carrier from brokering transportation services unless registered as a broker.
Revises and consolidates federal registration and security requirements for freight forwarders and brokers. Prohibits a person from acting as a freight forwarder or broker unless that person: (1) holds a freight forwarder's permit or broker's license issued by the FMCSA; and (2) furnishes a bond, insurance policy, or other type of security from a provider determined by the FMCSA Administrator to be adequate to insure financial responsibility of $100,000.
Prohibits a person acting as a broker (other than a non-vessel-operating common carrier), or an ocean freight forwarder providing brokerage as part of an international through movement involving ocean transportation between the United States and a foreign port, from providing interstate brokerage services unless that person: (1) is registered under and in compliance with this Act, and (2) has satisfied financial security requirements. Prescribes civil penalties for violators of such requirements. | {"src": "billsum_train", "title": "To amend section 139 of title 49, United States Code, to increase the effectiveness of Federal oversight of motor carriers, and for other purposes."} | 3,823 | 401 | 0.662208 | 2.149221 | 0.796209 | 4.462857 | 10.097143 | 0.937143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Reliability for Our
Producers Act'' or ``CROP Act''.
SEC. 2. ADVANCE PAYMENTS FOR UNDERSERVED REGIONS AND CROPS.
Section 522(b)(2) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)(2)) is amended by striking subparagraph (E) and inserting the
following:
``(E) Approval.--
``(i) In general.--The Board may approve up
to 75 percent of the projected total research
and development costs to be paid in advance to
an applicant, in accordance with the procedures
developed by the Board for the making of the
payments, if, after consideration of the
reviewer reports described in subparagraph (D)
and such other information as the Board
determines appropriate, the Board determines--
``(I) the concept, in good faith,
will likely result in a viable and
marketable policy consistent with
section 508(h);
``(II) in the sole opinion of the
Board, the concept, if developed into a
policy and approved by the Board, would
provide crop insurance coverage--
``(aa) in a significantly
improved form;
``(bb) to a crop or region
not traditionally served by the
Federal crop insurance program;
or
``(cc) in a form that
addresses a recognized flaw or
problem in the program;
``(III) the applicant agrees to
provide such reports as the Corporation
determines are necessary to monitor the
development effort;
``(IV) the proposed budget and
timetable are reasonable; and
``(V) the concept proposal meets
any other requirements that the Board
determines appropriate.
``(ii) Waiver.--The Board may waive the cap
specified in clause (i) on the advance payment
of costs and pay more of the projected total
research and development costs in advance if,
in the sole discretion of the Board, the Board
determines that the concept proposal provides
coverage for a region or crop that is
underserved by the Federal crop insurance
program, including specialty crops.''.
SEC. 3. AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT.
(a) In General.--Section 522(c) of the Federal Crop Insurance Act
(7 U.S.C. 1522(c)) is amended--
(1) in the subsection heading by striking ``Contracting'';
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``may enter into contracts to carry out
research and development to'' and inserting ``may conduct
activities or enter into contracts to carry out research and
development to maintain or improve existing policies or develop
new policies to'';
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting ``conduct
research and development or'' after ``The Corporation
may''; and
(B) in subparagraph (B), by inserting ``conducting
research and development or'' after ``Before'';
(4) in paragraph (5), by inserting ``after expert review in
accordance with section 505(e)'' after ``approved by the
Board''; and
(5) in paragraph (6), by striking ``a pasture, range, and
forage program'' and inserting ``policies that increase
participation by producers of underserved agricultural
commodities, including specialty crops''.
(b) Funding.--Section 522(e) of the Federal Crop Insurance Act (7
U.S.C. 1522(e)) is amended--
(1) in paragraph (2)--
(A) by striking ``(A) Authority.--'' and inserting
``(A) Conducting and contracting for research and
development.--'';
(B) in subparagraph (A), by inserting ``conduct
research and development and'' after ``the Corporation
may use to''; and
(C) in subparagraph (B), by inserting ``conduct
research and development and'' after ``for the fiscal
year to'';
(2) in paragraph (3), by striking ``to provide either
reimbursement payments or contract payments''; and
(3) by striking paragraph (4). | Creating Reliability for Our Producers Act or CROP Act - Amends the Federal Crop Insurance Act to revise crop insurance provisions regarding approval of advance payments for a portion of specialty crop research and development costs. | {"src": "billsum_train", "title": "CROP Act"} | 971 | 52 | 0.501476 | 1.201843 | 0.796069 | 2.324324 | 23.594595 | 0.810811 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End the Lame Duck Act''.
SEC. 2. MANDATORY SINE DIE ADJOURNMENT AFTER GENERAL ELECTION DATE.
(a) Mandatory Sine Die Adjournment.--Except as provided in
subsection (b), if the House of Representatives stands adjourned on the
date of the regularly scheduled general election for Federal office
during a Congress (beginning with the One Hundred Tenth Congress)
pursuant to a concurrent resolution providing for the adjournment of
the House, the House shall be considered to be adjourned sine die.
(b) Permitting Reassembly in Case of National Emergency.--After the
date described in subsection (a), the Speaker of the House of
Representatives and the Majority Leader of the Senate, or their
respective designees, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the Senate, may
notify the Members of the House and Senate, respectively, to reassemble
if they determine that the existence of a national emergency warrants
it.
SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law before the date of the regularly scheduled general
election for Federal office held during such fiscal year or a joint
resolution making continuing appropriations is not in effect, there are
appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year;
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year;
``(C) the rate of operations provided for in the regular
appropriation bill as passed by the House of Representatives or
the Senate for the fiscal year in question, except that the
lower of these two versions shall be ignored for any project or
activity for which there is a budget request if no funding is
provided for that project or activity in either version; or
``(D) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies.
``(2) Commerce, Justice, Science, and Related Agencies.
``(3) Department of Defense.
``(4) Energy and Water Development and Related Agencies.
``(5) Financial Services and General Government.
``(6) Department of Homeland Security.
``(7) Department of the Interior, Environment, and Related
Agencies.
``(8) Departments of Labor, Health and Human Services,
Education, and Related Agencies.
``(9) Legislative Branch.
``(10) Military Construction and Veterans' Affairs.
``(11) Department of State, Foreign Operations, and Related
Programs.
``(12) Transportation, Housing and Urban Development, and
Related Agencies.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing Appropriations.''.
(c) Effective Date.--The amendments made by this section shall
apply to fiscal years beginning after September 30, 2010. | End the Lame Duck Act - Considers the House of Representatives to be adjourned sine die if it stands adjourned on the date of the regularly scheduled general election for federal office during a Congress (beginning with the 110th Congress) pursuant to a concurrent resolution providing for the adjournment of the House.
Authorizes the Speaker of the House and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leaders of both chambers, to notify the Members of the House and Senate to reassemble if they determine that the existence of a national emergency warrants it.
Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year does not become law before the date of the regularly scheduled general election for federal office held during such fiscal year. | {"src": "billsum_train", "title": "To deem any adjournment of the House of Representatives which is in effect on the date of the regularly scheduled general election for Federal office held during a Congress to be adjournment sine die, and to amend title 31, United States Code, to provide for automatic continuing appropriations if a regular appropriation bill for a fiscal year does not become law before the date of the regularly scheduled general election for Federal office held during such fiscal year."} | 1,496 | 190 | 0.697088 | 1.882162 | 0.812431 | 6.871622 | 9.418919 | 0.952703 |
SECTION 1. RETURN TO OPERATIONAL STATUS.
The Secretary of Energy (in this Act referred to as the
``Secretary'') shall immediately discontinue the shutdown of the Fast
Flux Test Facility (in this Act referred to as the ``Facility''), and
take action necessary to begin returning the Facility to operational
status. To the extent possible, the technical staff shall be retained,
and all documents, materials, spare parts, components and capabilities
shall be preserved. The Facility shall be maintained in operation by
the Secretary for at least 20 years, and for so much longer as it
remains capable of performing missions established for it under section
2.
SEC. 2. MISSIONS.
(a) Task Force.--
(1) Establishment.--The Secretary shall establish a task
force, to be composed of one individual each selected by--
(A) the National Academy of Sciences;
(B) the American Physical Society;
(C) the American Nuclear Society;
(D) the College of Nuclear Physicians; and
(E) the Nuclear Engineering Department Heads
Organization.
(2) Duties.--The task force established under paragraph (1)
shall, within 6 months after the date of the enactment of this
Act, transmit a report to the Congress that establishes a
ranked list of missions for the Facility. Such list shall be
established in consultation with the operating contractor of
the Facility, taking into consideration the widest possible
range of potential uses, both governmental and nongovernmental,
for the Facility. Such uses shall include the following:
(A) Reestablishing world leadership in beneficial
nuclear technology and nuclear medicine.
(B) The production of medical and other isotopes
for use or sale by Federal or non-Federal entities.
(C) The production of tritium needed to maintain
the safety and reliability of our defense stockpile.
(D) Irradiation services to support research and
commercial objectives.
(E) Demonstration programs to verify fast reactor
capability to convert radioactive waste or weapons
materials into a safer form.
(F) Materials testing and physics research.
(G) Service as a training center.
(H) The production of steam to be used or sold by
Federal or non-Federal entities, and for the testing of
steam generators.
(3) Travel expenses.--Each member of the task force shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(b) Implementation.--The Secretary shall implement the
recommendations of the task force as missions of the Facility.
SEC. 3. AGREEMENTS.
The Secretary may enter into agreements with domestic and foreign
entities for participation of such entities in the missions of the
Facility.
SEC. 4. OPERATIONS CONTRACT.
Any contract entered into by the Secretary after the date of the
enactment of this Act for the operation of the Facility shall include
provisions to--
(1) ensure that all operations and experiments meet
applicable safety requirements and acceptance criteria;
(2) provide necessary support services to the non-Federal
entities that have entered into agreements pursuant to section
3;
(3) provide indemnification pursuant to section 170d. of
the Atomic Energy Act of 1954 (42 U.S.C. 2210(d));
(4) indemnify, protect, and hold harmless the contractor
from and against all liability, including liability for legal
costs, relating to any preexisting conditions at any part of
the Facility.
(5) indemnify, protect, and hold harmless the contractor
from and against all liability to third parties (including
liability for legal costs and for claims for personal injury,
illness, property damage, and consequential damages) for
negligence arising out of the contractor's performance under
the contract, unless such liability was caused by conduct of
the contractor which was grossly negligent or which constituted
intentional misconduct; and
(6) provide for indemnification of subcontractors as
described in paragraphs (3), (4), and (5).
SEC. 5. EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION.
No activities of the Facility or the operating contractor thereof
shall be subject to licensing or other regulation by the Nuclear
Regulatory Commission.
SEC. 6. FAST FLUX TEST FACILITY FUND.
There shall be established in the Treasury a separate fund to be
known as the ``Fast Flux Test Facility Fund'', which shall include all
appropriations made for the Facility and all funds received for the
sale of products or services of the Facility or under agreements
entered into under section 3. Amounts in such Fund shall be available,
to the extent provided in advance in appropriations Acts, for the
activities of the Facility.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for the
activities of the Facility and of the task force established under
section 2(a)(1) $60,000,000 for fiscal year 1996. | Directs the Secretary of Energy to discontinue immediately the shutdown of the Fast Flux Test Facility and return it to operational status. Mandates that the Facility be maintained in operation by the Secretary for at least 20 years, and for so long as it is capable of performing specified missions.
(Sec. 2) Instructs the Secretary to establish a task force to report to the Congress a ranked list of prescribed missions (both governmental and non-governmental) for the Facility.
(Sec. 5) Exempts Facility activities and operating contractors from the licensing and regulatory purview of the Nuclear Regulatory Commission.
(Sec. 6) Establishes the Fast Flux Text Facility Fund in the Treasury. Authorizes appropriations. | {"src": "billsum_train", "title": "To require the Secretary of Energy to immediately begin returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest priority, and prepare the facility to carry out those missions."} | 1,081 | 158 | 0.566984 | 1.668001 | 0.802574 | 2.897059 | 7.382353 | 0.897059 |
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Video Game Rating
Act of 1994''.
(b) Purpose.--The purpose of this Act is to provide parents with
information about the nature of video games which are used in homes or
public areas, including arcades or family entertainment centers.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the terms ``video games'' and ``video devices'' mean
any interactive computer game, including all software,
framework and hardware necessary to operate a game, placed in
interstate commerce; and
(2) the term ``video game industry'' means all
manufacturers of video games and related products.
SEC. 3. THE INTERACTIVE ENTERTAINMENT RATING COMMISSION.
(a) Establishment.--There is established the Interactive
Entertainment Rating Commission (hereafter in this Act referred to as
the ``Commission'') which shall be an independent establishment in the
executive branch as defined under section 104 of title 5, United States
Code.
(b) Members of the Commission.--(1)(A) The Commission shall be
composed of 5 members. No more than 3 members shall be affiliated with
any 1 political party.
(B) The members shall be appointed by the President, by and with
the advice and consent of the Senate. The President shall designate 1
member as the Chairman of the Commission.
(2) All members shall be appointed within 60 days after the date of
the enactment of this Act.
(c) Terms.--Each member shall serve until the termination of the
Commission.
(d) Vacancies.--A vacancy on the Commission shall be filled in the
same manner as the original appointment.
(e) Compensation of Members.--(1) The Chairman shall be paid at a
rate equal to the daily equivalent of the minimum annual rate of basic
pay payable for level IV of the Executive Schedule under section 5314
of title 5, United States Code, for each day (including traveltime)
during which the Chairman is engaged in the performance of duties
vested in the Commission.
(2) Except for the Chairman who shall be paid as provided under
subparagraph (A), each member of the Commission shall be paid at a rate
equal to the daily equivalent of the minimum annual rate of basic pay
payable for level V of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including traveltime) during
which the member is engaged in the performance of duties vested in the
Commission.
(3) The amendments made by this subsection are repealed effective
on the date of termination of the Commission.
(f) Staff.--(1) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Commission to perform its duties. The
employment of an executive director shall be subject to confirmation by
the Commission.
(2) The Chairman of the Commission may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(g) Consultants.--The Commission may procure by contract, to the
extent funds are available, the temporary or intermittent services of
experts or consultants under section 3109 of title 5, United States
Code. The Commission shall give public notice of any such contract
before entering into such contract.
(h) Funding.--(1) There are authorized to be appropriated to the
Commission such sums as are necessary to enable the Commission to carry
out its duties under this Act, such sums to remain available until
December 31, 1996.
(2) The Commission shall set a reasonable user fee which shall be
calculated to be sufficient to reimburse the United States for all sums
appropriated under subparagraph (1).
(i) Termination.--The Commission shall terminate on the earlier
of--
(1) December 31, 1996; or
(2) 90 days after the Commission submits a written
determination to the President that voluntary standards are
established that are adequate to warn purchasers of the violent
or sexually explicit content of video games.
SEC. 4. AUTHORITY AND FUNCTIONS OF THE COMMISSION.
(a) Voluntary Standards.--(1) The Commission shall--
(A) during the 1-year period beginning on the date of the
enactment of this Act, and to the greatest extent practicable,
coordinate with the video game industry in the development of a
voluntary system for providing information concerning the
contents of video games to purchasers and users; and
(B) 1 year after the date of enactment of this Act--
(i) evaluate whether any voluntary standards
proposed by the video game industry are adequate to
warn purchasers and users about the violence or
sexually explicit content of video games; and
(ii) determine whether the voluntary industry
response is sufficient to adequately warn parents and
users of the violence or sex content of video games.
(2) If before the end of the 1-year period beginning on the date of
the enactment of this Act, the Commission makes a determination of
adequate industry response under paragraph (1)(B)(ii) and a
determination that sufficient voluntary standards are established, the
Commission shall--
(A) submit a report of such determinations and the reasons
therefor to the President and the Congress; and
(B) terminate in accordance with section 3(i)(2).
(b) Regulatory Authority.--Effective on and after the date
occurring 1 year after the date of the enactment of this Act the
Commission may promulgate regulations requiring manufacturers and
sellers of video games to provide adequate information relating to
violence or sexually explicit content of such video games to purchasers
and users.
SEC. 5. ANTITRUST EXEMPTION.
The antitrust laws as defined in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 45) and the law of unfair
competition under section 5 of the Federal Trade Commission Act (15
U.S.C. 45) shall not apply to any joint discussion, consideration,
review, action, or agreement by or among persons in the video game
industry for the purpose of, and limited to, developing and
disseminating voluntary guidelines designed to provide appropriate
information regarding the sex or violence content of video games to
purchasers of video games at the point of sale or initial use or other
users of such video games. The exemption provided for in this
subsection shall not apply to any joint discussion, consideration,
review, action, or agreement which results in a boycott of any person. | Video Game Rating Act of 1994 - Establishes the Interactive Entertainment Rating Commission to: (1) coordinate with the video game industry in the development of a voluntary standard for providing information to purchasers and users concerning the contents of video games; (2) evaluate whether any standards proposed are adequate to warn purchasers and users of the violent or sexually explicit content of such games; and (3) report to the President and the Congress regarding the adequacy of the industry's response.
Provides Commission funding through December 31, 1996. Directs the Commission to set a reasonable user fee calculated to be sufficient to reimburse the United States for all sums so appropriated. Terminates the Commission on the earlier of such date or 90 days after submission of its report.
Provides an antitrust exemption for any actions taken by the video game industry in developing such guidelines. | {"src": "billsum_train", "title": "Video Game Rating Act of 1994"} | 1,465 | 174 | 0.53862 | 1.519284 | 0.73161 | 3.860606 | 8.406061 | 0.890909 |
SECTION 1. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the employee health insurance expenses credit
determined under this section is an amount equal to the sum of--
``(1) the expense amount described in subsection (b), and
``(2) the expense amount described in subsection (c),
paid by the taxpayer during the taxable year.
``(b) Subsection (b) Expense Amount.--For purposes of this
section--
``(1) In general.--The expense amount described in this
subsection is the applicable percentage of the amount of
qualified employee health insurance expenses of each qualified
employee.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is equal to--
``(A) 25 percent in the case of self-only coverage,
and
``(B) 35 percent in the case of family coverage (as
defined in section 220(c)(5)).
``(3) Per employee dollar limitation.--The amount of
qualified employee health insurance expenses taken into account
under paragraph (1) with respect to any qualified employee for
any taxable year shall not exceed--
``(A) $750 in the case of self-only coverage, and
``(B) $2,450 in the case of family coverage (as so
defined).
``(c) Subsection (c) Expense Amount.--For purposes of this
section--
``(1) In general.--The expense amount described in this
subsection is, with respect to any taxable year during which a
small employer pays qualified employee health insurance
expenses for the applicable coverage percentage of the eligible
qualified employees of the small employer, the applicable
percentage of the amount of qualified employee health insurance
expenses of each qualified employee.
``(2) Applicable coverage percentage; applicable
percentage.--For purposes of paragraph (1), the applicable
coverage percentage and applicable percentage shall be
determined under the following table:
Applicable
``Applicable coverage percentage: percentage:
At least 70 but not more than 80 percent...... 10 percent
At least 80 but not more than 90 percent...... 15 percent
At least 90 percent........................... 20 percent.
``(3) Eligible qualified employee.--For purposes of
paragraph (1), the term `eligible qualified employee' means any
qualified employee who is not provided health insurance
coverage during the taxable year under--
``(A) a health plan of the employee's spouse,
``(B) title XVIII, XIX, or XXI of the Social
Security Act,
``(C) chapter 17 of title 38, United States Code,
``(D) chapter 55 of title 10, United States Code,
``(E) chapter 89 of title 5, United States Code,
``(F) the Indian Health Care Improvement Act, or
``(G) any other provision of law.
``(d) Limitation Based on Wages.--
``(1) In general.--The percentage which would (but for this
subsection) be taken into account as the applicable percentage
for purposes of subsection (b)(2) or (c)(2) for the taxable
year shall be reduced (but not below zero) by the percentage
determined under paragraph (2).
``(2) Amount of reduction.--The percentage determined under
this paragraph is the percentage which bears the same ratio to
the percentage which would be so taken into account as--
``(A) the excess of--
``(i) the qualified employee's wages at an
annual rate during such taxable year, over
``(ii) $20,000, bears to
``(B) $5,000.
``(e) Definitions.--For purposes of this section--
``(1) Small employer.--
``(A) In general.--The term `small employer' means,
with respect to any calendar year, any employer if such
employer employed an average of 25 or fewer employees
on business days during either of the 2 preceding
calendar years. For purposes of the preceding sentence,
a preceding calendar year may be taken into account
only if the employer was in existence throughout such
year.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the 1st preceding calendar year,
the determination under subparagraph (A) shall be based
on the average number of employees that it is
reasonably expected such employer will employ on
business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(3) Qualified employee.--
``(A) In general.--The term `qualified employee'
means, with respect to any period, an employee of an
employer if the total amount of wages paid or incurred
by such employer to such employee at an annual rate
during the taxable year exceeds $5,000 but does not
exceed $25,000.
``(B) Treatment of certain employees.--For purposes
of subparagraph (A), the term `employee'--
``(i) shall not include an employee within
the meaning of section 401(c)(1), and
``(ii) shall include a leased employee
within the meaning of section 414(n).
``(C) Wages.--The term `wages' has the meaning
given such term by section 3121(a) (determined without
regard to any dollar limitation contained in such
section).
``(D) Inflation adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2003, the $25,000 amount contained in
subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment under section 1(f)(3) for
the calendar year in which the taxable
year begins, determined by substituting
`calendar year 2002' for `calendar year
1992' in subparagraph (B) thereof.
``(ii) Rounding.--If any increase
determined under clause (i) is not a multiple
of $100, such amount shall be rounded to the
nearest multiple of $100.
``(f) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(g) Denial of Double Benefit.--No deduction or other credit under
any other provision of this chapter shall be allowed for that portion
of the qualified employee health insurance expenses paid for the
taxable year which is equal to the credit determined under subsection
(a).''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following:
``(16) the employee health insurance expenses credit
determined under section 45G.''.
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year ending before the date of the enactment
of section 45G.''.
(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:
``Sec. 45G. Employee health insurance
expenses.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2002. | Amends the Internal Revenue Code to allow small business employers a credit against income tax for employee health insurance expenses the employer pays or incurs.Sets forth formula for deriving amount of credit.Specifies that no amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account for purposes of determining the credit.Limits such credit to expenses paid for employees whose total annual wages exceed $5,000 but not $25,000, indexed for inflation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for employee health insurance expenses paid or incurred by the employer."} | 2,007 | 105 | 0.517576 | 1.227572 | 0.327696 | 2.670455 | 20.897727 | 0.829545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2016''.
SEC. 2. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--Congress finds that:
(1) Caregiving is an essential element of family life and a
vital service for children, the ill, the disabled, and the
elderly.
(2) The establishment of a caregiver credit would bolster
the economic prospects of unpaid caregivers and would provide
them with vital retirement security.
(3) The 2015 Annual Report of the Board of Trustees of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds concluded that the combined Trust Funds
will be able to pay scheduled benefits in full until 2034.
(4) While there is no immediate crisis, policy options
should be considered to extend OASDI solvency, including by
eradicating the gender wage gap, increasing overall employment,
or increasing the minimum wage.
(b) Sense of the Senate.--It is the sense of Senate that the United
States Congress must address the unfair exclusion of professional and
hardworking home care providers who are not eligible to receive Social
Security or Medicare because they provide paid care to a family member
with a disability under programs operated at the State and local level
for general health and welfare protection.
SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Sec. 235. (a) Definitions.--For purposes of this section--
``(1)(A) Subject to subparagraph (B), the term `qualifying
month' means, in connection with an individual, any month--
``(i) beginning after the date which is 60 months
prior to the date of the enactment of the Social
Security Caregiver Credit Act of 2016, and
``(ii) during which such individual was engaged for
not less than 80 hours in providing care to a dependent
relative without monetary compensation.
``(B) The term `qualifying month' does not include any
month ending after the date on which such individual attains
retirement age (as defined in section 216(l)).
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), or a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, who is under the age of 12, or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, a parent, sibling, aunt, or uncle (of
such individual or his or her spouse or domestic
partner), or such individual's spouse or domestic
partner, if such child, grandchild, niece, nephew,
parent, sibling, aunt, uncle, spouse, or domestic
partner is a chronically dependent individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least two of the activities of
daily living (described in subparagraph (B)) or
instrumental activities of daily living (described in
subparagraph (C)), and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living
or instrumental activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) means basic personal everyday activities,
including--
``(i) Eating.
``(ii) Bathing.
``(iii) Dressing.
``(iv) Toileting.
``(v) Transferring in and out of a bed or in and
out of a chair.
``(C) The `instrumental activities of daily living'
referred to in subparagraph (A) means activities related to
living independently in the community, including--
``(i) Meal planning and preparation.
``(ii) Managing finances.
``(iii) Shopping for food, clothing, or other
essential items.
``(iv) Performing essential household chores.
``(v) Communicating by phone or other form of
media.
``(vi) Traveling around and participating in the
community.
``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of
determining entitlement to and the amount of any monthly benefit for
any month after December 2016, or entitlement to and the amount of any
lump-sum death payment in the case of a death after such month, payable
under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such
individual shall be deemed to have been paid during each qualifying
month (in addition to wages or self-employment income actually paid to
or derived by such individual during such month) at an amount per month
equal to--
``(i) in the case of a qualifying month during which no
wages or self-employment income were actually paid to or
derived by such individual, 50 percent of the national average
wage index (as defined in section 209(k)(1)) for the second
calendar year preceding the calendar year in which such month
occurs; and
``(ii) in the case of any other qualifying month, the
excess of the amount determined under clause (i) over \1/2\ of
the wages or self-employment income actually paid to or derived
by such individual during such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``(c) Rules and Regulations.--
``(1) Not later than one year after the date of the
enactment of this section, the Commissioner of Social Security
shall promulgate such regulations as are necessary to carry out
this section and to prevent fraud and abuse with respect to the
benefits under this section, including regulations establishing
procedures for the application and certification requirements
described in paragraph (2).
``(2) A qualifying month shall not be taken into account
under this section with respect to an individual unless--
``(A) the individual submits to the Commissioner of
Social Security an application for benefits under this
section that includes--
``(i) the name and identifying information
of the dependent relative with respect to whom
the individual was engaged in providing care
during such month;
``(ii) if the dependent relative is not a
child under the age of 12, documentation from
the physician of the dependent relative
explaining why the dependent relative is a
chronically dependent individual; and
``(iii) such other information as the
Commissioner may require to verify the status
of the dependent relative; and
``(B) for every qualifying month or period of up to
12 consecutive qualifying months that occurs after the
first period of 12 consecutive qualifying months, the
individual certifies, in such form and manner as the
Commissioner shall require, that the information
provided in the individual's application for benefits
under this section has not changed.''.
(b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended--
(1) by striking ``and'' before ``230(b)(2)'' the first time
it appears; and
(2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''. | Social Security Caregiver Credit Act of 2016 This bill expresses the sense of the Senate that Congress must address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provided paid care to a family member with a disability under programs operated at the state and local level for general health and welfare protection. This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Such an individual shall be deemed to have been paid a wage (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. This bill shall not apply in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application. | {"src": "billsum_train", "title": "Social Security Caregiver Credit Act of 2016"} | 1,824 | 240 | 0.604661 | 1.777553 | 0.753311 | 5.674528 | 8.099057 | 0.948113 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``527 Fairness Act of 2005''.
SEC. 2. REPEAL OF AGGREGATE LIMIT ON CONTRIBUTIONS BY INDIVIDUALS.
(a) Repeal of Limit.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by striking
paragraph (3).
(b) Conforming Amendments.--
(1) Indexing.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended by striking ``(a)(3),'' each place it
appears in paragraphs (1)(B)(i), (1)(C), and (2)(B)(ii).
(2) Increase in limits for senate candidates facing wealthy
opponents.--Section 315(i)(1)(C) of such Act (2 U.S.C.
441a(i)(1)(C)) is amended--
(A) by amending clause (i) to read as follows:
``(i) 2 times the threshold amount, but not
over 4 times that amount, the increased limit
shall be 3 times the applicable limit;'';
(B) by amending clause (ii) to read as follows:
``(ii) 4 times the threshold amount, but
not over 10 times that amount, the increased
limit shall be 6 times the applicable limit;
and''; and
(C) in clause (iii)--
(i) by adding ``and'' at the end of
subclause (I),
(ii) by striking subclause (II), and
(iii) by redesignating subclause (III) as
subclause (II).
(3) Increase in limits for house candidates facing wealthy
opponents.--Section 315A(a)(1) of such Act (2 U.S.C. 441a-
1(a)(1)) is amended--
(A) by adding ``and'' at the end of subparagraph
(A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 3. REPEAL OF LIMIT ON AMOUNT OF PARTY EXPENDITURES ON BEHALF OF
CANDIDATES IN GENERAL ELECTIONS.
(a) Repeal of Limit.--Section 315(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) Notwithstanding'' and
inserting ``Notwithstanding'',
(B) by striking ``expenditures or limitations on''
and inserting ``amounts of expenditures or'', and
(C) by striking ``Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4)
of this subsection'' and inserting ``Federal office in
any amount''; and
(2) by striking paragraphs (2), (3), and (4).
(b) Conforming Amendments.--
(1) Indexing.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended--
(A) in paragraph (1)(B)(i), by striking ``(d),'';
and
(B) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting ``subsection
(b)''.
(2) Increase in limits for senate candidates facing wealthy
opponents.--Section 315(i) of such Act (2 U.S.C. 441a(i)(1)) is
amended--
(A) in paragraph (1)(C), as amended by section
2(b)(2)(C), by amending clause (iii) to read as
follows:
``(iii) 10 times the threshold amount, the
increased limit shall be 6 times the applicable
limit.'';
(B) in paragraph (2)(A) in the matter preceding
clause (i), by striking ``, and a party committee shall
not make any expenditure,'';
(C) in paragraph (2)(A)(ii), by striking ``and
party expenditures previously made''; and
(D) in paragraph (2)(B), by striking ``and a party
shall not make any expenditure''.
(3) Increase in limits for house candidates facing wealthy
opponents.--Section 315A(a) of such Act (2 U.S.C. 441a--1(a))
is amended--
(A) in paragraph (1), as amended by section
2(b)(3), by striking ``exceeds $350,000--'' and all
that follows and inserting the following: ``exceeds
$350,000, the limit under subsection (a)(1)(A) with
respect to the candidate shall be tripled.'';
(B) in paragraph (3)(A) in the matter preceding
clause (i), by striking ``, and a party committee shall
not make any expenditure,'';
(C) in paragraph (3)(A)(ii), by striking ``and
party expenditures previously made''; and
(D) in paragraph (3)(B), by striking ``and a party
shall not make any expenditure''.
SEC. 4. INCREASE IN CONTRIBUTION LIMITS FOR POLITICAL COMMITTEES.
(a) Contributions to Political Committees.--Section 315(a)(1)(C) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(C)) is
amended by striking ``$5,000'' and inserting ``$7,500''.
(b) Contributions Made by Multicandidate Committees.--Section
315(a)(2) of such Act (2 U.S.C. 441a(a)(2)) is amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$7,500'';
(2) in subparagraph (B), by striking ``$15,000'' and
inserting ``$25,000''; and
(3) in subparagraph (C), by striking ``$5,000'' and
inserting ``$7,500''.
SEC. 5. INDEXING OF ALL CONTRIBUTION LIMITS.
(a) In General.--Section 315(c)(1)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(c)(1)(B)) is amended to read as
follows:
``(B) Except as provided in subparagraph (C)--
``(i) in any calendar year after 2002--
``(I) a limitation established by subsection
(a)(1)(A), (a)(1)(B), (b), or (h) shall be increased by
the percent difference under subparagraph (A),
``(II) each amount so increased shall remain in
effect for the calendar year, and
``(III) if any amount after the adjustment made
under subclause (I) is not a multiple of $100, such
amount shall be rounded to the nearest multiple of
$100; and
``(ii) in any calendar year after 2006--
``(I) a limitation established by subsection
(a)(1)(C), (a)(1)(D), or (a)(2) shall be increased by
the percent difference under subparagraph (A),
``(II) each amount so increased shall remain in
effect for the calendar year, and
``(III) if any amount after the adjustment made
under subclause (I) is not a multiple of $100, such
amount shall be rounded to the nearest multiple of
$100.''.
(b) Period of Increase.--Section 315(c)(1)(C) of such Act (2 U.S.C.
441a(c)(1)(C)), as amended by section 2(b)(1), is amended by striking
``subsections (a)(1)(A), (a)(1)(B), and (h)'' and inserting
``subsections (a) and (h)''.
(c) Determination of Base Year.--Section 315(c)(2)(B) of such Act
(2 U.S.C. 441a(c)(2)(B)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) for purposes of subsections (a)(1)(C),
(a)(1)(D), and (a)(2), calendar year 2005.''.
SEC. 6. PERMITTING TRANSFERS BETWEEN LEADERSHIP COMMITTEES AND NATIONAL
PARTY COMMITTEES.
Section 315(a)(4) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(4)) is amended--
(1) by striking ``(4)'' and inserting ``(4)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) The limitations on contributions contained in paragraphs (1)
and (2) do not apply to transfers between a leadership committee of an
individual holding Federal office and political committees established
and maintained by a national political party. For purposes of the
previous sentence, the term `leadership committee' means, with respect
to an individual holding Federal office, an unauthorized political
committee which is associated with such individual but which is not
affiliated with any authorized committee of such individual.''.
SEC. 7. INCREASE IN THRESHOLD OF CONTRIBUTIONS AND EXPENDITURES
REQUIRED FOR DETERMINING TREATMENT AS POLITICAL
COMMITTEE.
(a) In General.--Section 301(4)(A) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(4)(A)) is amended by striking ``$1,000'' each
place it appears and inserting ``$10,000''.
(b) Local Political Party Committees.--
(1) Contributions received.--Section 301(4)(C) of such Act
(2 U.S.C. 431(4)(C)) is amended by striking ``$5,000'' each
place it appears and inserting ``$10,000''.
(2) Contributions or expenditures made.--Section 301(4)(C)
of such Act (2 U.S.C. 431(4)(C)) is amended by striking
``$1,000'' each place it appears and inserting ``$10,000''.
SEC. 8. PROHIBITING CONTRIBUTIONS AND DONATIONS TO SECTION 527
ORGANIZATIONS BY FOREIGN NATIONALS.
(a) In General.--Section 319(a)(1) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441e(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) a contribution or donation to an organization
described in section 527 of the Internal Revenue Code
of 1986; or''.
(b) Conforming Amendment Regarding Solicitation of Funds.--Section
319(a)(2) of such Act (2 U.S.C. 441e(a)(2)) is amended by striking
``(A) or (B)'' and inserting ``(A), (B), or (C)''.
SEC. 9. REQUIRING SECTION 527 ORGANIZATIONS TO SUBMIT REPORTS UNDER
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
Section 304(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by adding at the end the following new
paragraph:
``(13)(A) Except as provided in subparagraph (B), each organization
described in section 527 of the Internal Revenue Code of 1986 shall
submit a report under this section in the same manner, under the same
terms and conditions, and at the same times applicable to a political
committee which is not an authorized committee of a candidate or a
national committee of a political party.
``(B) Subparagraph (A) does not apply to an organization described
in section 527(j)(5)(B) of the Internal Revenue Code of 1986 (relating
to a State or local committee of a political party or political
committee of a State or local candidate).''.
SEC. 10. PERMITTING EXPENDITURES FOR ELECTIONEERING COMMUNICATIONS BY
CERTAIN ORGANIZATIONS.
(a) Permitting Organizations to Make Expenditures for Certain
Targeted Electioneering Communications.--Section 316(c) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441b(c)) is amended by striking
paragraph (6).
(b) Expanding Types of Organizations Eligible to Make
Expenditures.--
(1) In general.--Section 316(c) of such Act (2 U.S.C.
441b(c)) is amended by striking ``section 501(c)(4)
organization'' each place it appears in paragraphs (2), (3)(B),
and (4)(A) (in the matter preceding clause (i)) and inserting
``section 501(c)(4), (5), or (6) organization''.
(2) Definition.--Section 316(c)(4)(A)(i) of such Act (2
U.S.C. 441b(c)(4)(A)(i)) is amended by striking ``section
501(c)(4) of the Internal Revenue Code of 1986'' and inserting
``paragraph (4), (5), or (6) of section 501(c) of the Internal
Revenue Code of 1986''.
(c) Clarification of Effect on Tax Treatment of Expenditures.--
Section 316(c)(5) of such Act (2 U.S.C. 441b(c)(5)) is amended by
striking the period at the end and inserting the following: ``, or to
affect the treatment under such Code of any expenditures described in
section 527(e) of such Code which are made by a section 501(c)(4), (5),
or (6) organization.''.
SEC. 11. EXPANDING ABILITY OF CORPORATIONS AND LABOR ORGANIZATIONS TO
COMMUNICATE WITH MEMBERS.
(a) Types of Communications Permitted.--Section 316(b)(4)(B) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(B)) is
amended by striking ``only by mail addressed'' and inserting ``only by
communications addressed or otherwise delivered''.
(b) Solicitations by Trade Associations.--Section 316(b)(4)(D) of
such Act (2 U.S.C. 441b(b)(4)(D)) is amended by striking ``to the
extent that'' and all that follows and inserting a period.
SEC. 12. PERMITTING STATE AND LOCAL POLITICAL PARTIES TO USE NONFEDERAL
FUNDS FOR VOTER REGISTRATION AND SAMPLE BALLOTS.
(a) In General.--Section 301(20) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(20)) is amended--
(1) in subparagraph (A), by striking clause (i) and
redesignating clauses (ii) through (iv) as clauses (i) through
(iii); and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``subparagraph
(A)(i) or (ii)'' and inserting ``subparagraph (A)(i)'';
(B) by striking ``and'' at the end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting a semicolon; and
(D) by adding at the end the following new clauses:
``(v) voter registration activities; and
``(vi) the costs incurred with the
preparation of a sample ballot for an election
in which a candidate for Federal office and a
candidate for State or local office appears on
the ballot.''.
(b) Conforming Amendments.--(1) Section 304(f)(3)(B)(iv) of such
Act (2 U.S.C. 434(f)(3)(B)(iv)) is amended by striking ``section
301(20)(A)(iii)'' and inserting ``section 301(20)(A)(ii)''.
(2) Section 323 of such Act (2 U.S.C. 441i) is amended--
(A) in subsection (b)(2)(A), by striking ``clause (i) or
(ii)'' and inserting ``clause (i)'';
(B) in subsection (e)(4), by striking ``clauses (i) and
(ii)'' each place it appears in subparagraphs (A) and (B) and
inserting ``clause (i)''; and
(C) in subsection (f)(1), by striking ``section
301(20)(A)(iii)'' and inserting ``section 301(20)(A)(ii)''.
SEC. 13. CLARIFICATION OF AUTHORIZATION OF FEDERAL CANDIDATES AND
OFFICEHOLDERS TO ATTEND FUNDRAISING EVENTS FOR STATE OR
LOCAL POLITICAL PARTIES.
Section 323(e)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441i(e)(3)) is amended by striking ``speak,'' and inserting
``speak without restriction or regulation,''.
SEC. 14. MODIFICATION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Section 301(22) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the
following new sentence: ``Such term shall not include communications
over the Internet.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 15. TREATMENT OF CANDIDATE COMMUNICATIONS CONTAINING ENDORSEMENT
BY FEDERAL CANDIDATE OR OFFICEHOLDER.
(a) In General.--Section 315(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
``(9)(A) For purposes of paragraph (7)(C), a disbursement for an
electioneering communication which refers to a candidate for Federal
office shall not be treated as a disbursement which is coordinated with
such candidate solely on the ground that the communication contains a
State or local endorsement or (in the case of a communication
containing a State or local endorsement) that the candidate reviewed,
approved, or otherwise participated in the preparation and
dissemination of the communication.
``(B) In subparagraph (A), the term `State or local endorsement'
means, with respect to a candidate for Federal office--
``(i) an endorsement by such candidate of a candidate for
State or local office or of another candidate for Federal
office; or
``(ii) a statement of the position of such candidate on a
State or local ballot initiative or referendum.''.
(b) Conforming Amendment.--Section 315(a)(7)(C)(ii) of such Act (2
U.S.C. 441a(a)(7)(C)(ii)) is amended by striking ``such disbursement''
and inserting ``subject to paragraph (9), such disbursement''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 16. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions and amendments to any person or circumstance, shall not be
affected by the holding.
SEC. 17. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
take effect January 1, 2006. | 527 Fairness Act of 2005 - (Sec. 2) Amends the Federal Election Campaign Act of 1971 to repeal the aggregate limit on contributions by individuals.
Revises the rules for increased contributions limits regarding House and Senate candidates facing wealthy opponents, to apply to such contributions certain additional limits on the time period for accepting them, and their total amount, which are currently waived when such contributions are made under increased limits.
(Sec. 3) Repeals the limit on the amount of coordinated party expenditures on behalf of candidates in general elections.
(Sec. 4) Increases from $5,000 to $7,500 the limits on contributions to or by multicandiate political committees (PACs). Increases from $15,000 to $25,000 the limits on PAC contributions to national party committees.
(Sec. 5) Indexes for inflation all contribution limits for PACs and for state party committees.
(Sec. 6) Exempts from specified contribution limits (thus permitting) transfers to national party committees from leadership committees (leadership PACS, or political committees supporting but not authorized by an individual holding federal office).
(Sec. 7) Increases from $1,000 to $10,000 the threshold minimum per year of contributions and expenditures determining whether a political organization is required to register with and report to the Federal Election Commission (FEC) as a political committee.
(Sec. 8) Prohibits foreign nationals from making contributions and donations to "section 527 organizations." (A 527 organization, as defined by section 527 of the Internal Revenue Code, is an organization, not controlled by or involving a particular candidate for office, whose function is to influence or attempt to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization.)
(Sec. 9) Requires such organizations to submit reports to the FEC under such Act under the same terms and conditions, and at the same times, as federal political committees.
(Sec. 10) Repeals the prohibition (known as the Wellstone Amendment) against (thus permitting) expenditures for targeted electioneering communications by certain civic organizations, trade associations, and labor organizations.
(Sec. 11) Allows corporate and labor union PACs to solicit political contributions from members by communications of any sort (including fax machines or email; currently, only by mail). Repeals the requirement of prior written approval for solicitations of a restricted class by trade association PACs, and repeals the limitation of such solicitations to one trade association only.
(Sec. 12) Allows State and local political parties to use nonfederal funds for voter registration and sample ballots.
(Sec. 13) Modifies the authorization of federal candidates and officeholders attending fundraising events for state or local political parties to speak at such events. Allows such candidates and officeholders to speak without restriction.
(Sec. 14) Modifies the definition of public communication to exclude communications over the Internet from regulation under federal campaign finance laws.
(Sec. 15) Provides that a disbursement for an electioneering communication which refers to a candidate for federal office shall not be treated as a disbursement coordinated with such candidate (thus requiring payment with federal "hard" dollars) soley on the grounds that it contains a state or local endorsement, including endorsement of a position on a ballot initiative or referendum, or (in the case of a communication containing such an endorsement) that the candidate reviewed, approved, or otherwise participated in the preparation and dissemination of the communication. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to repeal the limit on the aggregate amount of campaign contributions that may be made by individuals during an election cycle, to repeal the limit on the amount of expenditures political parties may make on behalf of their candidates in general elections for Federal office, to allow State and local parties to make certain expenditures using nonfederal funds, to restore certain rights to exempt organizations under the Internal Revenue Code of 1986, and for other purposes."} | 4,898 | 796 | 0.516814 | 1.693514 | 0.616768 | 2.470501 | 5.485251 | 0.836283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``European Security Act of 1997''.
SEC. 2. STATEMENTS OF POLICY.
The Congress declares the following to be the policy of the United
States:
(1) Policy with respect to nato enlargement.--(A) The
emerging democracies in Central and Eastern Europe that will be
invited to begin accession negotiations with the North Atlantic
Treaty Organization (NATO) at the NATO summit in Madrid on July
8 and 9, 1997, should not be the last such countries invited to
join NATO.
(B) The United States should seek to ensure that the NATO
leaders assembled in Madrid agree on a process whereby all
other emerging democracies in Central and Eastern Europe that
wish to join NATO will be considered for membership in NATO as
soon as they meet the criteria for such membership set forth in
the NATO Participation Act of 1994 (title II of Public Law 103-
447; 22 U.S.C. 1928 note).
(2) Policy with respect to the nato-russia charter and
adaptation of the cfe treaty.--(A) NATO enlargement should be
carried out in such a manner as to underscore the Alliance's
defensive nature and demonstrate to Russia that NATO
enlargement will enhance the security of all countries in
Europe, including Russia. Accordingly, the United States and
its NATO Allies should make this intention clear in the
negotiation of the NATO-Russia Charter and adaptation of the
Conventional Armed Forces in Europe (CFE) Treaty of November
19, 1990.
(B) In seeking to demonstrate to Russia NATO's defensive
and security-enhancing intentions, it is essential that neither
fundamental United States security interests in Europe nor the
effectiveness and flexibility of NATO as a defensive alliance
be jeopardized. In particular, no commitments should be made
that would have the effect of--
(i) extending rights or imposing responsibilities
on new NATO members different from those applicable to
current NATO members, including with respect to the
deployment of nuclear weapons and the stationing of
troops and equipment from other NATO members;
(ii) limiting the ability of NATO to defend the
territory of new NATO members by, for example,
restricting the construction of defense infrastructure
or limiting the ability of NATO to deploy
reinforcements when necessary;
(iii) providing any international organization, or
any country that is not a member of NATO, with
authority to review, delay, veto, or otherwise impede
deliberations and decisions of the North Atlantic
Council or the implementation of such decisions,
including with respect to the deployment of NATO forces
or the admission of additional members to NATO; or
(iv) impeding the development of enhanced relations
between NATO and other European countries that do not
belong to the Alliance by, for example, recognizing
spheres of influence in Europe.
(C) In order to enhance security and stability in Europe,
the NATO-Russia Charter should include commitments from the
Russian Federation--
(i) to demarcate all its borders with neighboring
states;
(ii) to station its armed forces on the territory
of other states only with the consent of such states
and in strict accordance with international law; and
(iii) to take steps to reduce nuclear and
conventional forces in Kaliningrad.
(D) As the ongoing negotiations on adaptation of the
Conventional Armed Forces in Europe (CFE) Treaty proceed, the
United States should engage in close and continuous
consultations not only with its NATO allies, but also with the emerging
democracies of Central and Eastern Europe, Ukraine, and the newly
independent states of the Caucasus region.
(3) Policy with respect to ballistic missile defense
cooperation with russia.--(A) As the United States proceeds
with efforts to develop defenses against ballistic missile
attack, it should seek to foster a climate of cooperation with
Russia on matters related to missile defense. In particular,
the United States and its NATO allies should seek to cooperate
with Russia in such areas as early warning and technical
aspects of ballistic missile defense.
(B) Even as the Congress seeks to promote ballistic missile
defense cooperation with Russia, it must insist on its
constitutional prerogatives regarding consideration of arms
control agreements with Russia that bear on ballistic missile
defense.
SEC. 3. AUTHORITIES RELATING TO NATO ENLARGEMENT.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2(1).
(b) Designation of Additional Countries Eligible for NATO
Enlargement Assistance.--
(1) Designation of additional countries.--
(A) In general.--Subject to subparagraph (B), not
later than 180 days after the date of the enactment of
this Act, the President shall, pursuant to section
203(d)(2) of the NATO Participation Act of 1994,
designate additional emerging democracies in Central
and Eastern Europe that, as of the date of the
enactment of this Act, have not been designated as
eligible to receive assistance under the program
established under section 203(a) of such Act.
(B) Exception.--The requirement to designate
additional emerging democracies in Central and Eastern
Europe under subparagraph (A) shall not apply and shall
become a requirement to designate one or more such
additional emerging democracies if the President
certifies to the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate that such additional
emerging democracies are the only additional emerging
democracies that meet the criteria for designation set
forth in section 203(d)(3) of the NATO Participation
Act of 1994; and, in addition, the requirement to
designate additional emerging democracies under
subparagraph (A) shall not apply if the President
certifies to such Committees that no such additional
emerging democracies meet the criteria for designation
set forth in section 203(d)(3) of such Act.
(2) Rule of construction.--The designation of countries
pursuant to paragraph (1) as eligible to receive assistance
under the program established under section 203(a) of the NATO
Participation Act of 1994--
(A) is in addition to the designation of other
countries by law or pursuant to section 203(d)(2) of
such Act as eligible to receive assistance under the
program established under section 203(a) of such Act;
and
(B) shall not preclude the designation by the
President of other emerging democracies in Central and
Eastern Europe pursuant to section 203(d)(2) of such
Act as eligible to receive assistance under the program
established under section 203(a) of such Act.
(3) Sense of the congress.--It is the sense of the Congress
that Romania, Estonia, Latvia, and Lithuania--
(A) are to be commended for their progress toward
political and economic liberty and meeting the
guidelines for prospective NATO members;
(B) would make an outstanding contribution to
furthering the goals of NATO and enhancing stability,
freedom, and peace in Europe should they become NATO
members; and
(C) upon complete satisfaction of all relevant
criteria should be invited to become full NATO members
at the earliest possible date.
(c) Regional Airspace Initiative and Partnership for Peace
Information Management System.--
(1) In General.--Funds described in paragraph (2) are
authorized to be made available to support the implementation
of the Regional Airspace Initiative and the Partnership for
Peace Information Management System, including--
(A) the procurement of items in support of these
programs; and
(B) the transfer of such items to countries
participating in these programs.
(2) Funds described.--Funds described in this paragraph are
funds that are available--
(A) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(B) during fiscal year 1998 under any Act to carry
out the Warsaw Initiative.
(d) Extension of Authority Regarding Excess Defense Articles.--
Section 105 of Public Law 104-164 (110 Stat. 1427) is amended by
striking ``1996 and 1997'' and inserting ``1997, 1998, and 1999''.
(e) Conforming Amendments to the NATO Participation Act of 1994.--
Section 203(c) of the NATO Participation Act of 1994 is amended--
(1) in paragraph (1), by striking ``, without regard to the
restrictions'' and all that follows and inserting a period;
(2) by striking paragraph (2);
(3) in paragraph (8)--
(A) by striking ``any restrictions in sections 516
and 519'' and inserting ``section 516(e)'';
(B) by striking ``as amended,''; and
(C) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(4) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively.
SEC. 4. AUTHORITIES RELATING TO THE TREATY ON CONVENTIONAL ARMED FORCES
IN EUROPE.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2(2).
(b) Authority to Approve the CFE Flank Agreement.--The President is
authorized to approve on behalf of the United States the Document
Agreed Among States Parties to the Treaty on Conventional Armed Forces
in Europe of November 19, 1990, signed in Vienna, Austria on May 31,
1996, concerning the resolution of issues related to the Conventional
Armed Forces in Europe (CFE) Treaty flank zone.
(c) Sense of Congress With Respect to CFE Adaptation.--It is the
sense of Congress that any revisions to the Treaty on Conventional
Armed Forces in Europe that may be agreed in the ongoing CFE adaptation
negotiations can enter into force only if those revisions are
specifically approved in a manner described in section 33(b) of the
Arms Control and Disarmament Act (22 U.S.C. 2573(b)), and no such
approval will be provided to any revisions to that Treaty that
jeopardize fundamental United States security interests in Europe or
the effectiveness and flexibility of NATO as a defensive alliance by--
(1) extending rights or imposing responsibilities on new
NATO members different from those applicable to current NATO
members, including with respect to the deployment of nuclear
weapons and the stationing of troops and equipment from other
NATO members;
(2) limiting the ability of NATO to defend the territory of
new NATO members by, for example, restricting the construction
of defense infrastructure or limiting the ability of NATO to
deploy reinforcements when necessary;
(3) providing any international organization, or any
country that is not a member of NATO, with authority to review,
delay, veto, or otherwise impede deliberations and decisions of
the North Atlantic Council or the implementation of such
decisions, including with respect to the deployment of NATO
forces or the admission of additional members to NATO; or
(4) impeding the development of enhanced relations between
NATO and other European countries that do not belong to the
Alliance by, for example, recognizing spheres of influence in
Europe.
SEC. 5. BALLISTIC MISSILE DEFENSE COOPERATIVE PROJECTS WITH RUSSIA.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2(3)(A).
(b) Establishment of Program of Ballistic Missile Defense
Cooperation With Russia.--The Secretary of Defense shall carry out a
program of cooperative ballistic missile defense-related projects with
the Russian Federation.
(c) Conduct of Program.--The program of cooperative ballistic
missile defense-related projects with the Russian Federation under
subsection (b) may include (but is not limited to) projects in the
following areas:
(1) Cooperation between the United States and the Russian
Federation with respect to early warning of ballistic missile
launches, including the sharing of information on ballistic
missile launches detected by either the United States or the
Russian Federation, formalization of an international launch
notification regime, and establishment of a joint global
warning center.
(2) Technical cooperation in research, development, test,
and production of technology and systems for ballistic missile
defense.
(3) Conduct of joint ballistic missile defense exercises.
(4) Planning for cooperation in defense against ballistic
missile threats aimed at either the United States or the
Russian Federation.
(d) Joint Working Group.--The President should seek to establish
with the Russian Federation a joint working group to examine the
potential for mutual accommodation of outstanding issues between the
two nations on matters relating to ballistic missile defense and the
Anti-Ballistic Missile Treaty of 1972, including the possibility of
developing a strategic relationship not based on mutual nuclear
threats.
(e) Annual Report.--Not later than March 1 each year, the President
shall submit to the Congress a report on the cooperative program under
this section. Each such report shall include the following:
(1) A description of the conduct of the program during the
preceding fiscal year, including a description of the projects
carried out under the program.
(2) A description of the activities of the joint working
group under subsection (d) during the preceding fiscal year.
(3) A description of the funding for the program during the
preceding fiscal year and the year during which the report is
submitted and the proposed funding for the program for the next
fiscal year.
SEC. 6. RESTRICTION ON ENTRY INTO FORCE OF ABM/TMD DEMARCATION
AGREEMENTS.
(a) Policy of Section.--This section is enacted in order to
implement the policy set forth in section 2(3)(B).
(b) Restriction.--An ABM/TMD demarcation agreement shall not be
binding on the United States, and shall not enter into force with
respect to the United States, unless, after the date of the enactment
of this Act, that agreement is specifically approved in a manner
described in section 33(b) of the Arms Control and Disarmament Act (22
U.S.C. 2573(b)).
(c) Sense of Congress With Respect to Demarcation Agreements.--
(1) Opposition to multilateralization of abm treaty.--It is
the sense of the Congress that until the United States has
taken the steps necessary to ensure that the ABM Treaty remains
a bilateral treaty between the United States and the Russian
Federation (such state being the only successor state of the
Union of Soviet Socialist Republics that has deployed or
realistically may deploy an anti-ballistic missile defense
system) no ABM/TMD demarcation agreement will be considered for
approval for entry into force with respect to the United States
(any such approval, as stated in subsection (b), to be
effective only if provided in a manner described in section
33(b) of the Arms Control and Disarmament Act (22 U.S.C.
2573(b))).
(2) Preservation of u.s. theater ballistic missile defense
potential.--It is the sense of the Congress that no ABM/TMD
demarcation agreement that would reduce the potential of United
States theater missile defense systems to defend the Armed
Forces of the United States abroad or the armed forces or
population of allies of the United States will be approved for
entry into force with respect to the United States (any such
approval, as stated in subsection (b), to be effective only if
provided in a manner described in section 33(b) of the Arms
Control and Disarmament Act (22 U.S.C. 2573(b))).
(d) ABM/TMD Demarcation Agreement Defined.--For the purposes of
this section, the term ``ABM/TMD demarcation agreement'' means an
agreement that establishes a demarcation between theater ballistic
missile defense systems and strategic anti-ballistic missile defense
systems for purposes of the ABM Treaty, including the following:
(1) The agreement concluded by the Standing Consultative
Commission on June 24, 1996, concerning lower velocity theater
missile defense systems.
(2) The agreement concluded (or to be concluded) by the
Standing Consultative Commission concerning higher velocity
theater missile defense systems, based on the Joint Statement
Concerning the Anti-Ballistic Missile Treaty issued on March
21, 1997, at the conclusion of the Helsinki Summit.
(3) Any agreement similar to the agreements identified in
paragraphs (1) and (2).
(e) ABM Treaty Defined.--For purposes of this section, the term
``ABM Treaty'' means the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Limitation of Anti-
Ballistic Missile Systems, signed at Moscow on May 26, 1972 (23 UST
3435), and includes the Protocols to that Treaty, signed at Moscow on
July 3, 1974 (27 UST 1645). | European Security Act of 1997 - Directs the President to designate additional emerging democracies in Central and Eastern Europe which meet specified criteria and that have not been designated as eligible to receive assistance under the NATO Participation Act of 1994.
(Sec. 3) Expresses the sense of the Congress that: (1) Romania, Estonia, Latvia, and Lithuania are to be commended for their progress toward political and economic liberty and meeting the guidelines for prospective NATO members; and (2) upon their complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date.
Makes funds under the NATO Participation Act of 1994 available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System.
Extends through FY 1999 the Department of Defense's authority to transfer excess defense articles to countries eligible to participate in the Partnership for Peace and eligible for assistance under the Support for East European Democracy (SEED) Act of 1989.
(Sec. 4) Authorizes the President to approve on behalf of the United States the Document Agreed Among States Parties to the Treaty on Conventional Armed Forces in Europe dated November 19, 1990, signed in Vienna, Austria, on May 31, 1996, concerning the resolution of issues related to the Conventional Armed Forces in Europe (CFE) Treaty flank zone. Expresses the sense of the Congress that any revisions to the Treaty on Conventional Armed Forces in Europe can enter into force only if specifically approved in a manner described under the Arms Control and Disarmament Act.
Prohibits approval of any Treaty revisions that jeopardize U.S. security interests in Europe, or the effectiveness and flexibility of NATO as a defensive alliance, by: (1) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including with respect to nuclear weapons deployment and the stationing of other NATO troops and equipment; (2) limiting NATO's ability to defend the territory of new NATO members by restricting defense infrastructure construction or limiting NATO's ability to deploy necessary reinforcements; (3) providing any international organization or any non-NATO country with authority to review, delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or their implementation, including with respect to NATO force deployment or the admission of additional members to NATO; or (4) impeding the development of enhanced relations between NATO and other non-NATO European countries by, for example, recognizing spheres of influence in Europe.
(Sec. 5) Directs the Secretary of Defense to carry out a program of cooperative ballistic missile defense-related projects with the Russian Federation. Urges the President to establish with the Russian Federation a joint working group to examine the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the Anti-Ballistic Missile Treaty of 1972, including the possibility of developing a strategic relationship not based on mutual nuclear threats.
(Sec. 6) Declares that an ABM-TMD (anti-ballistic missile-theater missile defense) demarcation agreement shall not be binding on the United States unless it is specifically approved in a manner described under the Arms Control and Disarmament Act. | {"src": "billsum_train", "title": "European Security Act of 1997"} | 3,657 | 710 | 0.743501 | 2.379433 | 0.600111 | 5.721232 | 5.421394 | 0.95624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping out Illegal Drugs Act of
2015'' or ``KIDs Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the fiduciary responsibility of the United States to
Indians includes protecting future generations of Indians from
the harmful effects of illegal drugs;
(2) testimony at numerous congressional hearings has
established that rampant drug abuse on Indian lands has had an
especially destructive impact on the lives and families of all
Native Americans, including Native Americans who do not use
drugs;
(3) the report entitled ``Rates of Substance Use of
American Indian Students in 8th, 10th, and 12th Grades Living
on or Near Reservations: Update, 2009-2012'', published by
Public Health Reports with funds from the National Institute on
Drug Abuse of the National Institutes of Health, indicates that
56.2 percent of eighth grade Native American children and 61.4
percent of tenth grade Native American children who attend
school on Indian lands had used marijuana, as compared to the
national average of 16.4 percent and 33.4 percent,
respectively;
(4) according to the Office of Juvenile Justice and
Delinquency Prevention, individuals who begin using an illegal
drug at a young age are far more likely than individuals who do
not begin using an illegal drug at a young age--
(A) to use other drugs;
(B) to be incarcerated; and
(C) to have a lower quality of life;
(5) according to the Substance Abuse and Mental Health
Services Administration, American Indians and Alaska Natives
experience some of the highest rates of substance use, as
compared to other racial and ethnic groups in the United
States;
(6) the National Institutes of Health have shown that
marijuana use--
(A) may cause permanent developmental damage to the
brain; and
(B) is linked to poor educational outcomes;
(7) the higher incidence of illegal drug use in Indian
country, as compared to the rest of the United States, has
directly contributed to higher levels of poverty and crime and
a lower life expectancy in Indian country;
(8) according to the Substance Abuse and Mental Health
Services Administration, in 2010, American Indians and Alaska
Natives had a 17.1 percent rate of drug-induced death, the
highest rate among other racial and ethnic groups in the United
States;
(9) according to the Centers for Disease Control and
Prevention report entitled ``CDC Health Disparities and
Inequalities Report-United States, 2013'', from 1999-2010,
American Indians and Alaska Natives aged between 30 and 40
years experienced the highest drug-induced death rate, as
compared to other racial and ethnic groups in the United
States; and
(10) Federal law already prohibits the production,
cultivation, manufacture, and distribution of marijuana.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian lands.--The term ``Indian lands'' has the
meaning given the term in section 3 of the Native American
Business Development, Trade Promotion, and Tourism Act of 2000
(25 U.S.C. 4302).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. PROHIBITION.
Notwithstanding any other provision of law, it is unlawful for an
Indian tribe or a tribal organization--
(1) to knowingly or intentionally cultivate, manufacture,
or distribute marijuana on Indian lands;
(2) to knowingly or intentionally allow the cultivation,
manufacture, or distribution of marijuana on Indian lands; or
(3) on discovery by the Indian tribe or tribal organization
that an individual or entity on Indian lands subject to the
jurisdiction of the Indian tribe or tribal organization is
cultivating, manufacturing, or distributing marijuana on Indian
lands--
(A) as applicable, to fail to prosecute, or notify
the appropriate Federal official regarding that
individual or entity; and
(B) to fail to destroy the relevant marijuana crop
in accordance with applicable Federal law.
SEC. 5. PENALTY.
(a) In General.--No funds authorized or appropriated by Federal law
shall be made available for any purpose to an Indian tribe or a tribal
organization if the Indian tribe or tribal organization is determined
to have violated section 4 during the period--
(1) beginning on the date on which the Indian tribe or
tribal organization violates section 4; and
(2) ending on the date on which the Indian tribe or tribal
organization has remedied the violation and achieved compliance
with this Act, as determined by the Attorney General of the
United States.
(b) Return of Funds Required.--
(1) In general.--An Indian tribe or tribal organization in
violation of section 4 shall return to the relevant Federal
agency any funds received during a period in which the Indian
tribe or tribal organization is in violation of this Act.
(2) No return of refunded funds.--Funds returned to a
Federal agency under paragraph (1) shall not be returned to the
Indian tribe or tribal organization upon compliance with this
Act. | Keeping out Illegal Drugs Act of 2015 or the KIDs Act of 2015 This bill prohibits any Indian tribe or a tribal organization from: (1) cultivating, manufacturing, or distributing marijuana on Indian lands; (2) knowingly or intentionally allowing the cultivation, manufacture, or distribution of marijuana on Indian lands; or (3) failing to prosecute, or to notify the appropriate federal official regarding, an individual or entity who is discovered to be cultivating, manufacturing, or distributing marijuana on Indian lands or failing to destroy the relevant marijuana crop in accordance with federal law. No funds authorized or appropriated by federal law shall be made available to an Indian tribe or a tribal organization determined to have violated this Act until such tribe or tribal organization has remedied the violation and achieved compliance with this Act. | {"src": "billsum_train", "title": "KIDs Act of 2015"} | 1,160 | 170 | 0.45055 | 1.284068 | 0.680089 | 4.901316 | 7.25 | 0.953947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Coastal National Monument
Expansion Act''.
SEC. 2. PURPOSES.
(a) Findings.--Congress finds the following:
(1) Presidential Proclamation Number 7264, dated January
11, 2000 (65 Fed. Reg. 2821), designated over 20,000 islands,
rocks, and pinnacles along the approximtely 1,100-mile
California coastline as the California Coastal National
Monument to protect the biological treasures situated offshore
on thousands of unappropriated or unreserved areas of land
owned or controlled by the Federal Government within 12
nautical miles of the shoreline.
(2) Presidential Proclamation Number 9089, dated March 11,
2014 (79 Fed. Reg. 14603), expanded the boundary of the
Monument to include 1,665 acres of Federal land administered by
the Bureau of Land Management along the Northern California
coastline in Mendocino County, commonly known as the ``Point
Arena-Stornetta Unit''.
(3) The Point Arena-Stornetta Unit is the first onshore
expansion of the Monument.
(4) Numerous governmental entities, community
organizations, businesses, and individuals have made
significant contributions to maintain the unique character,
management, and preservation of the individual parcels of
Federal land along the California coast.
(b) Purposes.--The purposes of this Act are--
(1) to protect, conserve, and enhance for the benefit and
enjoyment of present and future generations the nationally
significant historical, natural, cultural, scientific,
educational, and scenic values of the Federal land along and
adjacent to the shoreline of the State of California, and for
the purposes for which the Monument was designated; and
(2) to support the land management partnerships of the
Bureau of Land Management with the State of California, local
governments, communities, and stakeholders, and to enhance the
relationships those entities have with the Bureau of Land
Management and Federal land, as appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) the Federal land comprising approximately 13
acres in Humboldt County, California, identified as
``Trinidad Head'' on the map;
(B) the Federal land comprising approximately 5,780
acres in Santa Cruz County, California, identified as
``Cotoni-Coast Dairies Public Land'' on the map;
(C) the Federal land comprising approximately 20
acres in San Luis Obispo County, California, identified
as ``Piedras Blancas Light Station Outstanding Natural
Area'' on the map; and
(D) the Federal land comprising approximately 8
acres in Humboldt County, California, identified as
``Lighthouse Ranch'' on the map.
(2) Map.--The term ``map'' means the Bureau of Land
Management map entitled ``California Coastal National Monument
Addition'' and dated July 24, 2015.
(3) Monument.--The term ``Monument'' means the California
Coastal National Monument established by Presidential
Proclamation 7264.
(4) Presidential proclamation 7264.--The term
``Presidential Proclamation 7264'' means Presidential
Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg.
2821), creating the Monument.
(5) Presidential proclamation 9089.--The term
``Presidential Proclamation 9089'' means Presidential
Proclamation Number 9089, dated March 11, 2014 (79 Fed. Reg.
14603), expanding the Monument.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT.
(a) In General.--The boundary of the Monument is expanded to
include the Federal land.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall develop a map and
boundary description of the Federal land added to the Monument
by this Act.
(2) Force and effect.--The map and boundary description
developed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
may correct any minor errors in the map and boundary
descriptions.
(3) Availability of map and boundary description.--The map
and boundary description developed under paragraph (1) shall be
on file and available for public inspection in appropriate
offices of the Bureau of Land Management.
SEC. 5. ADMINISTRATION.
(a) In General.--Subject to valid existing rights and deed
restrictions in place as of the date of enactment of this Act, the
Secretary shall manage the Federal land added to the Monument by this
Act--
(1) as part of the Monument; and
(2) in accordance with Presidential Proclamations 7264 and
9089.
(b) Management Plan.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize an
amendment, or multiple amendments as applicable for the
individual Federal land areas, to the Monument management plan
for the long-term protection and management of the Federal land
added to the Monument by this Act.
(2) Requirements.--Any amendment under paragraph (1)
shall--
(A) be developed in consultation with, at a
minimum--
(i) affected State, tribal, and local
governments;
(ii) the public; and
(iii) interested Federal agencies;
(B) describe the appropriate uses and management of
the Federal land, consistent with this Act;
(C) contain individual plans and considerations
specific to each individual Federal land area;
(D) take into consideration existing uses of the
Federal land;
(E) include components regarding stewardship,
visitor services, facilities management and
maintenance, public access, traffic, public safety,
emergency services, and law enforcement;
(F) include a component regarding potential
education and interpretation activities, with
recognition of the specific character and history of
each Federal land area; and
(G) include a component regarding Native American
cultural resources management, with emphasis on the
preservation of resources within the individual Federal
land areas.
(3) Interim management.--Until the completion of the
management plan, the Secretary shall manage the Federal land in
accordance with the purposes described in section 2(b).
(c) Motorized and Mechanized Transport.--Except as needed for
emergency or authorized administrative purposes, in the Monument--
(1) motorized vehicle use shall be permitted only on
designated roads; and
(2) mechanized vehicle use shall be permitted only on roads
and trails designated for the use of those vehicles.
(d) Incorporation of Land and Interests.--
(1) Authority.--Except as provided in paragraph (3), the
Secretary may acquire non-Federal land or interests in land
within or adjacent to the Federal land added to the Monument by
this Act only through exchange, donation, or purchase from a
willing seller.
(2) Management.--Any land or interests in land within or
adjacent to the Federal land added to the Monument by this Act
acquired by the United States after the date of the enactment
of this Act shall be--
(A) added to and administered as part of the
Monument; and
(B) with respect to inclusion in the management
plan, taken into consideration through an appropriate
amendment to that plan.
(3) Exception.--An addition to the Cotoni-Coast Dairies
unit of Federal land referred to in section 3(1)(C) shall be
limited to the acreage contained within the boundary of the
Monument, as established by this Act.
(e) Existing Cooperative Management Agreements.--Any cooperative
management agreement in existence on the date of enactment of this Act
between the Federal land areas and other land management entities shall
not be affected due to the enactment of this Act.
(f) Cooperative Agreements With Local Governments and Entities.--To
better implement the management plan and to continue the successful
partnerships with local communities and land administered by the State
of California and other partners, the Secretary may enter into
cooperative agreements with the appropriate Federal, State, and local
agencies and organizations pursuant to section 307(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)).
(g) Withdrawals.--Subject to valid existing rights, all Federal
land within the Monument and all land and interests in land acquired
for the Monument by the United States after the date of the enactment
of this Act are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(h) Native American Uses and Interests.--
(1) In general.--The Secretary shall, to the maximum extent
permitted by law and in consultation with affected Indian
tribes, ensure the protection of Indian sacred sites and
traditional cultural properties in the Monument and provide
access by members of Indian tribes for traditional cultural and
customary uses, consistent with Public Law 95-341 (commonly
known as the ``American Indian Religious Freedom Act''; 42
U.S.C. 1996) and Executive Order 13007 (42 U.S.C. 1996 note;
relating to Indian sacred sites).
(2) Relationship to other rights.--Notwithstanding
paragraph (1), nothing in this Act enlarges, diminishes, or
modifies the rights of any Indian tribe or Indian religious
community.
(i) Buffer Zones.--
(1) In general.--The expansion of the Monument by this Act
is not intended to lead to the establishment of protective
perimeters or buffer zones around the Federal land included in
the Monument by this Act.
(2) Activities outside monument.--The fact that activities
outside the Monument can be seen or heard within the Federal
land added to the Monument by this Act shall not, of itself,
preclude those activities or uses up to the boundary of the
Monument.
(j) Grazing.--Nothing in this Act affects the grazing of livestock
within the Federal land described in section 3(1)(C).
(k) National Landscape Conservation System.--The Secretary shall
manage the Monument as part of the National Landscape Conservation
System.
SEC. 6. ADVISORY COUNCILS.
(a) Establishment.--Not less than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council for each unit of Federal land described in subparagraphs (A)
through (D) of section 3(1) within the Monument.
(b) Duties.--The advisory councils shall advise the Secretary with
respect to the preparation and implementation of the management plan
under section 5(b) (or amendments to an existing applicable management
plan) for each relevant unit of Federal land.
(c) Applicable Law.--The advisory councils shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) all other applicable laws (including regulations).
(d) Members.--Each advisory council shall include 7 members, to be
appointed by the Secretary, of whom, to the maximum extent
practicable--
(1) 1 shall be appointed after taking into consideration
the recommendations of the local county board of supervisors of
the applicable unit of Federal land; and
(2) 6 shall--
(A) reside within a reasonable proximity to the
applicable unit of Federal land; and
(B) demonstrate experience that reflects--
(i) the purposes for which the Monument was
established; and
(ii) the interest of the stakeholders that
are affected by the planning and management of
the unit of Federal land, which may include
stakeholders representing private land-
ownership, Native American interests,
environmental, recreational, economic, or other
non-Federal land interests.
(e) Representation.--The Secretary shall ensure that the
memberships of the advisory councils are fairly balanced with respect
to the points of view represented, and the functions to be performed,
by each advisory council.
(f) Quorum.--
(1) In general.--Four members of an advisory council shall
constitute a quorum.
(2) Unappointed members.--The operation of an advisory
committee shall not be affected if--
(A) a member has not yet been appointed to the
advisory committee; but
(B) a quorum has been attained.
(g) Chairperson and Procedures.--Each advisory council shall--
(1) elect a chairperson from among the members of the
advisory council; and
(2) establish such rules and procedures as the advisory
council determines to be necessary or appropriate.
(h) Service Without Compensation.--The members of each advisory
council shall serve without pay.
(i) Termination.--The advisory councils shall terminate--
(1) on the date that is 2 years after the date on which the
management plan (or amendment to an existing management plan)
is officially adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
(j) Existing Advisory Bodies.--The Secretary may elect not to
establish an advisory council for a unit of Federal land if a regularly
scheduled, organized public forum or entity exists--
(1) of which the Bureau of Land Management is an active or
leading participant; and
(2) that fulfills the duties described in subsection (b).
SEC. 7. ROCKS AND SMALL ISLANDS ALONG COAST OF ORANGE COUNTY,
CALIFORNIA.
(a) California Coastal National Monument.--The Act of February 18,
1931 (46 Stat. 1172, chapter 226), is amended by striking ``be, and the
same are hereby, temporarily reserved'' and all that follows through
``United States'' and inserting ``are part of the California Coastal
National Monument and shall be administered as part of the Monument''.
(b) Repeal of Reservation.--Section 31 of the Act of May 28, 1935
(49 Stat. 309, chapter 155), is repealed. | California Coastal National Monument Expansion Act This bill expands the boundary of the California Coastal National Monument to include specified federal lands in Humboldt, Santa Cruz, and San Luis Obispo Counties in California. The Department of the Interior shall amend the Monument management plan for the long-term protection and management of the federal land so added. Interior may acquire nonfederal land or interests within or adjacent to the added federal land only through exchange, donation, or purchase from a willing seller. Interior must ensure the protection of Indian sacred sites and traditional cultural properties in the Monument and provide access by members of Indian Tribes for traditional cultural and customary uses. The Monument shall be managed as part of the National Landscape Conservation System. Interior shall establish an advisory council for each unit of the added federal land to advise on the implementation of the management plan. Certain rocks, pinnacles, reefs, and islands in the Pacific Ocean within a mile of the coast of Orange County, California, are made part of the California Coastal National Monument, and their current temporary reservation is repealed. Likewise repealed is the lighthouse reservation with respect to the San Juan and San Mateo Rocks and the two rocks in the vicinity of Laguna Beach, off the coast of Orange County. | {"src": "billsum_train", "title": "California Coastal National Monument Expansion Act"} | 3,113 | 270 | 0.601044 | 1.780967 | 0.739504 | 3.835391 | 11.670782 | 0.855967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Mailbox Protection Act of
1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Internet has increasingly become a critical mode of
global communication and now presents unprecedented
opportunities for the development and growth of global commerce
and an integrated worldwide economy.
(2) In order for global commerce on the Internet to reach
its full potential, individuals and entities using the Internet
and other online services should be prevented from engaging in
activities that prevent other users and Internet service
providers from having a reasonably predictable, efficient, and
economical online experience.
(3) Unsolicited electronic mail can be an important
mechanism through which commercial vendors, nonprofit
organizations, and other providers of services recruit members,
advertise, and attract customers in the online environment.
(4) The receipt of unsolicited electronic mail may result
in undue monetary costs to recipients who cannot refuse to
accept such mail and who incur costs for the storage of such
mail, or for the time spent accessing, reviewing, and
discarding such mail, or for both.
(5) Unsolicited electronic mail sent in bulk may impose
significant monetary costs on the Internet service providers,
businesses, and educational and non-profit institutions that
carry and receive such mail, as there is a finite volume of
mail that such providers, businesses, and institutions can
handle at any one point in time. The sending of such mail is
increasingly and negatively affecting the quality of service
provided to customers of Internet service providers.
(6) While many senders of bulk unsolicited electronic mail
provide simple and reliable ways for recipients to reject (or
``opt-out'' of) receipt of unsolicited electronic mail from
such senders in the future, other senders provide no such
``opt-out'' mechanism, or refuse to honor the requests of
recipients not to receive electronic mail from such senders in
the future, or both.
(7) An increasing number of senders of bulk unsolicited
electronic mail purposefully disguise the source of such mail
so as to prevent recipients from responding to such mail
quickly and easily.
(8) Many senders of unsolicited electronic mail collect (or
``harvest'') electronic mail addresses of potential recipients
without the knowledge of their intended recipients and in
violation of the rules or terms of service of the fora from
which such addresses are collected.
(9) Because recipients of unsolicited electronic mail are
unable to avoid the receipt of such mail through reasonable
means, such mail may threaten the privacy of recipients. This
privacy threat is enhanced for recipients whose electronic mail
software or server alerts them to new mail as it arrives, as
unsolicited electronic mail thereby disrupts the normal
operation of the recipient's computer.
(10) In legislating against certain abuses on the Internet,
Congress and the States should be very careful to avoid
infringing in any way upon constitutionally protected rights,
including the rights of assembly, free speech, and privacy.
(11) In order to realize the full potential for online
electronic commerce, senders of bulk unsolicited electronic
mail should be required to abide by the requests of electronic
mail recipients, Internet service providers, businesses, and
educational and non-profit institutions to cease sending such
mail to such recipients, providers, businesses, and educational
and non-profit institutions.
SEC. 3. PROHIBITION ON CERTAIN ACTIVITIES THAT MISAPPROPRIATE THE
RESOURCES OF ONLINE SERVICE PROVIDERS.
(a) In General.--Whoever, in or affecting interstate or foreign
commerce--
(1) initiates the transmission of an unsolicited electronic
mail message from an unregistered or fictitious Internet
domain, or an unregistered or fictitious electronic mail
address, for the purpose of--
(A) preventing replies to such message through use
of a standard reply mechanism in the recipient's
electronic mail system; or
(B) preventing receipt of standard notices of non-
delivery;
(2) uses a computer program or other technical mechanism or
procedure to disguise the source of unsolicited electronic mail
messages for the purpose of preventing recipients, or recipient
interactive computer services, from implementing a mail
filtering tool to block the messages from reaching the intended
recipients;
(3) initiates the transmission of an unsolicited electronic
mail message and fails to comply with the request of the
recipient of the message, made to the sender or the listserver
as appropriate, to cease sending electronic messages to the
recipient in the future;
(4) distributes a collection or list of electronic mail
addresses, having been given prior notice that one or more of
the recipients identified by such addresses does not wish to
receive unsolicited electronic mail and knowing that the
recipient of such addresses intends to use such addresses for
the purpose of sending unsolicited electronic mail;
(5) initiates the transmission of an unsolicited electronic
mail message to a recipient despite having been given prior
notice (either directly or through a standard method developed,
adopted, or modified by an Internet standard setting
organization (such as the Internet Engineering Task Force or
the World Wide Web Consortium) to better facilitate pre-emptive
consumer control over bulk unsolicited electronic mail) that
the recipient does not wish to receive such messages;
(6) registers, creates, or causes to be created an Internet
domain or applies for, registers, or otherwise obtains the use
of an Internet electronic mail account for the sole or primary
purpose of initiating the transmission of an unsolicited
electronic mail message in contravention of paragraph (1) or
(2);
(7) directs an unsolicited electronic mail message through
the server of an interactive computer service to one or more
subscribers of the interactive computer service, knowing that
such action is in contravention of the rules of the interactive
computer service with respect to bulk unsolicited electronic
mail messages;
(8) knowing that such action is in contravention of the
rules of the interactive computer service concerned, accesses
the server of the interactive computer service and uses a
computer program to collect electronic mail addresses of
subscribers of the interactive computer service for the purpose
of sending such subscribers unsolicited electronic mail or
distributing such addresses knowing that the recipient of such
addresses intends to use such addresses for the purpose of
sending unsolicited electronic mail; or
(9) initiates the transmission of bulk unsolicited
electronic mail messages and divides the mailing of such
messages into smaller mailings for the purpose of circumventing
another provision of this Act,
shall be subject to a civil penalty of not more than $5,000 per
individual violation.
(b) Enforcement.--The Federal Trade Commission shall have the
authority to commence civil actions under subsection (a).
SEC. 4. RECOVERY OF CIVIL DAMAGES.
(a) In General.--Any person whose interactive computer service or
electronic mailbox is intentionally misused or infiltrated, or whose
requests for cessation of electronic mail messages have been ignored,
in violation of section 3 may in a civil action recover from the person
or entity which engaged in that violation such relief as may be
appropriate.
(b) Relief.--In an action under this section, appropriate relief
includes--
(1) such preliminary and other equitable or declaratory
relief as may be appropriate;
(2) actual monetary loss from a violation, statutory
damages of not more than $500 for each violation, and, if the
court finds that the defendant's actions were particularly
egregious, willful, or knowing violations of section 3, the
court may, in its discretion, increase the amount of an award
to an amount equal to not more than 10 times the amount
available hereunder; and
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
SEC. 5. STATE LAW.
Nothing in this Act shall be construed to prevent any State from
enforcing any State law that is consistent with this Act. No cause of
action may be brought and no liability may be imposed under any State
or local law that is inconsistent with this Act.
SEC. 6. FEDERAL TRADE COMMISSION STUDY INTO EFFECTS OF UNSOLICITED
ELECTRONIC MAIL.
Not later than 18 months after the date of enactment of this Act,
the Federal Trade Commission shall submit to Congress a report
detailing the effectiveness of, enforcement of, and the need, if any,
for Congress to modify the provisions of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Bulk unsolicited electronic mail message.--The term
``bulk unsolicited electronic mail message'' means any
substantially identical unsolicited electronic mail message
with 25 or more intended recipients.
(2) Electronic mail address.--
(A) In general.--The term ``electronic mail
address'' means a destination (commonly expressed as a
string of characters) to which electronic mail can be
sent or delivered.
(B) Inclusion.--In the case of the Internet, the
term ``electronic mail address'' may include an
electronic mail address consisting of a user name or
mailbox (commonly referred to as the ``local part'')
and a reference to an Internet domain (commonly
referred to as the ``domain part'').
(3) Initiates the transmission.--The term ``initiates the
transmission'', in the case an electronic mail message, refers
to the action of the original sender of the message and not to
any intervening computer service that may handle or retransmit
the message, unless the intervening computer service
retransmits the message with an intent to engage in activities
prohibited by this Act.
(4) Interactive computer service.--The term ``interactive
computer service'' has the meaning given that term in section
230(e)(2) of the Communications Act of 1934 (47 U.S.C.
230(e)(2)).
(5) Internet.--The term ``Internet'' has the meaning given
that term in section 230(e)(1) of the Communications Act of
1934 (47 U.S.C. 230(e)(1)).
(6) Internet domain.--The term ``Internet domain'' refers
to a specific computer system (commonly referred to as a
``host'') or collection of computer systems attached to or able
to be referenced from the Internet which are assigned a
specific reference point on the Internet (commonly referred to
as the ``Internet domain name'') and registered with an
organization recognized by the computer industry as a
registrant of Internet domains.
(7) Listserver.--The term ``listserver'' refers to a
computer program that provides electronic mailing list
management functions, including functions that allow
individuals to subscribe and unsubscribe to and from electronic
mailing lists.
(8) Mail filtering tool.--The term ``mail filtering tool''
means any computer program, procedure, or mechanism used by an
individual recipient or interactive computer service to block,
return, reroute, or otherwise screen or sort incoming
electronic mail messages.
(9) Server.--The term ``server'' refers to any computer
that provides support or services of any kind, including
electronic mailboxes, to other computers (commonly referred to
as ``clients'').
(10) Unsolicited electronic mail message.--The term
``unsolicited electronic mail message'' means any electronic
mail other than electronic mail sent by persons to others with
whom they have a prior relationship, including a prior business
relationship, or mail sent by a source to recipients where such
recipients, or someone authorized by them, have at any time
affirmatively requested to receive communications from that
source.
SEC. 8. EFFECTIVE DATE.
This provisions of this Act shall take effect 45 days after the
date of enactment of this Act. | Electronic Mailbox Protection Act of 1997 - Subjects to a $5,000 civil penalty any person who, in or affecting interstate or foreign commerce: (1) initiates the transmission of an unsolicited electronic mail message from an unregistered or fictitious electronic mail address to prevent replies through use of a standard reply mechanism in the recipient's electronic mail system or to prevent receipt of standard notices of non-delivery; (2) uses a technical mechanism or procedure to disguise the source of unsolicited electronic mail messages to prevent recipients or recipient interactive computers services from implementing a mail filtering tool to block the messages from reaching the intended recipients; (3) initiates the transmission of an unsolicited electronic mail message and fails to comply with the request of the recipient, made to the sender or listserver, to cease sending electronic messages to the recipient in the future; (4) distributes electronic mail addresses having been given prior notice that addressees do not wish to receive unsolicited electronic mail and knowing that the recipient of such addresses intends to use such addresses for that purpose; (5) initiates the transmission of an unsolicited electronic mail message to a recipient despite having been given prior notice that the recipient does not wish to receive such messages; (6) registers, creates, or causes to be created an Internet domain or obtains the use of an Internet electronic mail account for the purpose of initiating the transmission of an unsolicited electronic mail message in contravention of this Act; (7) directs an unsolicited electronic mail message through the server of an interactive computer service to subscribers of the interactive computer service, knowing that such action is in contravention of the rules of the interactive computer service with respect to bulk unsolicited electronic mail messages; (8) knowing that such action is in contravention of the rules of the interactive computer service concerned, accesses the server of the interactive computer service and uses a computer program to collect electronic mail addresses of subscribers to send unsolicited electronic mail or distributes such addresses knowing that the recipient intends to use the addresses to send unsolicited electronic mail; or (9) initiates the transmission of bulk unsolicited electronic mail messages and divides the mailing of such messages into smaller mailings to circumvent another provision of this Act.
Vests authority in the Federal Trade Commission (FTC) to commence civil actions under this Act.
Sets forth provisions allowing recovery of civil damages for persons whose interactive computer service or electronic mailbox is intentionally misused or infiltrated, or whose requests for cessation of electronic mail messages have been ignored, in violation of this Act.
Requires the FTC to report to the Congress on the effectiveness of, enforcement of, and the need, if any, for the Congress to modify the provisions of this Act. | {"src": "billsum_train", "title": "Electronic Mailbox Protection Act of 1997"} | 2,537 | 588 | 0.610769 | 2.181667 | 0.713399 | 6.980583 | 4.586408 | 0.972816 |
SECTION 1. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) a nonprofit organization; and'';
(2) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Loan guarantee and grant program.--
``(A) In general.--In addition to any similar
authority, the Secretary shall provide loan guarantees
and grants to agricultural producers and rural small
businesses--
``(i) to purchase renewable energy systems,
including--
``(I) systems that may be used to
produce and sell electricity, such as
for agricultural or residential
purposes; and
``(II) unique components of
renewable energy systems; and
``(ii) to make energy efficiency
improvements.
``(B) Tiered application process.--
``(i) In general.--In providing loan
guarantees and grants under this subsection,
the Secretary shall use a 3-tiered application
process that reflects the sizes of proposed
projects in accordance with this subparagraph.
``(ii) Tier 1.--The Secretary shall
establish a separate application process for
projects for which the cost of the activity
funded under this subsection is not more than
$80,000.
``(iii) Tier 2.--The Secretary shall
establish a separate application process for
projects for which the cost of the activity
funded under this subsection is greater than
$80,000 but less than $200,000.
``(iv) Tier 3.--The Secretary shall
establish a separate application process for
projects for which the cost of the activity
funded under this subsection is equal to or
greater than $200,000.
``(v) Application process.--The Secretary
shall establish an application, evaluation, and
oversight process that is most simplified for
tier I projects and more comprehensive for each
subsequent tier.'';
(B) in paragraph (2)--
(i) in subparagraph (C), by inserting ``and
public health'' before ``benefits''; and
(ii) by striking paragraph (F) and
inserting the following:
``(F) the natural resource conservation benefits of
the renewable energy system; and'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``in
an amount not to exceed $100,000 per grant''
after ``in the form of grants''; and
(ii) by striking subparagraph (C);
(D) in paragraph (4)(C), by striking ``75 percent
of the cost'' and inserting ``all eligible costs''; and
(E) by adding at the end the following:
``(5) Requirement.--In carrying out this section, the
Secretary shall not require a second meter for on-farm
residential portions of rural projects connected to the
grid.'';
(3) in subsection (f)--
(A) by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later''; and
(B) by adding at the end the following:
``(2) Subsequent report.--Not later than 4 years after the
date of enactment of this paragraph, the Secretary shall submit
to Congress a report on activities carried out under this
section, including the outcomes achieved by projects funded
under this section.''; and
(4) in subsection (g)--
(A) in paragraph (1)(D), by striking ``for fiscal
year 2012'' and inserting ``for each of fiscal years
2012 through 2017''; and
(B) in paragraph (3)--
(i) by striking ``this section
$25,000,000'' and inserting ``this section--
``(A) $25,000,000'';
(ii) by striking the period at the end and
inserting a ``; and''; and
(iii) by adding at the end the following:
``(B) $100,000,000 for each of fiscal years 2013
through 2017.''. | Amends the Farm Security and Rural Investment Act of 2002 regarding the Rural Energy for America Program to: (1) extend the Program through FY2017, (2) make nonprofit organizations eligible for assistance, (3) make assistance available to purchase unique components of renewable energy systems, (4) create a tiered loan and grant application process that reflects project size, (5) prohibit requiring a second meter for on-farm residential portions of rural projects connected to the energy grid, (6) permit the combined amount of a grant and a loan guarantee to cover all eligible activity costs, and (7) limit individual grant amounts for feasibility studies. | {"src": "billsum_train", "title": "A bill to amend the Farm Security and Rural Investment Act of 2002 to reauthorize and improve the Rural Energy for America program."} | 954 | 128 | 0.581741 | 1.586316 | 0.607363 | 2.856 | 7.28 | 0.824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Text a Tip Act of 2010''.
SEC. 2. A PILOT PROGRAM FOR TEXTING CRIME TIPS.
(a) In General.--The Attorney General may make grants to State or
local law enforcement agencies to implement an anonymous tip program
using cell phone text messaging that comply with the requirements of
this Act.
(b) Use of Funds.--A State or local law enforcement agency that
receives a grant under this Act shall use amounts provided under the
grant to develop, implement, or expand the anonymous tip system using
cell phone text messaging which may include payment of the following
expenses:
(1) Salaries, personnel, training, technology, and other
costs directly related to the operation of the program,
including reward money.
(2) Promotion of the program including public service
announcements, printed advertisements, and other forms of
marketing.
(c) Federal Share.--The Federal share of a grant under this Act
shall not exceed 75 percent of the cost of the program.
(d) Supplement and Not Supplant.--Grant amounts received under this
Act shall be used to supplement, and not supplant, non-Federal funds
that would otherwise be available for activities funded under this Act.
SEC. 3. PROGRAM REQUIREMENTS.
A texting tip program of a State or local law enforcement agency
eligible for a grant under this Act shall comply with the following
requirements:
(1) The State or local law enforcement agency shall
administer the program.
(2) The incoming text messages shall be stripped of any
identifying information before it is transmitted to the law
enforcement agency through a verifiable technology or third
party.
(3) The text tip shall not be traceable by any means.
(4) The texting program shall not replace any existing 1-
800 tip hotlines.
(5) The law enforcement agency shall train sufficient
personnel to intercept and respond to the text tips.
(6) The law enforcement agency shall, to the extent
possible, make this program compatible with most mobile phone
providers.
(7) The texting program should include a unidentifiable
code that can be given to the tipster if they want to send
follow up information to the law enforcement agency, allowing
for increased continuity and more accurate information.
(8) The texting program shall include a feature to abort a
tip while it is in the process of being given.
(9) The law enforcement agency shall not impose any
additional fees on the tipster's mobile phone. Only standard
messaging rates from the tipster's mobile phone provider shall
apply.
(10) The law enforcement agency shall, to the extent
possible, promote the texting program to encourage citizens,
especially youth, to participate in the program.
SEC. 4. APPLICATIONS.
(a) In General.--To request a grant under this Act, a State or
local law enforcement agency shall submit an application to the
Attorney General in such form and containing such information as the
Attorney General may reasonably require.
(b) Certifications.--Each application for a grant under this Act
shall contain the certification of the State or local law enforcement
agency that the program for which the grant is requested meets each of
the requirements of this Act.
SEC. 5. REPORTS AND EVALUATIONS.
(a) Recipients.--For each fiscal year, each recipient of a grant
under this Act during that fiscal year shall submit to the Attorney
General a report on a date specified by the Attorney General--
(1) regarding the effectiveness of activities carried out
using that grant; and
(2) including an evaluation in such form and containing
such information as the Attorney General may reasonably
require.
(b) Attorney General.--The Attorney General shall submit a yearly
report on the effectiveness on the activities carried out under this
Act to the Committees on the Judiciary of the Senate and the House of
Representatives.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``texting tip program'' means a program that--
(A) allows citizens to text tips anonymously to a
law enforcement agency to aid in criminal justice;
(B) strips texts of identifying information; and
(C) is used by a law enforcement agency to prevent
and solve crimes.
(2) The term ``texting'' means sending written messages
from a mobile phone. Texts is the plural form of text messages.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General to
carry out this Act $5,000,000 for each of fiscal years 2011 through
2016. | Text a Tip Act of 2010 - Authorizes the Attorney General to make grants to state or local law enforcement agencies to implement an anonymous tip program using cell phone text messaging to assist police in preventing and solving crimes. Sets forth requirements for such program including that: (1) state or local law enforcement agencies shall administer the program; (2) incoming text message shall be stripped of any identifying information and the text tip shall not be traceable by any means; (3) law enforcement agencies shall train sufficient personnel to intercept and respond to text tips; (4) the program shall be made compatible with most mobile phone providers; and (5) law enforcement agencies shall promote the participation of citizens, especially youth, in the program. | {"src": "billsum_train", "title": "To establish a pilot program for law enforcement agencies to use anonymous texts from citizens to augment their anonymous tip hotlines."} | 994 | 146 | 0.707336 | 1.878924 | 0.716504 | 3.951049 | 6.601399 | 0.93007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Trade Coordination Act''.
SEC. 2. MEMBERSHIP OF REPRESENTATIVES OF STATE TRADE PROMOTION AGENCIES
ON TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Representatives from state trade promotion
agencies.--The TPCC shall also include 1 or more members
appointed by the President who are representatives of State
trade promotion agencies.''.
SEC. 3. FEDERAL AND STATE EXPORT PROMOTION COORDINATION PLAN.
(a) In General.--The Secretary of Commerce, acting through the
Trade Promotion Coordinating Committee and in coordination with
representatives of State trade promotion agencies, shall develop a
comprehensive plan to integrate the resources and strategies of State
trade promotion agencies into the overall Federal trade promotion
program.
(b) Matters To Be Included.--The plan required under subsection (a)
shall include the following:
(1) A description of the role of State trade promotion
agencies in assisting exporters.
(2) An outline of the role of State trade promotion
agencies and how it is different from Federal agencies located
within or providing services within the State.
(3) A plan on how to utilize State trade promotion agencies
into the Federal trade promotion program.
(4) An explanation of how Federal and State agencies will
share information and resources.
(5) A description of how Federal and State agencies will
coordinate education and trade events in the United States and
abroad.
(6) A description of the efforts to increase efficiency and
reduce duplication.
(7) A clear identification of where businesses can receive
appropriate international trade information under the plan.
(c) Deadline.--The plan required under subsection (a) shall be
finalized and submitted to Congress not later than 12 months after the
date of the enactment of this Act.
SEC. 4. ANNUAL FEDERAL-STATE EXPORT STRATEGY.
(a) In General.--The Secretary of Commerce, acting through the head
of the United States Commercial Service, shall develop an annual
Federal-State export strategy for each State that submits to the
Secretary of Commerce its export strategy for the upcoming calendar
year. In developing an annual Federal-State export strategy under this
subsection, the Secretary of Commerce shall take into account the
Federal and State export promotion coordination plan developed under
section 3.
(b) Matters To Be Included.--The Federal-State export strategy
required under subsection (a) shall include the following:
(1) The State's export strategy and economic goals.
(2) The State's key sectors and industries of focus.
(3) Possible foreign and domestic trade events.
(4) Efforts to increase efficiencies and reduce
duplication.
(c) Report.--The Federal-State export strategy required under
subsection (a) shall be submitted to the Trade Promotion Coordinating
Committee not later than February 1 of each year.
SEC. 5. COORDINATED METRICS AND INFORMATION SHARING.
(a) In General.--The Secretary of Commerce, in coordination with
representatives of State trade promotion agencies, shall develop a
framework to share export success information, and develop a
coordinated set of reporting metrics.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall submit to
Congress a report that contains the framework and reporting metrics
required under subsection (a).
SEC. 6. ANNUAL SURVEY AND ANALYSIS AND REPORT UNDER NATIONAL EXPORT
STRATEGY.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (c)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) in coordination with State trade promotion agencies,
include a survey and analysis regarding the overall
effectiveness of Federal-State coordination and export
promotion goals on an annual basis, to further include best
practices, recommendations to better assist small businesses,
and other relevant matters.''; and
(2) in subsection (f), in paragraph (1), by inserting
``(including implementation of the survey and analysis
described in paragraph (7) of that subsection)'' after ``the
implementation of such plan''. | State Trade Coordination Act Amends the Export Enhancement Act of 1988 to revise membership of the Trade Promotion Coordinating Committee (TPCC) to include one or more presidential appointees representing state trade promotion agencies. Directs the Secretary of Commerce, acting through the TPCC and in coordination with representatives of state trade promotion agencies, to develop a plan to integrate resources and strategies of state trade promotion agencies into the overall federal trade promotion program. Directs the Secretary, acting through the head of the U.S. Commercial Service, to develop an annual federal-state export strategy for goods and services for each state that submits to the Secretary its export strategy for the upcoming year. Directs the Secretary, in coordination with representatives of state trade promotion agencies, to develop a framework to share export success information, and develop a coordinated set of reporting metrics. Revises the strategic plan for federal trade promotion efforts to include an annual survey and analysis of the overall effectiveness of federal-state coordination and export promotion goals, as well as best practices, recommendations to better assist small businesses, and other relevant matters. | {"src": "billsum_train", "title": "State Trade Coordination Act"} | 1,017 | 231 | 0.68894 | 1.893413 | 0.920229 | 4.534314 | 4.666667 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Standard Extension
Act of 2007''.
SEC. 2. RENEWABLE CONTENT OF GASOLINE.
(a) Findings.--Congress finds that--
(1) the renewable fuel standard established under section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is one of the
most significant steps taken by Congress to increase domestic
biofuels production and decrease the dangerous dependence of
the United States on foreign oil;
(2) in the 12 years after 1992, domestic ethanol production
increased by 2,000,000,000 gallons;
(3) in only 2 years following the establishment of the
renewable fuel standard, ethanol production has increased by
5,000,000,000 gallons;
(4) the renewable fuel standard has spurred investment and
resulted in ethanol production that surpassed Federal targets 5
years ahead of schedule;
(5) the failure of the petroleum industry to install pumps
so that ethanol is available to motorists and the failure of
the automotive industry to manufacture ethanol-capable
vehicles, as compared to rising ethanol production volumes, has
prevented fuel ethanol from reaching consumers;
(6) the resulting excess of ethanol in the marketplace has
depressed ethanol prices and jeopardized the financial
stability of the domestic renewable fuel infrastructure,
particularly smaller, local, and farmer-owned ethanol plants;
(7) jeopardizing the existing ethanol infrastructure will
put at risk 20 years of progress on a national biofuel industry
and destroy the bridge to next-generation biofuel made from
cellulosic feedstocks; and
(8) it is imperative for Congress to increase the renewable
fuel standard now to ensure the path towards cellulosic fuel
production is not jeopardized in the short term.
(b) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (F), (D), and (E), respectively, and moving those
subparagraphs so as to appear in alphabetical order;
(2) by striking subparagraph (A) and inserting the
following:
``(A) Advanced biofuel.--
``(i) In general.--The term `advanced
biofuel' means fuel derived from renewable
biomass other than ethanol derived from corn
starch.
``(ii) Inclusions.--The term `advanced
biofuel' includes--
``(I) ethanol derived from
cellulose, hemicellulose, or lignin;
``(II) ethanol derived from sugar
or starch, other than ethanol derived
from corn starch;
``(III) ethanol derived from waste
material, including crop residue, other
vegetative waste material, animal
waste, and food waste and yard waste;
``(IV) diesel-equivalent fuel
derived from renewable biomass,
including vegetable oil and animal fat;
``(V) biogas (including landfill
gas and sewage waste treatment gas)
produced through the conversion of
organic matter from renewable biomass;
``(VI) butanol or other alcohols
produced through the conversion of
organic matter from renewable biomass;
and
``(VII) other fuel derived from
cellulosic biomass.
``(B) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any cellulose, hemicellulose, or lignin that is derived
from renewable biomass.
``(C) Renewable biomass.--The term `renewable
biomass' means--
``(i) nonmerchantable materials or
precommercial thinnings that--
``(I) are byproducts of preventive
treatments, such as trees, wood, brush,
thinnings, chips, and slash, that are
removed--
``(aa) to reduce hazardous
fuels;
``(bb) to reduce or contain
disease or insect infestation;
or
``(cc) to restore forest
health;
``(II) would not otherwise be used
for higher-value products; and
``(III) are harvested from National
Forest System land or public land (as
defined in section 103 of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1702)), where permitted by
law and in accordance with--
``(aa) applicable land
management plans; and
``(bb) the requirements for
old-growth maintenance,
restoration, and management
direction of paragraphs (2),
(3), and (4) of subsection (e)
and the requirements for large-
tree retention of subsection
(f) of section 102 of the
Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6512); or
``(ii) any organic matter that is available
on a renewable or recurring basis from non-
Federal land or from land belonging to an
Indian tribe, or an Indian individual, 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,
including--
``(aa) feed grains;
``(bb) other agricultural
commodities;
``(cc) other plants and
trees; and
``(dd) algae; and
``(II) waste material, including--
``(aa) crop residue;
``(bb) other vegetative
waste material (including wood
waste and wood residues);
``(cc) animal waste and
byproducts (including fats,
oils, greases, and manure); and
``(dd) food waste and yard
waste.''; and
(3) in clause (ii) of subparagraph (D) (as redesignated by
paragraph (1))--
(A) in subclause (I), by striking ``and'' at the
end;
(B) in subclause (II), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(III) advanced biofuel.''.
(c) Renewable Content of Gasoline.--Section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)) is amended--
(1) in paragraph (2)(B)--
(A) by striking clause (i) and inserting the
following:
``(i) Calendar years 2008 through 2016.--
``(I) Renewable fuel.--For the
purpose of subparagraph (A), the
applicable volume for any of calendar
years 2008 through 2016 shall be
determined in accordance with the
following table:
Applicable volume of renewable fuel
``Calendar year: (in billions of gallons):
2008................................................... 8.5
2009................................................... 10.5
2010................................................... 12.0
2011................................................... 12.6
2012................................................... 13.2
2013................................................... 13.8
2014................................................... 14.4
2015................................................... 15.0
2016................................................... 18.0
``(II) Advanced biofuel.--For the
purpose of subparagraph (A), of the
volume of renewable fuel required under
subclause (I), the applicable volume
for calendar year 2016 for advanced
biofuel shall be determined in
accordance with the following table:
Applicable volume of advanced
biofuel
``Calendar year: (in billions of gallons):
2016................................................... 3.0'';
(B) in clause (ii)--
(i) in the clause heading, by striking
``2013'' and inserting ``2017'';
(ii) by striking ``2013'' and inserting
``2017''; and
(iii) by striking ``2012'' and inserting
``2016'';
(C) in clause (iii), by striking ``2013'' and
inserting ``2017''; and
(D) in clause (iv)--
(i) by striking ``2013'' and inserting
``2017''; and
(ii) in subclause (II)(aa), by striking
``7,500,000,000'' and inserting ``18,000,000'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``2011'' and
inserting ``2015''; and
(B) in subparagraph (B)(i), by striking ``2012''
and inserting ``2016''; and
(3) in paragraph (6)(A), by striking ``2012'' and inserting
``2016''. | Renewable Fuel Standard Extension Act of 2007 - Amends the Clean Air Act to redefine the term "cellulosic biomass ethanol" to mean ethanol derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass. Redefines the term "renewable fuel" to include motor vehicle fuel that is derived from renewable biomass other than ethanol derived from corn starch.
Increases the volume of renewable fuel that gasoline is required to contain for 2008-2012. Sets forth the applicable volume of renewable fuel for 2013-2016.
Revises the calculation used to determine the applicable volume of renewable fuel for 2017 and beyond by using the ratio of 18 billion gallons (currently, 7.5 billion gallons) of renewable fuels to the number of gallons of gasoline sold or introduced into commerce in 2012. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to increase the renewable content of gasoline, and for other purposes."} | 1,951 | 186 | 0.477147 | 1.326888 | 0.729035 | 2.378378 | 11.601351 | 0.797297 |
OF COMPLAINT.
If, after a formal complaint is filed under section 8, the employee
and the head of the employing office resolve the issues involved, the
employee may withdraw the complaint or the parties may enter into a
written agreement, subject to the approval of the Board of Directors.
SEC. 12. COLLECTION AND PRESERVATION OF DOCUMENTS.
Beginning on the date a respondent receives a complaint under
section 8 and ending on the date final action has been taken on the
complaint, the respondent shall collect and preserve all documents and
other information relevant to such complaint.
SEC. 13. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee by any
Member, officer, or employee of the House of Representatives or the
Senate, or by the Architect of the Capitol, or anyone employed by the
Architect of the Capitol, as the case may be, because of the exercise
of a right under this Act or because of appearance as a witness in a
case under this Act constitutes an unlawful employment practice, which
may be remedied in the same manner under this Act as is a violation of
a law made applicable to Congress under section 2(a) or 4(b).
SEC. 14. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly confidential
except that the Office and the employee may agree to notify the head of
the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly confidential.
(c) Hearings.--Except as provided in subsection (d), the hearings,
deliberations, and decisions of the hearing board shall be
confidential.
(d) Release of Records for Review.--The records and decisions of
hearing boards may be made public if required for the purpose of review
under section 9 or 10.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Laws Referred to in Section 2(a).--
(1) Fair labor standards act of 1938.--
(A) Definition.--Section 3(e)(2)(A)(iii) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)(iii)) is amended to read as follows:
``(iii) in the Congress or in any unit of
the judicial branch of the Government which has
positions in the competitive service,''.
(B) Coverage.--Section 8 of the Fair Labor
Standards Amendments of 1989 is repealed.
(2) Title vii of the civil rights act of 1964.--
(A) Civil rights act of 1991.--Section 117 and
title III of the Civil Rights Act of 1991 (2 U.S.C.
60l, 120l et seq.) are repealed.
(B) Equal employment opportunity.--Section 717(a)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a))
is amended by striking out ``in those units of the
legislative and judicial branches of the Federal
Government having positions in the competitive
service'' and inserting in lieu thereof ``in all units
of the Congress and in those units of the judicial
branch of the Federal Government having positions in
the competitive service''.
(3) Americans with disabilities act of 1990.--Section 509
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12209) is repealed and section 101 of such Act (42 U.S.C.
12111) is amended--
(A) in paragraph (5)(B), by striking out ``the
United States'' the first time it appears and inserting
in lieu thereof ``the United States (except as provided
in paragraph (11))'', and
(B) by adding at the end the following:
``(11) The Congress shall be deemed an employer engaged in an
industry affecting commerce.''.
(4) Age discrimination in employment act of 1967.--Section
11(b) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 630(b)) is amended (A) by striking out ``and'' before
``(2)'', (B) by inserting before ``but'' the following: ``and
(3) the Congress'', and (C) by striking out ``the United
States, or'' and inserting in lieu thereof ``the executive and
judicial branch of the United States, or''.
(5) Family and medical leave act of 1993.--Title V of the
Family and Medical Leave Act of 1993 (2 U.S.C. 60m, 60n) is
repealed.
(b) Laws Referred to in Section 2(b).--
(1) Occupational safety and health.--
(A) Definition of employer.--Section 3(5) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
652(5)) is amended by striking out ``, but does not
include the United States or'' and inserting in lieu
thereof ``and includes the Congress (to the extent
authorized by a regulation of the Office of Compliance
established under section 4(c) of the Congressional
Accountability Act) but does not include executive or
judicial branch of the Federal Government or''.
(B) Definition of employee.--Section 3(6) of such
Act (29 U.S.C. 652(6)) is amended by inserting before
the period a comma and the following: ``and, to the
extent authorized by a regulation of the Office of
Compliance established under section 4(c) of the
Congressional Accountability Act, the employees of the
Congress shall be deemed to be employed in a business
affecting commerce for the purpose of this Act''.
(2) Freedom of information.--Section 552(f) of title 5,
United States Code, is amended by striking out ``or'' before
``any independent'' and by inserting before the period a comma
and the following: ``or the Congress (to the extent authorized
by a regulation of the Office of Compliance established under
section 4(c) of the Congressional Accountability Act)''.
(3) Privacy.--Section 552a(a)(1) of title 5, United States
Code, is amended by striking out ``552(e)'' and inserting in
lieu thereof ``552(f)''.
(4) Age discrimination.--Section 309(3) of the Age
Discrimination Act of 1975 (42 U.S.C. 6107) is amended by
inserting after ``means'' the following: ``the Congress (to the
extent authorized by a regulation of the Office of Compliance
established under section 4(c) of the Congressional
Accountability Act) and''.
(c) Rule of the House of Representatives.--Rule LI of the House of
Representatives is repealed.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of a law made
applicable to Congress under section 4 to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing office,
of an employee with respect to employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the House of
Representatives or Senate leadership;
(2) an employee on the staff of a committee or
subcommittee;
(3) an employee on the staff of a Member of the House of
Representatives or Senate;
(4) an officer or employee of the House of Representatives
or Senate elected by the House of Representatives or Senate or
appointed by a Member of the House of Representatives or
Senate, other than those described in paragraphs (1) through
(3); or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 17. REVIEW LIMIT.
No Congressional employee may commence a judicial proceeding to
redress practices prohibited under a law made applicable to Congress
under section 2(a) or 4(b) except as provided in this Act.
HR 2846 IH----2
HR 2846 IH----3 | Congressional Employees Fairness Act - Makes applicable to the Congress: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) specified provisions of the Americans With Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967; and (4) the Family and Medical Leave Act of 1993.
Makes applicable to the Congress any provision of Federal law to the extent that it relates to: (1) the terms and conditions of employment (including hiring, promotion, or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, and termination) of employees; (2) protection from discrimination in personnel actions; (3) the health and safety of employees; (4) the availability of information to the public; or (5) other areas deemed appropriate by the Independent Office of Compliance (Office).
Establishes the Office, in the legislative branch, to study and report to the Congress on the application of such laws.
Sets forth provisions relating to congressional procedures for approval of the Board of Directors' recommendations relating to the application of future Federal laws to the Congress.
Directs the Office to carry out an education program for Members of Congress and other employing authorities of the Congress respecting the laws applicable to them and a program to inform individuals of their rights under laws applicable to the Congress and under this Act.
Requires the procedure for consideration of alleged violations of such laws to consist of the following steps: (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision.
Authorizes a congressional employee or any Member of Congress to petition the Personnel Appeals Board of the General Accounting Office to review a final decision if it is unconstitutional.
Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress.
Requires the records and decisions of hearing boards to be made public if required for judicial review.
Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. | {"src": "billsum_train", "title": "Congressional Employees Fairness Act"} | 1,851 | 485 | 0.597203 | 1.996597 | 0.645349 | 2.80837 | 3.469163 | 0.825991 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The current public/private partnership has succeeded in
fulfilling the mission set for it by Congress--delivering loans
to students reliably and in a timely fashion--and as such
should be preserved.
(2) The current Federal Family Education Loan (FFEL)
program is, however, in need of reform. Many important positive
changes were made during the reauthorization of the Higher
Education Act in the 102d Congress, but further changes are
needed to make the FFEL program more efficient.
(3) It would be preferable to improve on a public/private
partnership that is known to work rather than dismantle it in
favor of an unproved direct Government lending program, which
would increase the Federal debt, further enlarge the Federal
bureaucracy, add major new financial oversight activities to
the already overburdened Department of Education, and force the
Congress to depend on estimated savings which may prove
illusory.
(4) The large Direct Lending Demonstration Program that was
begun by the Higher Education Amendments of 1992 is only now
getting started. It would be better to allow this Demonstration
Program to proceed and show some results before expanding it to
cover the entire federally insured student lending system.
(5) Reforming the FFEL system with the immediate savings
and efficiencies that are contained in this bill will in no way
prevent the passage and implementation of legislation that
would begin a National Service Program, as proposed by the
President.
(6) Reforming the current FFEL system will produce
immediate savings without increasing the size and debt of the
Federal Government. It will also assure students and their
parents that they will continue to receive the funds they need
for higher education when they need them.
SEC. 2. INTEREST RATES.
Section 427A of the Act (20 U.S.C. 1077a) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) In-School and Grace Period Interest Rates.--
``(1) Applicable rate.--Notwithstanding any other provision
of this section, with respect to any loan for which the first
disbursement is made on or after October 1, 1993, the
applicable rate of interest for interest which accrues--
``(A) prior to the beginning of the repayment
period of the loan, or
``(B) during the period in which principal need not
be paid (whether or not such principal is in fact paid)
by reason of a provision described in section
428(b)(1)(M) or 427(a)(2)(C),
shall not exceed the rate determined under paragraph (2).
``(2) Method of calculation.--For purposes of paragraph (1)
the rate determined under this paragraph shall, during any 12-
month period beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal to--
``(A) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction prior to such June
1; plus
``(B) 2.6 percent.''.
SEC. 3. LOAN TRANSFER FEES.
Section 428(b)(2) of the Act (20 U.S.C. 1078(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end thereof the following new
subparagraph:
``(G) provide that, if a lender or holder, on or
after October 1, 1993, sells, transfers, or assigns a
loan under this part, then the transferee shall pay to
the Secretary a transfer fee in an amount equal to 0.25
percent the principal and accrued unpaid interest of
the loan.''.
SEC. 4. RISK SHARING.
(a) Guaranty Agency Reinsurance Percentage.--Section 428(c)(1) of
the Act (20 U.S.C. 1078(c)(1)) is amended--
(1) in subparagraph (A), by striking ``100 percent'' and
inserting ``96 percent'';
(2) in subparagraph (B)(i), by striking ``90 percent'' and
inserting ``86 percent''; and
(3) in subparagraph (B), by striking ``80 percent'' and
inserting ``76 percent''.
(b) Risk Sharing by the Student Loan Marketing Association.--
(1) GSL program.--Section 428(b)(1)(G) of the Act is
amended by inserting before the semicolon at the end thereof
the following: ``, except that for loans held by the Student
Loan Marketing Association (other than loans made pursuant to
section 439(q)) such percentage shall be 90 percent''.
(2) FISL program.--Section 425(b)(1) of the Act is amended
by inserting after ``interest'' in the matter preceding clause
(i) the following: ``, except that for loans held by the
Student Loan Marketing Association (other than loans made
pursuant to section 439(q)) such liability shall be 90 percent
of such unpaid balance, and''.
(c) Effective Date.--The amendments made by this section shall
apply to any loan on which a default (as defined in section 435 of the
Act) occurs on or after the date of enactment of this Act.
SEC. 5. SHARES OF POST-DEFAULT COLLECTIONS.
Section 428(c)(6) of the Act (20 U.S.C. 1078(c)(6)(A) is amended by
adding at the end the following new subparagraph:
``(D) Subparagraph (A)(ii) shall be applied with respect to
determinations of the Secretary's equitable share of payments
made by borrowers--
``(i) during fiscal years 1994 and 1995, by
substituting `27 percent' for `30 percent'; and
``(ii) during fiscal year 1996 and succeeding
fiscal years, by substituting `26 percent' for `30
percent'.''.
SEC. 6. FEDERAL ADMINISTRATIVE EXPENSES.
(a) Administrative Cost Allowances.--Section 428(f)(1)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1078(f)(1)(B)) is amended by
striking ``1 percent'' and inserting ``0.50 percent''.
(b) Reinsurance Fees.--Section 428(c) of the Act is amended--
(1) by striking paragraph (9); and
(2) by redesignating paragraph (10) as paragraph (9).
(c) Effective Date.--The amendments made by this section shall
apply to loans made on or after October 1, 1993.
SEC. 7. PLUS LOAN AMOUNTS AND DISBURSEMENTS.
(a) Loan Amounts.--Section 428B(b) of the Act (20 U.S.C. 1078-2(b))
is amended to read as follows:
``(b) Limitations on Amounts of Loans.--
``(1) Annual limit.--Subject to paragraph (2), the maximum
amount parents may borrow for one student in any academic year
or its equivalent (as defined by regulation of the Secretary)
is $10,000.
``(2) Limitation based on need.--Any loan under this
section may be counted as part of the expected family
contribution in the determination of need under this title, but
no loan may be made to any parent under this section for any
academic year in excess of (A) the student's estimated cost of
attendance, minus (B) other financial aid as certified by the
eligible institution under section 428(a)(2)(A). The annual
insurable limit on account of any student shall not be deemed
to be exceeded by a line of credit under which actual payments
to the borrower will not be made in any year in excess of the
annual limit.''.
(b) Multiple Disbursement Required.--
(1) Amendment.--Section 428B(c) of the Act is amended by
inserting after ``under this section'' the following: ``shall
be disbursed in accordance with the requirements of section
428G and''.
(2) Conforming amendments.--Section 428G(e) of the Act (20
U.S.C. 1078-7(e) is amended--
(A) by striking ``PLUS, Consolidation,'' and
inserting ``Consolidation''; and
(B) by striking ``section 428B or 428C'' and
inserting ``section 428C''.
(3) FISL amendment.--Section 427(b)(2) of the Act (20
U.S.C. 1077(b)(2)) is amended by striking ``section 428B or
428C'' and inserting ``section 428B''.
SEC. 8. CONSOLIDATION LOAN SAVINGS.
(a) Interest Rates.--
(1) Reduction of rates.--Section 428C(c)(1)(B) of the Act
(20 U.S.C. 1078-3(c)(1)(B)) is amended to read as follows:
``(B) Except as provided in subparagraph (C), a
consolidation loan shall bear interest at an annual rate on the
unpaid principal balance of the loan that is equal to the
lesser of--
``(i) the weighted average of the interest rates on
the loans consolidated, rounded to the nearest whole
percent; or
``(ii) for any 12-month period beginning on July 1
and ending on June 30, determined on the preceding June
1 that is a rate equal to--
``(I) the bond equivalent rate of 52-week
Treasury bills auctioned at the final auction
before such June 1; plus
``(II) 3.10 percent.''.
(2) 9 percent ceiling.--Section 428C(c)(1)(C) of the Act is
amended by striking out ``not less'' and inserting ``not
more''.
(b) Limitation of Interest Subsidy During Deferment.--Section
428C(c)(4)(C) of the Act is amended to read as follows:
``(C)(i) provides that periodic installments of
principal need not be paid, but interest shall accrue
and be paid in accordance with clause (ii), during any
period for which the borrower would be eligible for a
deferral under section 428(b)(1)(M), and that any such
period shall not be included in determining the
repayment period pursuant to subsection (c)(2) of this
section; and
``(ii) provides that interest shall accrue and be
paid--
``(I) by the Secretary, in the case of a
consolidation loan that consolidated only
Federal Stafford Loans for which the student
borrower received an interest subsidy under
section 428; or
``(II) by the borrower, or capitalized, in
the case of a consolidation loan other than one
described in subclause (I);''.
(c) Lender Fees.--Section 428C(c) of the Act is amended by adding
at the end the following new paragraph:
``(6) Insurance fee from lenders.--Each lender shall pay to
the Secretary, by quarterly installments, an annual amount
equal to 0.5 percent of the average principal amount
outstanding on loans under this section held by the lender, as
determined in accordance with such regulations as the Secretary
shall prescribe.''.
(d) Effective Date.--The amendments made by this section shall
apply to loans for which the first disbursement is made on or after
October 1, 1993.
SEC. 9. DATE OF DEFAULT DETERMINATIONS.
(a) Amendments.--Section 435(l) of the Act (20 U.S.C. 1085(l)) is
amended--
(1) by striking ``180 days'' and inserting ``270 days'';
and
(2) by striking ``240 days'' and inserting ``330 days''.
(b) Conforming Amendment.--Section 428(c)(1)(A) of the Act (20
U.S.C. 1078(c)(1)(A)) is amended by striking the last sentence and
inserting the following: ``A guaranty agency shall file a claim for
reimbursement under this subsection within 45 days after the agency's
discharge of its insurance obligation, except that when a guaranty
agency discharges its insurance obligation prior to 360 days after a
loan becomes delinquent with respect to any installment thereon, the
guaranty agency shall file a claim under this subsection within 45 days
after the loan becomes 360 days delinquent with respect to any such
installment.''.
(c) Effective Date.--The amendments made by this section shall
apply on and after October 1, 1993.
SEC. 10. SPECIAL ALLOWANCES ON TAX EXEMPT FUNDS.
(a) Special Allowance Amendment.--Section 438(b)(2)(B) of the Act
(20 U.S.C. 1087-1(b)(2)(B)) is amended--
(1) by striking the first sentence of division (i) and
inserting the following: ``The quarterly rate of the special
allowance for holders of loans which were made or purchased
with funds obtained by the holder from the issuance of
obligations, the income from which is exempt from taxation
under the Internal Revenue Code of 1986, shall be 85 percent of
the quarterly rate of the special allowance established under
subparagraph (A).'';
(2) by striking division (ii); and
(3) by redesignating division (iii) as division (ii).
(b) Purchase Premiums.--Section 438(d)(2) of the Act is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (C), (D), and (E), respectively.
(c) Effective Date.--The amendment made by this section shall apply
to loans made on and after October 1, 1993.
SEC. 11. LENDER ORIGINATION FEES.
Section 438 of the Act (20 U.S.C. 1087-1) is amended--
(1) in the heading of subsection (c) by inserting ``From
Students'' after ``Origination Fees'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Origination Fees From Lenders.--
``(1) Deduction from interest and special allowance
subsidies.--Notwithstanding subsection (b), the total amount of
interest and special allowance payable under section
428(a)(3)(A) and subsection (b) of this section, respectively,
to any holder shall be reduced by the Secretary by an
origination fee in an amount determined in accordance with
paragraph (2) of this subsection. If the total amount of
interest and special allowance payable under section
428(a)(3)(A) and subsection (b) of this section, respectively,
is less than the amount of such origination fee, the Secretary
shall deduct such excess amount from subsequent quarters'
payments until the total amount has been deducted.
``(2) Amount of origination fees.--Subject to paragraph (3)
of this subsection, with respect to any loan (other than loans
made under sections 428A, 428B, 428C, and 428H) for which a
completed note or other written evidence of the loan was sent
or delivered to the borrower for signing on or after July 1,
1993, the amount of the origination fee which shall be deducted
under paragraph (1) shall be equal to 1 percent of the
principal amount of the loan.
``(3) SLS, plus, consolidation, and undsubsidized loans.--
With respect to any loans made under section 428A, 428B, 428C,
and 428H and disbursed on or after October 1, 1993, each
eligible lender under this part shall pay to the Secretary an
origination fee of 1 percent of the principal amount of the
loan.
``(4) Distribution of origination fees.--All origination
fees collected pursuant to this section on loans authorized
under section 428A, 428B, 428C, or 428H shall be paid to the
Secretary by the lender and deposited in the fund authorized
under section 431 of this part.''.
SEC. 12. LENDER-OF-LAST-RESORT REQUIREMENT.
Section 439(q)(1)(A) of the Act (20 U.S.C. 1087-2) is amended by
``may begin'' and inserting ``shall begin''.
SEC. 13. STUDENT LOAN MARKETING ASSOCIATION STUDY.
Section 439 of the Act is further amended by adding at the end
thereof the following new subsection:
``(s) Transition Study and Activities.--(1) The Secretaries of
Education and the Treasury, in consultation with the Association, shall
prepare a study, to be completed within 6 months of the enactment of
this provision, which shall examine alternatives concerning the status,
operations, and purposes of the Association. Such alternatives shall
include providing for an orderly transition of the Association from a
Government-Sponsored Enterprise to a private corporation. Such study
shall--
``(A) consider how best to meet the needs of students and
taxpayers for financing for postsecondary education;
``(B) reflect the need for the Association to maintain
liquidity and perform other functions for the Federal Education
Loan program;
``(C) consider any appropriate changes to part D of title
VII, relating to the College Construction Loan Insurance
Association; and
``(D) be considered by the Secretaries of Education and the
Treasury in developing any legislative proposals concerning any
changes to the status of the Association as a Government-
Sponsored Enterprise or its duties under the Federal Family
Education Loan program.
``(2) The Secretaries of Education and the Treasury are directed to
work with the Association to ensure that any changes in the
Association's status, operations, or purposes are carried out
efficiently and effectively.''.
SEC. 14. REPAYMENT OPTIONS.
(a) Regulations Required.--The Secretary of Education shall, not
later than 60 days after the date of enactment of this Act--
(1) prescribe the regulations required for the
implementation of the income sensitive repayment options
pursuant to section 428(b)(1)(E)(i) and 428(m) of the Act;
(2) take such steps as may be necessary--
(A) to inform borrowers under part B of title IV of
the Act of the availability of standard, graduated, and
income sensitive repayment options for student loans;
and
(B) to ensure that lenders under such part permit
borrowers to fully exercise such options.
(b) Conforming Amendments.--Section 428(b)(1) of the Act (20 U.S.C.
1078(b)(1)) is amended--
(1) in subparagraph (D)(ii), by inserting ``except as
permitted pursuant to subparagraph (E),'';
(2) in subparagraph (E)--
(A) by striking ``subparagraphs (D) and (L)'' and
inserting ``subparagraph (L)'';
(B) by inserting ``or 428H'' after ``section
428A'';
(C) by inserting ``under subsection (m)'' after
``regulations of the Secretary''; and
(D) by striking ``nor more than 10 years''.
HR 2219 IH----2 | Amends the Higher Education Act of 1965 to revise or add to the guaranteed student loan program (also known as the Stafford Loan or the Federal Family Education Loan Program) with respect to: (1) in-school and grace period interest rate limits; (2) loan transfer fees; (3) decrease of guaranty agency reinsurance percentage; (4) required risk sharing by the Student Loan Marketing Association; (5) shares of post-default collections; (6) decrease of administrative cost allowances; (7) reinsurance fees; (8) parent loan (PLUS) amount limits and multiple disbursement requirements; (8) reduction and limitation of consolidation loan interest rates; (9) limitation of interest subsidy during deferment; (10) insurance fees from lenders; (11) longer periods for default determinations; (12) special allowances on tax exempt funds and purchase premiums; (13) origination fees from lenders; (14) the lender-of-last-resort requirement; (15) Student Loan Marketing Association alternative status study; and (16) repayment options (including income sensitive) availability and information. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to achieve savings in the operation of the student loan programs under part B of title IV of that Act, and for other purposes."} | 4,470 | 225 | 0.449993 | 1.383823 | 0.685038 | 2.552995 | 17.59447 | 0.912442 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Equity
Act''.
SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW
ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT.
(a) Federal Employees Retirement System.--
(1) In general.--Paragraph (17) of section 8401 of title 5,
United States Code, is amended by striking ``and'' at the end
of subparagraph (C), and by adding at the end the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(i) the duties of whose position include
the investigation or apprehension of
individuals suspected or convicted of offenses
against the criminal laws of the United States;
and
``(ii) who is authorized to carry a
firearm;
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the
collection of delinquent taxes and the securing of
delinquent returns;
``(G) an employee of the United States Postal
Inspection Service; and
``(H) an employee of the Department of Veterans
Affairs who is a Department police officer under
section 902 of title 38;''.
(2) Conforming amendment.--Section 8401(17)(C) of title 5,
United States Code, is amended by striking ``subparagraph (A)
and (B)'' and inserting ``subparagraphs (A), (B), (E), (F),
(G), and (H)''.
(b) Civil Service Retirement System.--Paragraph (20) of section
8331 of title 5, United States Code, is amended in the matter before
subparagraph (A) by inserting after ``position.'' the following: ``For
the purpose of this paragraph, the employees described in the preceding
provision of this paragraph (in the matter before `including') shall be
considered to include an employee, not otherwise covered by this
paragraph, who satisfies any of subparagraphs (E) through (H) of
section 8401(17).''.
(c) Application.--The amendments made by this section shall apply--
(1) to any individual appointed as a law enforcement
officer under section 8331(20) or 8401(17) of title 5, United
States Code, (as the case may be), as amended this section,
after the date of enactment of this Act; and
(2) to any incumbent (as defined in section 3(g)(2)),
consistent with the requirements of section 3.
SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.
(a) Treatment of Service Performed by Incumbents.--
(1) Service on or after date of enactment.--Service
performed by an incumbent on or after the date of the enactment
of this Act shall be treated as service performed as a law
enforcement officer under section 8331(20) or 8401(17) of title
5, United States Code, (as the case may be), as amended by
section 2.
(2) Service before date of enactment.--Service performed by
an incumbent before the date of the enactment of this Act
shall, for purposes of subchapter III of chapter 83 and chapter
84 of title 5, United States Code, be treated as service
performed as a law enforcement officer under section 8331(20)
or 8401(17), (as the case may be), as amended by section 2, but
only if a written election is submitted to the Office of
Personnel Management within 5 years after the date of the
enactment of this Act or before separation from Government
service, whichever is earlier.
(b) Individual Contributions for Prior Service.--
(1) In general.--An incumbent who makes an election under
subsection (a)(2) may, with respect to prior service performed
by such incumbent, pay a deposit into the Civil Service
Retirement and Disability Fund equal to the sum of--
(A) the difference between--
(i) the amount that would have been
deducted during the period of prior service
under section 8334 or 8422 of title 5, United
States Code, from the pay of the incumbent if
the amendments made by section 2 had been in
effect during such prior service; and
(ii) the amount that was deducted during
the period of prior service under section 8334
or 8422 of such title; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with
paragraphs (2) and (3) of section 8334(e) of such title
and regulations promulgated by the Office.
(2) Effect of not contributing.--If no part of or less than
the full amount of the deposit described under paragraph (1) is
paid by an incumbent, all prior service of the incumbent shall
remain fully creditable as a law enforcement officer, but the
resulting annuity shall be reduced in a manner similar to that
described in section 8334(d)(2) of title 5, United States Code,
to the extent necessary to make up the amount unpaid.
(c) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (a)(2), any employing agency that the incumbent was
serving at the time of any prior service shall remit to the
Office, for deposit in the Fund, an amount equal to the sum
of--
(A) the difference between--
(i) the total amount of Government
contributions that would have been paid under
section 8334 or 8423 of title 5, United States
Code, if the amendments made by section 2 had
been in effect during such service; and
(ii) the total amount of Government
contributions paid under section 8334 or 8423
of such title; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with
paragraphs (2) and (3) of section 8334(e) of such title
and regulations promulgated by the Office.
(2) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (on at least an annual
basis) over the 10-year period beginning on the date referred
to in subsection (g)(5).
(d) Exemption From Mandatory Separation.--Notwithstanding section
8335(b) or 8425(b) of title 5, United States Code, a law enforcement
officer shall not be subject to mandatory separation during the 3-year
period beginning on the date of the enactment of this Act.
(e) Regulations.--The Office shall prescribe regulations to carry
out this Act, including regulations for the application of this section
in the case of any individual entitled to a survivor annuity (based on
the service of an incumbent who dies before making an election under
subsection (a)(2)), to the extent of any rights that would then be
available to the decedent (if still living).
(f) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant.
(g) Definitions.--In this section--
(1) the term ``Fund'' means the Civil Service Retirement
and Disability Fund;
(2) the term ``incumbent''--
(A) is first appointed as a law enforcement officer
before the date of the enactment of this Act; and
(B) is serving as such a law enforcement officer on
such date;
(3) the term ``law enforcement officer'' refers to an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code (relating to the
definition of a law enforcement officer) by virtue of the
amendments made by section 2;
(4) the term ``Office'' means the Office of Personnel
Management;
(5) the term ``prior service'' means, with respect to any
individual who makes an election under subsection (a)(2),
service performed by such individual before the date on which
appropriate retirement deductions begin to be made in
accordance with such election; and
(6) the term ``service'' refers to service performed as a
law enforcement officer. | Law Enforcement Officers Equity Act Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns, (3) an employee of the U.S. Postal Inspection Service, and (4) an employee of the Department of Veterans Affairs who is a department police officer. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if a written election is submitted to the Office of Personnel Management within five years after enactment of this Act or before separation from government service, whichever is earlier. Allows an incumbent who makes an election to be treated as a law enforcement officer to pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the mandatory separation of an officer during the three-year period beginning on the enactment of this Act. | {"src": "billsum_train", "title": "Law Enforcement Officers Equity Act"} | 1,841 | 344 | 0.595166 | 1.832386 | 0.798146 | 3.526667 | 5.493333 | 0.913333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 1999''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF
GENETIC INFORMATION.
(a) Group Coverage.--
(1) Amendments to public health service act.--
(A) Inclusion of genetic testing in
nondiscrimination requirements.--Section 2702(a)(1)(F)
of the Public Health Service Act (42 U.S.C. 300gg-
1(a)(1)(F)), as added by section 102(a) of Health
Insurance Portability and Accountability Act of 1996,
is amended by inserting ``(or a request for, or receipt
of, genetic information or a genetic test)'' after
``genetic information''.
(B) Prohibitions against use and disclosure of
genetic information.--Subpart 2 of part A of title
XXVII of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 2707. PROHIBITIONS AGAINST USE AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) Prohibition of Use of Genetic Information.--A group health
plan, and a health insurance issuer offering health insurance coverage
in connection with a group health plan, may not use genetic information
to reject, deny, limit, cancel, refuse to renew, establish differential
rates or premium payments for, or otherwise affect benefits provided
under the plan or health insurance coverage offered in connection with
the plan.
``(b) Prohibition of Disclosure of Genetic Information.--
``(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, a health insurance
issuer in connection with health insurance coverage offered in
connection with a group health plan and a group health plan may
not disclose or be compelled (by subpoena or any other means)
to disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
``(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
``(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
``(B) is required under the specific order of a
Federal or State court;
``(C) is authorized under Federal or State law for
the purpose of establishing paternity; or
``(D) is for the purpose of identifying bodies.
``(3) Application of subsection.--The prohibitions of this
subsection shall apply to any redisclosure by any entity after
another entity has disclosed the genetic information.''.
(C) Definitions.--Section 2791(d) of the Public
Health Service Act (42 U.S.C. 300gg-91(d)) is amended
by adding at the end the following new paragraph:
``(15) Genetic information; genetic test.--
``(A) Genetic information.--The term `genetic
information' with respect to an individual means
information about the genes of the individual or a
member of the individual's family or about any gene
products or inherited characteristics that may derive
from the individual or a member of the individual's
family.
``(B) Genetic test.--The term `genetic test' means
a test for determining the presence or absence of
genetic characteristics in an individual, including
tests of nucleic acids such as DNA, RNA, and
mitochondrial DNA, chromosomes, or proteins in order to
diagnose a genetic characteristic.''.
(D) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)) is amended by striking
``section 2704'' and inserting ``sections 2704 and
2707''.
(2) ERISA amendments.--
(A) Inclusion of genetic testing in
nondiscrimination requirements.--Section 702(a)(1)(F)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1182(a)(1)(F)) is amended by inserting ``(or a request for, or receipt
of, genetic information or a genetic test)'' after ``genetic
information''.
(B) Prohibition against use and disclosure of
genetic information.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 714. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) Prohibition of Use of Genetic Information.--A group health
plan, and a health insurance insurer offering health insurance coverage
in connection with a group health plan, may not use genetic information
to reject, deny, limit, cancel, refuse to renew, increase the rates of,
or otherwise affect benefits provided under the plan or health
insurance coverage offered in connection with the plan.
``(b) Prohibition of Disclosure of Genetic Information.--
``(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, a health insurance
issuer in connection with health insurance coverage offered in
connection with a group health plan and a group health plan may
not disclose or be compelled (by subpoena or any other means)
to disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
``(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
``(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
``(B) is required under the specific order of a
Federal or State court;
``(C) is authorized under Federal or State law for
the purpose of establishing paternity; or
``(D) is for the purpose of identifying bodies.
``(3) Application of subsection.--The prohibitions of this
subsection shall apply to any redisclosure by any entity after
another entity has disclosed the genetic information.''.
(C) Definitions.--Section 733(d) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1186(d)) is amended by adding at the end the following
new paragraph:
``(5) Genetic information; genetic test.--
``(A) The term `genetic information' with respect
to an individual means information about the genes of
the individual or a member of the individual's family
or about any gene products or inherited characteristics
that may derive from the individual or a member of the
individual's family.
``(B) The term `genetic test' means a test for
determining the presence or absence of genetic
characteristics in an individual, including tests of
nucleic acids such as DNA, RNA, and mitochondrial DNA,
chromosomes, or proteins in order to diagnose a genetic
characteristic.''.
(D) Conforming amendments.--(i) Section 731(c) of
such Act (29 U.S.C. 1191(c)) is amended by striking
``section 711'' and inserting ``sections 711 and 714''.
(ii) Section 732(a) of such Act (29 U.S.C.
1191a(a)) is amended by striking ``section 711'' and
inserting ``sections 711 and 714''.
(iii) The table of contents in section 1 of such
Act is amended by inserting after the item relating to
section 712 the following new item:
``Sec. 714. Prohibition against use and disclosure of genetic
information.''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC
INFORMATION.
``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 it applies to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Treatment of Genetic Information under Programs Administered by
the Department of Veterans' Affairs.--
(1) In general.--Subchapter III of chapter 73 of title 38,
United States Code, is amended by inserting after section 7334
the following new section:
``Sec. 7335. Treatment of genetic information
``The Secretary shall prescribe standards, relating to the use and
disclosure of genetic information in connection with hospital care and
medical services provided under chapter 17 of this title, which are
consistent with the standards applicable under section 2707 of the
Public Health Service Act (relating to prohibitions against use and
disclosure of genetic information) in connection with benefits provided
by group health plans and health insurance coverage offered by health
insurance issuers.''.
(2) Conforming amendment.--The table of sections for
chapter 73 of title 38, United States Code is amended by
inserting after the item relating to section 7334 the following
new item:
``7335. Treatment of genetic information.''.
(d) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2000.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
(3) The amendments made by subsection (c) shall apply with respect
to hospital care and medical services provided on or after such date.
SEC. 3. PROHIBITION OF EMPLOYMENT PRACTICES INVOLVING GENETIC
INFORMATION.
(a) Acquisition and Use of Genetic Information and Genetic
Testing.--
(1) In general.--Subject to paragraph (2), it shall be an
unlawful employment practice for an employer--
(A) to attempt to acquire, to acquire, or to use
the genetic information of an employee or applicant for
employment, or
(B) to require a genetic test of an employee or
applicant for employment,
for the purpose of distinguishing among employees or applicants
for employment or for the purpose of discriminating against or
restricting any right or benefit otherwise due or available to
an employee or applicant for employment, in connection with any
matter relating to employment or employment opportunities,
including terms and conditions of employment, privileges and
benefits for employees, and termination of employment.
(2) Exception.--Paragraph (1) shall not apply with respect
to any act described in paragraph (1) with respect to genetic
information or any requirement described in paragraph (1) for a
genetic test if such act or requirement--
(A) is job-related and consistent with business
necessity, or
(B) is required under Federal or State law.
(b) Nondisclosure and Confidentiality of Genetic Information.--It
shall be an unlawful employment practice for an employer--
(1) to allow access to genetic information of employees to
any person other than persons whose duties or responsibilities
in connection with the employer require access to such
information for purposes consistent with subsection (a), or
(2) to establish or maintain access by the employer to an
employee's genetic information which has been acquired--
(A) by any employee welfare benefit plan
established or maintained by the employer in which such
employee is a participant (or by any other fiduciary of
such a plan), or
(B) by any health insurance issuer offering health
insurance coverage in connection with a group health
plan in which such employee is a participant,
without the prior, written, and informed consent of the employee,
signed by the employee, setting forth the person or persons to whom
access to such information is to be allowed.
(c) Enforcement.--The powers, remedies, and procedures set forth in
sections 705 through 709 of the Civil Rights Act of 1964 shall be the
powers, remedies, and procedures this section provides to any person
alleging a violation of this section.
(d) Definitions.--As used in this section:
(1) Employer; employee.--The terms ``employer'' and
``employee'' have the meanings given such terms, respectively,
in section 701 of the Civil Rights Act of 1964 (42 U.S.C.
2000e).
(2) Employment or employment opportunities.--The term
``employment or employment opportunities'' includes job
application procedures, hiring, advancement, discharge,
compensation, job training, or any other term, condition, or
privilege of employment.
(3) Genetic information.--The term ``genetic information''
with respect to an individual means information about the genes
of the individual or a member of the individual's family or
about any gene products or inherited characteristics that may
derive from the individual or a member of the individual's
family.
(4) Genetic test.--The term ``genetic test'' means a test
for determining the presence or absence of genetic
characteristics in an individual, including tests of nucleic
acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or
proteins in order to diagnose a genetic characteristic.
(5) Other terms.--
(A) Group health plan; health insurance issuer;
health insurance coverage.--The terms ``group health
plan'', ``health insurance issuer'', and ``health
insurance coverage'' have the meanings given such
terms, respectively, in section 733 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1191b(a)).
(B) Employee welfare benefit plan; participant.--
The terms ``employee welfare benefit plan'' and
``participant'' have the meanings given such terms,
respectively, in section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002).
SEC. 4. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY
COMMISSION.
Not later than 1 year after the date of the enactment of this Act,
the National Bioethics Advisory Commission shall prepare and submit to
the appropriate committees of Congress a report containing
recommendations on--
(1) the development and implementation of standards to
provide increased protection for the collection, storage, and
use of identifiable DNA samples and genetic information
obtained from those samples; and
(2) the development and implementation of appropriate
standards for the acquisition and retention of genetic
information in all settings, including appropriate exceptions. | Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions.
Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Prohibits employer disclosure of and access to genetic information without the employee's prior written consent. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964.
Requires a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information. | {"src": "billsum_train", "title": "Genetic Privacy and Nondiscrimination Act of 1999"} | 3,481 | 172 | 0.525839 | 1.475594 | 0.705744 | 3.269737 | 20.236842 | 0.927632 |
SECTION 1. MODIFICATIONS OF TAX TREATMENT OF QUALIFIED STATE TUITION
PROGRAMS.
(a) Exclusion of Distributions Used for Educational Purposes.--
Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of
1986 (relating to treatment of distributions) is amended to read as
follows:
``(B) Distributions for qualified higher education
expenses.--Subparagraph (A) shall not apply to any
distribution to the extent--
``(i) the distribution is used exclusively
to pay qualified higher education expenses of
the distributee, or
``(ii) the distribution consists of
providing a benefit to the distributee which,
if paid for by the distributee, would
constitute payment of a qualified higher
education expense.''
(b) Qualified Higher Education Expenses to Include Room and
Board.--Section 529(e)(3) of the Internal Revenue Code of 1986
(defining qualified higher education expenses) is amended by adding at
the end the following: ``Such term shall also include reasonable costs
(as determined under the qualified State tuition program) incurred by
the designated beneficiary for room and board while attending such
institution.''
(c) Additional Modifications.--
(1) Member of family.--Paragraph (2) of section 529(e) of
the Internal Revenue Code of 1986 (relating to other
definitions and special rules) is amended to read as follows:
``(2) Member of family.--The term `member of family'
means--
``(A) an individual who bears a relationship to
another individual which is a relationship described in
paragraphs (1) through (8) of section 152(a), and
``(B) a spouse of any individual described in
subparagraph (A).''
(2) Eligible educational institution.--Section 529(e) of
such Code is amended--
(A) in paragraph (3), by striking ``(as defined in
section 135(c)(3))'' and inserting ``(within the
meaning of paragraph (5))'', and
(B) by adding at the end the following:
``(5) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965 (20 U.S.C. 1088), as in
effect on the date of the enactment of this paragraph,
and
``(B) which is eligible to participate in a program
under title IV of such Act.''
(3) Technical amendments.--
(A) Subparagraph (B) of section 529(e)(1) of such
Code is amended by striking ``subsection (c)(2)(C)''
and inserting ``subsection (c)(3)(C)''.
(B) Subparagraph (C) of section 529(e)(1) of such
Code is amended by inserting ``(or agency or
instrumentality thereof)'' after ``State or local
government''.
(C) Paragraph (2) of section 1806(c) of the Small
Business Job Protection Act of 1996 is amended by
striking so much of the first sentence as follows
subparagraph (B)(ii) and inserting the following:
``then such program (as in effect on August 20, 1996) shall be
treated as a qualified State tuition program with respect to
contributions (and earnings allocable thereto) pursuant to
contracts entered into under such program before the first date
on which such program meets such requirements (determined
without regard to this paragraph) and the provisions of such
program (as so in effect) shall apply in lieu of section 529(b)
of the Internal Revenue Code of 1986 with respect to such
contributions and earnings.''
(d) Coordination With Education Savings Bond.--Section 135(c)(2) of
the Internal Revenue Code of 1986 (defining qualified higher education
expenses) is amended by adding at the end the following:
``(C) Contributions to qualified state tuition
program.--Such term shall include any contribution to a
qualified State tuition program (as defined in section
529) on behalf of a designated beneficiary (as so
defined) who is an individual described in subparagraph
(A).''
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1996.
(2) Additional modifications.--The amendments made by
subsection (c) shall take effect as if included in the
amendments made by, and the provisions of, section 1806 of the
Small Business Job Protection Act of 1996. | Amends the Internal Revenue Code, with respect to qualified State tuition programs to, among other things: (1) provide for the exclusion from gross income of distributions used for qualified higher education expenses; (2) include room and board in the definition of qualified higher education expenses; and (3) permit income from redeemed U.S. savings bonds to be used to contribute, without including such income in gross income (subject to income limitations), to a qualified State tuition program. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the tax treatment of qualified State tuition programs."} | 1,046 | 97 | 0.536432 | 1.336129 | 0.45185 | 1.784946 | 9.817204 | 0.731183 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Communities and Safe Schools
Mercury Reduction Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Mercury is a naturally occurring element and
bioaccumulative toxin that is easily absorbed through skin and
respiratory and gastrointestinal tissues.
(2) Although mercury is naturally occurring, studies have
shown that its concentration has increased dramatically over
the past 150 to 200 years due to mining and industrial
activities.
(3) Common sources of mercury released into the environment
include breakage of mercury-containing products like
fluorescent bulbs and thermometers, the manufacturing of
mercury-containing products, and incineration of mercury-
containing products.
(4) According to recent studies, mercury deposits are a
significant public health threat in many States throughout the
United States.
(5) Fetuses, infants, and young children are at the
greatest risk from chronic low level mercury exposure.
(6) A study by the Centers for Disease Control and
Prevention found that approximately 8 percent of women of
childbearing age in the United States had mercury levels
exceeding the level considered safe by the Environmental
Protection Agency for protecting the fetus. This translates
into approximately 60,000 babies born each year in the United
States at risk of developmental harm due to mercury exposure in
the womb.
(7) A study published in the Journal of Obstetrics and
Gynecology found that elevated mercury exposures associated
with seafood could be linked to an increased risk of
infertility in both men and women.
(8) Mercury pollution is widespread. As of early 2003, 43
States had issued mercury fish consumption advisories for one
or more freshwater or marine fish.
(9) Mercury is the most common pollutant triggering fish
consumption advisories in the United States. The number of
mercury advisories has increased 138 percent from 1994 to 2002.
In 2002, mercury advisories covered 12,000,000 lake acres and
470,000 river miles.
(10) According to the Mercury Study Report, prepared by the
Environmental Protection Agency and submitted to Congress in
1997, mercury fever thermometers contribute approximately 17
tons of mercury to solid waste each year.
(11) Numerous mercury spills have been documented in
schools, often causing thousands of dollars to clean up. A
mercury spill in Washington, D.C., in September of 2003 cost
over $1,000,000 to clean up and resulted in a temporary school
closure of several weeks.
(12) Mercury-containing thermostats generally contain 3
grams of mercury, which is enough mercury to poison a 60 acre
lake for one year.
(13) Automobile scrapping is the fourth largest source of
mercury pollution nationwide, behind waste incineration, coal-
fired power plants, and commercial and industrial boilers. It
is estimated that about 20,000 pounds of automotive mercury are
released each year in the United States.
SEC. 3. GRANT PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency (in this Act referred to as the ``Administrator'')
shall establish a program for making renewable grants to governmental
and nonprofit agencies and organizations, and to for-profit entities,
for projects to--
(1) reduce harmful free-flowing elemental mercury and
mercury-added products from the environment;
(2) safely dispose of or recycle harmful mercury;
(3) educate communities and citizens about the harmful
effects of mercury;
(4) develop and carry out a plan, in accordance with
guidance provided by the Administrator under section 5, on how
to eliminate free flowing mercury and instruments containing
mercury from the premises of K-12 public and private schools;
(5) carry out a mercury thermometer exchange program; or
(6) facilitate the recovery and safe disposal and
management of mercury-added components from automobiles.
(b) Procedures and Selection Criteria.--The Administrator shall
establish procedures for the selection of grant recipients under this
section, including requirements that appropriate records and
information be made available to the Administrator as necessary to
ensure that grant funds are used for the purposes for which they are
provided. Criteria for selection shall include--
(1) strengths and weaknesses of the project;
(2) adequacy of overall project design;
(3) competency of proposed staff;
(4) suitability of applicant's available resources;
(5) appropriateness of the proposed project duration and
budget; and
(6) probability that the project will accomplish stated
objectives.
(c) Recycling Programs.--Funds provided through a grant provided
under this section may be used for a recycling program only if more
than 50 percent of the total material recycled under the program is
mercury.
(d) Automobile Components.--The Administrator shall encourage
States to develop programs that facilitate the recovery and safe
disposal and management of mercury-added component parts from
automobiles. These programs should target the removal of mercury-added
components when they are being replaced or removed from scrapped
vehicles.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for carrying out this section
$75,000,000 for each of the fiscal years 2006 through 2009.
SEC. 4. SALE OF THERMOMETERS; THERMOSTAT REPLACEMENT AND RECYCLING.
(a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) is amended by adding at the end the following:
``SEC. 3024. MERCURY.
``(a) Sale of Thermometers.--Effective beginning 180 days after the
date of enactment of this section--
``(1) a person shall not sell or supply a mercury fever
thermometer to a consumer, except by prescription; and
``(2) with each mercury fever thermometer sold or supplied
by prescription, the manufacturer of the thermometer shall
provide clear instructions on--
``(A) careful handling of the thermometer to avoid
breakage; and
``(B) proper cleanup of the thermometer and its
contents in the event of breakage.
``(b) Thermostat Replacement.--Effective beginning 2 years after
the date of enactment of this section--
``(1) a contractor who replaces a building thermostat in a
residential or commercial building shall dispose of the
replaced thermostat through a recycling program established or
participated in under paragraph (2); and
``(2) each manufacturer of building thermostats for
installation in a residential or commercial building shall--
``(A) establish or participate in a program for the
safe and environmentally responsible recycling of
thermostats replaced by the manufacturer's thermostats;
and
``(B) establish or participate in a program to
clearly educate individuals who sell or install the
manufacturer's thermostats about the program
established under subparagraph (A).''.
(b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal
Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items
relating to subtitle C the following:
``Sec. 3024. Mercury.''.
SEC. 5. SCHOOL PREMISES GUIDANCE.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall publish guidance to assist State and local
governments to remove elemental free-flowing mercury and mercury-added
instruments from the premises of public and private schools.
Thermostats, computers, and motorized vehicles shall not be considered
instruments for the purposes of this section.
SEC. 6. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Administrator, after obtaining necessary
information from appropriate State agencies, shall transmit to the
Congress a report on the progress made under this Act. Such report
shall include--
(1) an executive summary;
(2) a brief description of the background of this Act;
(3) a State-by-State progress summary of mercury reduction
efforts relating to this Act, including a quantitative analysis
of the amount of mercury eliminated, recycled, or disposed of
in each State, and an identification of the method or program
responsible;
(4) a description of grants and amounts awarded under
section 3, and of the criteria used for awarding those grants;
(5) a summary of a few selected mercury reduction programs
that received grants, with a description of the success or
problems each program had;
(6) a detailed financial reporting of total administration
costs of carrying out this Act;
(7) a joint summary, by the Administrator and appropriate
State officials, that describes the coordination and
communication progress and problems between the Federal and
State Governments in carrying out this Act; and
(8) recommendations for greater efficiency or improvement
of administration of this Act.
SEC. 7. MERCURY AMALGAM REDUCTION.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator shall issue guidelines that specify
requirements for dentists to capture 90 percent or more of mercury-
laden amalgam when administering amalgam to, or recovering amalgam
from, their patients.
(b) Considerations.--The guidelines described in subsection (a)
shall take into account--
(1) Federal, State, and local mercury-laden amalgam
programs in existence;
(2) current use of mercury-laden amalgam by dentists;
(3) current waste management practices used by dental
offices and their mercury-laden amalgam capture rates;
(4) the number of technologies that capture mercury-laden
amalgam, and their availability, capture rates, and
affordability;
(5) the economic costs to dental offices in meeting the 90
percent capture requirements;
(6) structural designs of office buildings that may
restrict technologies that can be used to capture mercury-laden
amalgam;
(7) implementing a process in which dental offices can
request an exemption waiver from meeting these requirements;
(8) geographic areas where the bioaccumulation of mercury-
laden amalgam is more likely; and
(9) lack of recycling or waste management programs or
infrastructure that supports the safe removal and management of
mercury-laden amalgam within reasonable proximities to dental
offices. | Safe Communities and Safe Schools Mercury Reduction Act of 2005 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a grant program for projects to: (1) reduce free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle mercury; (3) educate communities and citizens about mercury's harmful effects; (4) develop and carry out a plan for eliminating free-flowing mercury and instruments containing mercury from K-12 public and private schools; (5) carry out a mercury thermometer exchange program; or (6) facilitate the recovery, and safe disposal and management, of mercury-added components from automobiles.
Directs the Administrator to encourage States to develop programs that facilitate the recovery and safe disposal and management of mercury-added component parts from automobiles when components are being replaced or removed from scrapped vehicles.
Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supplying of mercury fever thermometers to consumers except by prescription; and (2) require manufacturers of such prescribed thermometers to provide instructions on careful handling to avoid breakage and proper cleanup in the event of breakage. Requires contractors who replace building thermostats in residential or commercial buildings to dispose of replaced thermometers through recycling programs established or participated in by building thermostat manufacturers as required by this Act.
Requires the Administrator to publish guidance to assist State and local governments in removing elemental free-flowing mercury and mercury-added instruments from public and private schools.
Directs the Administrator to issue regulations requiring dentists to capture 90 percent or more of mercury-laden amalgam when administering amalgam to or recovering amalgam from patients. Sets forth considerations that such guidelines shall take into account. | {"src": "billsum_train", "title": "To provide for the reduction of mercury in the environment."} | 2,143 | 365 | 0.47516 | 1.578303 | 0.685588 | 4.589666 | 6.246201 | 0.924012 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids IRA Act of 2008 (K-IRA)''.
SEC. 2. YOUNG SAVERS ACCOUNT.
(a) Establishment of Accounts.--
(1) In general.--Section 408A of the Internal Revenue Code
of 1986 (relating to Roth IRAs) is amended by adding at the end
the following new subsection:
``(g) Young Savers Account.--
``(1) In general.--Except as provided in this subsection, a
young savers account shall be treated in the same manner as a
Roth IRA.
``(2) Young savers account.--For purposes of this
subsection, the term `young savers account' means, with respect
to any taxable year, a Roth IRA which is established and
maintained on behalf of an individual who has not attained age
26 before the close of the taxable year.
``(3) Contribution limits.--In the case of any
contributions for any taxable year to 1 or more young savers
accounts established and maintained on behalf of an individual,
each of the following contribution limits for the taxable year
shall be increased as follows:
``(A) The contribution limit applicable to the
individual under subsection (c)(2) shall be increased
by the aggregate amount of qualified young saver
contributions to such accounts for the taxable year.
``(B) The contribution limits applicable to the
young savers accounts under subsection (a)(1) or
(b)(2)(B) of section 408, whichever is applicable,
shall be increased by the deductible amount in effect
under section 219(b)(5) for such taxable year
(determined without regard to subparagraph (B)
thereof).
``(4) Qualified contributions.--For purposes of this
subsection--
``(A) In general.--The term `qualified young saver
contribution' means a contribution by an individual
(with respect to whom a young savers account is not
established and maintained during the taxable year) to
a young savers account established and maintained on
behalf of another individual.
``(B) Limitations.--
``(i) Limit on accounts with respect to
individual.--The aggregate amount of
contributions which may be made for any taxable
year to all young savers accounts established
and maintained on behalf of an individual shall
not exceed the deductible amount in effect for
the taxable year under section 219(b)(5)
(determined without regard to subparagraph (B)
thereof).
``(ii) Limit on contributors.--The
aggregate amount of qualified contributions an
individual may make for any taxable year to all
young savers accounts shall not exceed the
deductible amount in effect for the taxable
year under section 219(b)(5) (determined
without regard to subparagraph (B) thereof).''.
(b) Partial Deductibility of Qualified Young Saver Contributions.--
Section 219 of such Code (relating to retirement savings) is amended by
adding at the end the following new subsection:
``(f) Qualified Young Saver Contributions.--
``(1) In general.--The amount allowable as a deduction
under this section (determined without regard to this
subsection) to any individual for any taxable year shall be
increased by an amount equal to 20 percent of so much of the
qualified young saver contributions (as defined in section
408A(g)) made by such individual for such taxable year as does
not exceed $5,000.
``(2) Limit based on modified adjusted gross income.--The
amount determined under paragraph (1) shall be reduced in the
same manner as under section 408A(c)(3)(A), except that the
applicable dollar amount shall be--
``(A) in the case of a taxpayer filing a joint
return, $315,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$200,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, the dollar
amounts in subparagraphs (A) and (B) of paragraph (2) shall
each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.''.
(c) Conforming Amendment.--Paragraph (1) of section 408A(c) of such
Code (relating to no deduction allowed) is amended by striking ``No
deduction'' and inserting ``Except as provided in section 219(f), no
deduction''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Kids IRA Act of 2008 (K-IRA) - Amends the Internal Revenue Code to establish young savers account for individual taxpayers under age 26. Treats such accounts as Roth individual retirement accounts (Roth IRAs) for income tax purposes. Allows a tax deduction for contributions to young savers accounts, up to $5,000 a taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for tax preferred savings accounts for individuals under age 26, and for other purposes."} | 1,141 | 82 | 0.60169 | 1.315704 | 0.523359 | 2.921875 | 15.828125 | 0.859375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Abuse Protection Act of 2013''.
SEC. 2. NOTICE RELATING TO ACCESSING ACCOUNT, RETURN, OR RETURN
INFORMATION.
(a) In General.--Section 6103 of the Internal Revenue Code of 1986
is amended by redesignating subsection (q) as subsection (r) and by
inserting after subsection (p) the following new subsection:
``(q) Notice Relating to Accessing Account, Return, or Return
Information.--
``(1) In general.--The Secretary shall provide notice, in
writing, to a taxpayer any time the taxpayer's account, return,
or return information is accessed by the Secretary.
``(2) Special rules relating to investigations.--
``(A) Investigations by the secretary.--In the case
of any civil or criminal investigation, the notice
required by paragraph (1) shall be provided not later
than 1 year after such investigation is closed.
``(B) Investigations by states.--In the case of any
investigation by a State using information provided
pursuant to subsection (d), the notice required by
paragraph (1) shall be provided after the Secretary
receives notice with respect to such investigation
pursuant to subsection (d)(7). Notice provided pursuant
to this subparagraph shall include all information
provided to the Secretary pursuant to subsection
(d)(7).
``(3) Notice.--The notice required by paragraph (1) shall
include the following:
``(A) Who accessed such account, return, or return
information.
``(B) The purpose for which such account, return,
or return information was accessed.
``(C) How such account, return, or return
information was accessed.
``(4) Copy of information accessed.--In addition to the
notice required to be provided by paragraph (1), the Secretary
shall provide with such notice a copy of all information
accessed.
``(5) Subsequent use of accessed information.--If a report
or other use of an account, return, or return information for
which notice is provided under paragraph (1) is made, the
Secretary shall provide such report or a report of such use to
the taxpayer.
``(6) Taxpayer rights.--The Secretary shall include with
each notice provided under this subsection a notice of taxpayer
rights pursuant to the Taxpayer Bill of Rights 2.''.
(b) Availability of Inspector General for Tax Administration
Reports.--Section 7803(d) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(4) Availability of inspector general for tax
administration reports.--If the Inspector General for Tax
Administration investigates any unauthorized use a taxpayer's
account, return, or return information, the Inspector General
for Tax Administration shall notify the taxpayer of such
investigation and provide full access to any report by the
Inspector General for Tax Administration with respect to the
investigation.''.
(c) State Access to Taxpayer Information.--Section 6103(d) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(7) Submission of notification to secretary.--The
Secretary may not provide any access or disclosure under the
preceding paragraphs of this subsection until the entity to be
provided access or disclosure agrees to notify the Secretary
within 1 year after an investigation is closed the identity of
who accessed such information, what was accessed, why it was
accessed and how it was accessed.''.
(d) Reports of Unauthorized Access to Congress.--Section 6103(f) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(6) Unauthorized access reports, etc.--Notwithstanding
any other provision of this section, the Secretary with respect
to Internal Revenue Service employees, and the Inspector
General for Tax Administration with respect to any audit, shall
submit to each member of the committees referred to in
paragraph (1) any report of the Secretary or the Inspector
General for Tax Administration, as the case may be, regarding
unauthorized access, violation of rights, laws, or any rules or
regulations of the Internal Revenue Service.''.
(e) Effective Dates.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply with respect to information accessed after the date
of the enactment of this Act.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply with respect to investigations closed after the
date of the enactment of this Act.
(3) Subsection (c).--The amendment made by subsection (c)
shall apply to access and disclosures after the date of the
enactment of this Act.
(4) Subsection (d).--The amendment made by subsection (d)
shall apply with respect to information accessed and reports
prepared after the date of the enactment of this Act. | IRS Abuse Protection Act of 2013 - Amends the Internal Revenue Code to require the Secretary of the Treasury to provide written notice to a taxpayer any time such taxpayer's account, tax return, or return information is accessed by the Department of the Treasury. Requires such notice to include: (1) who accessed such information, (2) the purpose for which such information was accessed, (3) how much information was accessed, (4) a copy of all information accessed, and (5) a notice of taxpayer rights. Prohibits the Secretary from providing access to or disclosing taxpayer information to a state entity conducting an investigation until such entity agrees to notify the Secretary, within one year after the investigation is closed, of the identity of who accessed such information, what was accessed, and why and how such information was accessed. Requires the Inspector General for Tax Administration of the Department of the Treasury to notify a taxpayer of an investigation by the Inspector General of any unauthorized use of a taxpayer's account, tax return, or tax information and provide full access to any report with respect to such investigation. | {"src": "billsum_train", "title": "IRS Abuse Protection Act of 2013"} | 1,075 | 240 | 0.696422 | 1.953597 | 0.900109 | 3.097674 | 4.627907 | 0.911628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Fertility Coverage Act of
2005''.
SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides for
coverage of impotency medications such as viagra shall also provide
coverage of fertility treatments.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(c) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides for
coverage of impotency medications such as viagra shall also provide
coverage of fertility treatments.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``714. Equity in fertility coverage.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--The provisions of section 2707 (other than
subsection (c)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(c) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) FEHBP.--Section 8902 of title 5, United States Code, is amended
by adding at the end the following the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2753 of the Public Health
Service Act.''.
(d) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2006.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 2006.
(3) The amendment made by subsection (c) shall apply with respect
to contracts for periods beginning on and after January 1, 2006.
(e) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, and the
provisions of parts A and C of title XXVII of the Public Health Service
Act''. | Equity in Fertility Coverage Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage of impotency medications such as Viagra to also provide coverage of fertility treatments.
Applies such requirements to coverage offered in the individual market and to coverage offered through the federal employees health benefit plan. | {"src": "billsum_train", "title": "To assure equitable treatment of fertility and impotence in health care coverage under group health plans, health insurance coverage, and health plans under the Federal employees' health benefits program."} | 1,416 | 97 | 0.639142 | 1.596252 | 0.787598 | 4.285714 | 14.738095 | 0.928571 |
SECTION 1. EXPANSION OF AUTHORITY OF UNITED STATES NAVAL POSTGRADUATE
SCHOOL TO ADMIT CIVILIAN STUDENTS.
(a) Admission on Space-Available Basis.--Section 7047 of title 10,
United States Code, is amended to read as follows:
``Sec. 7047. Admission of civilians
``(a) Admission Pursuant to Reciprocal Agreement.--With the
approval of the Secretary of the Navy, the Superintendent of the Naval
Postgraduate School may enter into an agreement with an accredited
institution of higher education (or a consortium of such institutions)
to permit a student described in subsection (c) who is enrolled at an
institution of higher education that is a party to the agreement to
receive instruction at the Naval Postgraduate School on a tuition-free
basis. In exchange for the admission of the student under this
subsection, the institution of higher education shall be required to
permit an officer of the armed forces to attend, on a tuition-free
basis, courses offered by that institution corresponding in length to
the instruction provided to the student at the Naval Postgraduate
School.
``(b) Admission on Space-Available Basis.--With the approval of the
Secretary of the Navy, the Superintendent may permit a student
described in subsection (c) who is enrolled at an institution of higher
education that is a party to an agreement under subsection (a) to
receive instruction at the Naval Postgraduate School on a cost-
reimbursable, space-available basis. The Superintendent may also permit
other persons to receive instruction at the Naval Postgraduate School
on a cost-reimbursable, space-available basis if the Superintendent
determines that the person would benefit from the instruction provided
at the school.
``(c) Eligible Students.--A student enrolled at an institution of
higher education may be admitted to the Naval Postgraduate School under
subsection (a) or (b) if--
``(1) the student is a citizen of the United States, is
lawfully admitted for permanent residence in the United States,
or is lawfully admitted to the United States for the purpose of
pursuing a course of study at an institution of higher
education; and
``(2) the Superintendent determines that the student has an
interest in a field of study designated by the Superintendent
as related to naval warfare and national security or other
activities of the Naval Postgraduate School.
``(d) Retention of Funds Collected.--Amounts collected under
subsection (b) to reimburse the Naval Postgraduate School for the costs
of providing instruction to students or other persons permitted to
attend the Naval Postgraduate School under such subsection shall be
credited as an addition to the appropriation supporting the maintenance
and operation of the Naval Postgraduate School.''.
(b) Clerical Amendment.--The table of contents at the beginning of
chapter 605 of title 10, United States Code, is amended by striking out
the item relating to section 7047 and inserting in lieu thereof the
following new item:
``7047. Admission of civilians.''.
SEC. 2. AUTHORITY OF UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY TO
ADMIT CIVILIAN STUDENTS.
(a) Admission of Civilians.--Chapter 901 of title 10, United States
Code, is amended by inserting after section 9314 the following new
section:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of civilians
``(a) Admission Pursuant to Reciprocal Agreement.--With the
approval of the Secretary of the Air Force through the Commandant of
the United States Air Force Institute of Technology (AFIT), the
Commandant may enter into agreements with accredited institutions of
higher education (or consortia of such institutions) to permit a
student described in subsection (c) who is enrolled at an institution
of higher education that is a party to such an agreement to receive
instruction at the United States Air Force Institute of Technology on
the basis of the agreement.
``(b) Admission on a Fee-for-Service, Space-Available Basis.--With
the approval of the Secretary of the Air Force through the AFIT
Commandant, the Commandant may permit a student described in subsection
(c) who is enrolled at an institution of higher education that is a
party to an agreement under subsection (a) to receive instruction at
the United States Air Force Institute of Technology on a fee-for-
service, space-available basis. The Commandant may also permit other
persons to receive instruction at the institute on a fee-for-service,
space-available basis if the Commandant determines that the person or
the Federal Government would benefit from the instruction provided at
the institute and that comparable instruction is not reasonably and
expeditiously available through civilian schools.
``(c) Eligible Students.--A student enrolled at an institution of
higher education may be admitted to the United States Air Force
Institute of Technology under subsection (a) or (b) if--
``(1) the student is a citizen of the United States, is
lawfully admitted for permanent residence in the United States,
or is lawfully admitted to the United States for the purpose of
pursuing a course of study at an institution of higher
education; and
``(2) the Commandant determines that the student has an
interest in a field of study designated by the Commandant as
related to the activities of the institute.
``(d) Retention of Funds Collected.--Amounts collected under
subsection (b) to reimburse the United States Air Force Institute of
Technology for the costs of providing instruction to students or other
persons permitted to attend the institute under such subsection shall
be credited as an addition to the appropriation supporting the
maintenance and operation of the institute.''.
(b) Clerical Amendments.--(1) The heading of section 9314 of title
10, United States Code, is amended to read as follows:
``Sec. 9314. United States Air Force Institute of Technology: degrees
and civilian faculty''.
(2) The table of sections at the beginning of chapter 901 of title
10, United States Code, is amended by striking out the item relating to
section 9314(a) and inserting in lieu thereof the following new items:
``9314. United States Air Force Institute of Technology: degrees and
civilian faculty.
``9314a. United States Air Force Institute of Technology: admission of
civilians.''. | Authorizes the Superintendent of the Naval Postgraduate School (currently, the Secretary of the Navy) to enter into agreements with higher educational institutions whereby certain civilian students receive instruction at the School on a tuition-free basis in exchange for officers receiving instruction at the participating institution on the same basis. Expands the list of eligible students to include those lawfully admitted to the Unitedd States to pursue courses in higher education (currently, only U.S. citizens or those lawfully admitted for permanent residence are permitted). Allows others to receive instruction at the School on a cost-reimbursable, space-available basis, with funds received to be used to maintain and operate the School.
Provides identical authority for the Commandant of the United States Air Force Institute of Technology, with the approval of the Secretary of the Air Force. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to expand the authority of the United States Naval Postgraduate School to admit civilians as students and to authorize the United States Air Force Institute of Technology to admit civilians as students."} | 1,432 | 174 | 0.637808 | 1.819216 | 0.898741 | 3.16129 | 8.225806 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Students and
Taxpayers Act of 2013'' or ``POST Act of 2013''.
SEC. 2. 85/15 RULE.
(a) In General.--Section 102(b) of the Higher Education Act of 1965
(20 U.S.C. 1002(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) meets the requirements of paragraph (2).'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Revenue sources.--
``(A) In general.--In order to qualify as a
proprietary institution of higher education under this
subsection, an institution shall derive not less than
15 percent of the institution's revenues from sources
other than Federal funds, as calculated in accordance
with subparagraphs (B) and (C).
``(B) Federal funds.--In this paragraph, the term
`Federal funds' means any Federal financial assistance
provided, under this Act or any other Federal law,
through a grant, contract, subsidy, loan, guarantee,
insurance, or other means to a proprietary institution,
including Federal financial assistance that is
disbursed or delivered to an institution or on behalf
of a student or to a student to be used to attend the
institution, except that such term shall not include
any monthly housing stipend provided under the Post-9/
11 Veterans Educational Assistance Program under
chapter 33 of title 38, United States Code.
``(C) Implementation of non-federal revenue
requirement.--In making calculations under subparagraph
(A), an institution of higher education shall--
``(i) use the cash basis of accounting;
``(ii) consider as revenue only those funds
generated by the institution from--
``(I) tuition, fees, and other
institutional charges for students
enrolled in programs eligible for
assistance under title IV;
``(II) activities conducted by the
institution that are necessary for the
education and training of the
institution's students, if such
activities are--
``(aa) conducted on campus
or at a facility under the
control of the institution;
``(bb) performed under the
supervision of a member of the
institution's faculty; and
``(cc) required to be
performed by all students in a
specific educational program at
the institution; and
``(III) a contractual arrangement
with a Federal agency for the purpose
of providing job training to low-income
individuals who are in need of such
training;
``(iii) presume that any Federal funds that
are disbursed or delivered to an institution on
behalf of a student or directly to a student
will be used to pay the student's tuition,
fees, or other institutional charges,
regardless of whether the institution credits
such funds to the student's account or pays
such funds directly to the student, except to
the extent that the student's tuition, fees, or
other institutional charges are satisfied by--
``(I) grant funds provided by an
outside source that--
``(aa) has no affiliation
with the institution; and
``(bb) shares no employees
with the institution; and
``(II) institutional scholarships
described in clause (v);
``(iv) include no loans made by an
institution of higher education as revenue to
the school, except for payments made by
students on such loans;
``(v) include a scholarship provided by the
institution--
``(I) only if the scholarship is in
the form of monetary aid based upon the
academic achievements or financial need
of students, disbursed to qualified
student recipients during each fiscal
year from an established restricted
account; and
``(II) only to the extent that
funds in that account represent
designated funds, or income earned on
such funds, from an outside source
that--
``(aa) has no affiliation
with the institution; and
``(bb) shares no employees
with the institution; and
``(vi) exclude from revenues--
``(I) the amount of funds the
institution received under part C of
title IV, unless the institution used
those funds to pay a student's
institutional charges;
``(II) the amount of funds the
institution received under subpart 4 of
part A of title IV;
``(III) the amount of funds
provided by the institution as matching
funds for any Federal program;
``(IV) the amount of Federal funds
provided to the institution to pay
institutional charges for a student
that were refunded or returned; and
``(V) the amount charged for books,
supplies, and equipment, unless the
institution includes that amount as
tuition, fees, or other institutional
charges.
``(D) Report to congress.--Not later than July 1,
2014, and by July 1 of each succeeding year, the
Secretary shall submit to the authorizing committees a
report that contains, for each proprietary institution
of higher education that receives assistance under
title IV and as provided in the audited financial
statements submitted to the Secretary by each
institution pursuant to the requirements of section
487(c)--
``(i) the amount and percentage of such
institution's revenues received from Federal
funds; and
``(ii) the amount and percentage of such
institution's revenues received from other
sources.''.
(b) Repeal of Existing Requirements.--Section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094) is amended--
(1) in subsection (a)--
(A) by striking paragraph (24);
(B) by redesignating paragraphs (25) through (29)
as paragraphs (24) through (28), respectively;
(C) in paragraph (24)(A)(ii) (as redesignated by
subparagraph (B)), by striking ``subsection (e)'' and
inserting ``subsection (d)''; and
(D) in paragraph (26) (as redesignated by
subparagraph (B)), by striking ``subsection (h)'' and
inserting ``subsection (g)'';
(2) by striking subsection (d);
(3) by redesignating subsections (e) through (j) as
subsections (d) through (i), respectively;
(4) in subsection (f)(1) (as redesignated by paragraph
(3)), by striking ``subsection (e)(2)'' and inserting
``subsection (d)(2)''; and
(5) in subsection (g)(1) (as redesignated by paragraph
(3)), by striking ``subsection (a)(27)'' in the matter
preceding subparagraph (A) and inserting ``subsection
(a)(26)''.
(c) Conforming Amendments.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 152 (20 U.S.C. 1019a)--
(A) in subsection (a)(1)(A), by striking
``subsections (a)(27) and (h) of section 487'' and
inserting ``subsections (a)(26) and (g) of section
487''; and
(B) in subsection (b)(1)(B)(i)(I), by striking
``section 487(e)'' and inserting ``section 487(d)'';
(2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by
striking ``section 487(a)(25)'' each place the term appears and
inserting ``section 487(a)(24)'';
(3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by
striking ``section 487(f)'' and inserting ``section 487(e)'';
and
(4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by
striking ``section 487(f)'' and inserting ``section 487(e)''. | Protecting Our Students and Taxpayers Act of 2013 or the POST Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 15% of their revenue from sources other than federal funds or become ineligible for title IV funding. (Currently, the 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.) Defines "federal funds" as federal financial assistance provided through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including federal financial assistance that is provided to an institution on behalf of a student or to a student to attend the institution. Excludes monthly housing stipends provided under the Post-9/11 Veterans Educational Assistance program from consideration as federal funds. Limits what a proprietary institution may treat as revenue to the school in calculating whether it derives at least 15% of its revenue from non-federal funds. | {"src": "billsum_train", "title": "POST Act of 2013"} | 1,873 | 238 | 0.626132 | 1.817509 | 0.920141 | 3.204082 | 8.744898 | 0.806122 |
SECTION 1. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 198. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.
``(a) In General.--A taxpayer may elect to treat any qualified
environmental remediation expenditure which is paid or incurred by the
taxpayer as an expense which is not chargeable to capital account. Any
expenditure which is so treated shall be allowed as a deduction for the
taxable year in which it is paid or incurred.
``(b) Qualified Environmental Remediation Expenditure.--For
purposes of this section--
``(1) In general.--The term `qualified environmental
remediation expenditure' means any expenditure--
``(A) which is otherwise chargeable to capital
account, and
``(B) which is paid or incurred in connection with
the abatement or control of hazardous substances at a
qualified contaminated site.
``(2) Special rule for expenditures for depreciable
property.--Such term shall not include any expenditure for the
acquisition of property of a character subject to the allowance
for depreciation which is used in connection with the abatement
or control of hazardous substances at a qualified contaminated
site; except that the portion of the allowance under section
167 for such property which is otherwise allocated to such site
shall be treated as a qualified environmental remediation
expenditure.
``(c) Qualified Contaminated Site.--For purposes of this section--
``(1) In general.--The term `qualified contaminated site'
means any area--
``(A) which is held by the taxpayer for use in a
trade or business or for the production of income, or
which is property described in section 1221(1) in the
hands of the taxpayer, and
``(B) which contains (or potentially contains) any
hazardous substance.
``(2) Taxpayer must receive statement from state
environmental agency.--An area shall be treated as a qualified
contaminated site by reason of a substance described in
subparagraph (A), (B), or (C) of subsection (d)(1) only if the
taxpayer receives a statement from the appropriate agency of
the State in which such area is located that such area meets
the requirements of subparagraph (B) of paragraph (1) of this
subsection.
``(3) Appropriate state agency.-- For purposes of paragraph
(2), the appropriate agency of a State is the agency designated
by the Administrator of the Environmental Protection Agency for
purposes of this section. If no agency of a State is designated
under the preceding sentence, the appropriate agency for such
State shall be the Environmental Protection Agency.
``(d) Hazardous Substance.--For purposes of this section--
``(1) In general.--The term `hazardous substance' means--
``(A) any substance which is a hazardous substance
as defined in section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980,
``(B) any substance which is designated as a
hazardous substance under section 102 of such Act,
``(C) any extremely hazardous substance under the
Emergency Planning and Community Right to Know Act of
1986,
``(D) asbestos (whether friable or nonfriable),
``(E) radon,
``(F) lead paint, and
``(G) any petroleum product.
``(2) Exception.--Such term shall not include any substance
described in subparagraph (A), (B), (C), or (G) of paragraph
(1) with respect to which a removal or remedial action is not
permitted under section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 by reason of
subsection (a)(3) thereof.
``(e) Deduction Recaptured as Ordinary Income on Sale, Etc.--Solely
for purposes of section 1245, in the case of property to which a
qualified environmental remediation expenditure would have been
capitalized but for this section--
``(1) the deduction allowed by this section for such
expenditure shall be treated as a deduction for depreciation,
and
``(2) such property (if not otherwise section 1245
property) shall be treated as section 1245 property solely for
purposes of applying section 1245 to such deduction.
``(f) Coordination With Other Provisions.--Sections 280B and 468
shall not apply to amounts which are treated as expenses under this
section.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 198. Expensing of environmental
remediation costs.''
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after the date of the enactment
of this Act, in taxable years ending after such date. | Amends the Internal Revenue Code to permit the expensing for tax deduction purposes of certain environmental remediation costs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage the cleanup of contaminated brownfield sites."} | 1,167 | 25 | 0.529359 | 1.300437 | 0.317303 | 1.842105 | 54.578947 | 0.789474 |
TITLE I--STEAMTOWN NATIONAL HISTORIC SITE
SEC. 101. ESTABLISHMENT.
(a) Establishment.--In order to preserve and interpret certain
elements of railroading, especially steam-operated railroads during the
period of 1850 to 1950, there is hereby established the Steamtown
National Historic Site (hereinafter in this title referred to as the
``historic site''). The purposes of the historic site shall include
interpretation of the evolution of railroads and their impact on the
development of this nation, including technological, economic, social,
and political effects and the relationship of railroads to
industrialization.
(b) Boundaries.--The historic site shall consist of the lands and
interests in lands within the area generally depicted on the map
entitled ``Boundary Map, Steamtown National Historic Site'', numbered
STTO-80,000B, and dated June, 1994. The map shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. No revisions may be made in the
boundary of the historic site, except by Act of Congress.
(c) Repeal.--Sections 1 through 5 of the Steamtown National
Historic Site Act of 1986 (Public Law 99-591; 100 Stat. 3341-248-249)
are hereby repealed.
SEC. 102. ADMINISTRATION.
The Secretary of the Interior (hereinafter in this title referred
to as the ``Secretary'') shall administer the historic site in
accordance with this title and with the provisions of law generally
applicable to units of the national park system, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3,
and 4). On or before September 30, 1995, the Secretary shall prepare
and submit to the Committee on Natural Resources of the United States
House of Representatives and to the Committee on Energy and Natural
Resources of the United States Senate a new comprehensive general
management plan for the historic site. The plan shall be prepared with
the assistance of nationally recognized experts in railroad management
and history and shall be consistent with this title, with section 12 of
the Act of August 18, 1970 (16 U.S.C. 1a-1 through 1a-7) and with other
applicable provisions of law. The Secretary shall provide for public
participation and comment in the development of the plan.
SEC. 103. ACQUISITION OF LAND.
(a) In General.--The Secretary may acquire lands or interests in
land within the boundaries of the historic site only by donation or by
purchase with donated funds.
(b) Contaminated Lands.--The Secretary may not acquire any lands or
interests in lands for purposes of the historic site unless such lands
are not contaminated with a hazardous substance or a pollutant or
contaminant which will require removal or remedial action at the
expense of the United States. The Secretary shall take such steps as
are necessary to obtain cost recovery under the Comprehensive
Environmental Compensation, Response, and Liability Act of 1980
(Superfund) for any funds of the National Park Service expended, prior
to the date of the enactment of this Act, on removal or remedial action
with respect to any contamination of lands within the boundaries of
historic site. Any such reimbursement shall be credited to
miscellaneous receipts in the Treasury.
SEC. 104. PARK SERVICE ACTIVITIES.
(a) In General.--The Secretary shall take such actions as necessary
and appropriate to administer the historic site, to maintain and
preserve the facilities at the historic site, to interpret the
resources of the site and their history to the public, and to provide
essential services to the public at the historic site.
(b) Railroad Equipment.--(1) The Secretary shall preserve the
collection of railroad equipment, including locomotives and rolling
stock, which is present at the historic site as of the date of
enactment of this Act. The Secretary may also preserve such equipment
and essential machinery as is necessary for the maintenance of the
locomotives and rolling stock. The Secretary may not purchase any
additional locomotive for operation at the historic site if such
purchase would result in the operation by the United States at the
historic site of more locomotives than the number of locomotives
operating at the site as of June 22, 1994.
(2) No Federal funds may be expended to provide access between the
historic site and any structure that is privately owned and operated
for profit. The Secretary may exchange or purchase appropriate examples
of locomotives and rolling stock to enhance the site's collection if
the total number of such equipment does not increase and if all such
actions are consistent with the general management plan for the
historic site.
(3) The Secretary shall dispose of all locomotives and rolling
stock that are not needed for exchange under paragraph (2), that do not
meet the criteria of the National Register of Historic Places, and that
are not necessary for the interpretive activities of the historic site.
(4) The Secretary shall submit a report to the Congress no later
than -F-e-b-r-u-a-r-y -3-1-, February 28, 1995 containing an inventory
of all locomotive and rolling stock at the historic site, a statement
of the range of historic significance of the components of the
collection, a statement of how many of each are needed to meet the
purposes of the historic site, the restoration and repair plans and
estimates of the Secretary for facilities and equipment at the historic
site, and a detailed deaccession plan.
(5) The Secretary shall, to the extent practicable, seek donations
and assistance from volunteers and other cost-sharing methods to
restore the locomotives and rolling stock.
(c) Artifacts and Archival Materials.--The Secretary shall preserve
the artifact collection and archival materials located at the site.
(d) Excursions.--To the extent that it furthers public
understanding, and provided that appropriate interpretation is
provided, the Secretary may provide a regular excursion from Scranton,
Pennsylvania, to Moscow, Pennsylvania. For purposes of such excursions,
the Secretary may provide essential visitor services at Moscow,
Pennsylvania. The Secretary may not expend funds of the National Park
Service for the restoration or maintenance of tracks, bridges or
tunnels located outside the historic site, except that the Secretary
may use funds appropriated prior to November 15, 1991 for restoration
of tracks and bridges between the historic site and Moscow,
Pennsylvania, pursuant to a cooperative agreement to be entered into
between the Secretary and the owner of such tracks and bridges
permitting the National Park Service to use such tracks and bridges for
excursions authorized under this section. The Secretary may pay
customary and appropriate track usage fees and may also provide
additional special excursions if no such excursion is longer than 60
miles one way.
-(-e-) -U-s-e-r -a-n-d -I-n-t-e-r-p-r-e-t-i-v-e -F-e-e-s-.----(-1-)
-U-s-e-r -o-r -i-n-t-e-r-p-r-e-t-i-v-e -f-e-e-s -c-h-a-r-g-e-d -f-o-r
-t-h-e -r-a-i-l -e-x-c-u-r-s-i-o-n -f-r-o-m -t-h-e -h-i-s-t-o-r-i-c
-s-i-t-e -t-o -M-o-s-c-o-w-, -P-e-n-n-s-y-l-v-a-n-i-a-, -o-r -t-o
-a-n-y -o-t-h-e-r -l-o-c-a-t-i-o-n -s-h-a-l-l -b-e
-e-s-t-a-b-l-i-s-h-e-d -a-t -a -l-e-v-e-l -s-u-c-h -t-h-a-t -a
-m-i-n-i-m-u-m -o-f -1-0-0 -p-e-r-c-e-n-t -o-f -t-h-e -c-o-s-t-s -o-f
-m-a-i-n-t-e-n-a-n-c-e-, -p-e-r-s-o-n-n-e-l-, -e-q-u-i-p-m-e-n-t-,
-a-n-d -f-e-e-s -i-m-p-o-s-e-d -o-n -t-h-e -S-e-c-r-e-t-a-r-y -f-o-r
-t-h-e -e-x-c-u-r-s-i-o-n -s-h-a-l-l -b-e -r-e-c-o-v-e-r-e-d -b-y
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-a-u-t-h-o-r-i-z-e-d -t-o -i-m-p-o-s-e -a -f-e-e -o-n -a-n-y
-p-e-r-s-o-n -u-s-i-n-g -t-h-e -c-o-r-e -c-o-m-p-l-e-x -w-i-t-h-i-n
-t-h-e -s-i-t-e-. -T-h-e -a-m-o-u-n-t -o-f -s-u-c-h -f-e-e -s-h-a-l-l
-n-o-t -e-x-c-e-e-d -a -s-i-n-g-l-e -c-h-a-r-g-e -o-f -$-5 -p-e-r
-p-e-r-s-o-n -p-e-r -d-a-y -f-o-r -t-h-e -u-s-e -o-f -t-h-e
-e-n-t-i-r-e -c-o-r-e -c-o-m-p-l-e-x-. -N-o -f-e-e -s-h-a-l-l -b-e
-i-m-p-o-s-e-d -f-o-r -t-h-e -u-s-e -o-f -s-u-c-h -c-o-m-p-l-e-x -b-y
-a-n-y -p-e-r-s-o-n -u-n-d-e-r -1-6 -y-e-a-r-s -o-f -a-g-e -o-r -a-n-y
-p-e-r-s-o-n -w-h-o -i-s -p-a-r-t -o-f -a-n -o-r-g-a-n-i-z-e-d
-s-c-h-o-o-l -g-r-o-u-p -o-r -o-u-t-i-n-g -c-o-n-d-u-c-t-e-d -f-o-r
-e-d-u-c-a-t-i-o-n-a-l -p-u-r-p-o-s-e-s -b-y -a -s-c-h-o-o-l -o-r
-o-t-h-e-r -b-o-n-a -f-i-d-e -e-d-u-c-a-t-i-o-n-a-l
-i-n-s-t-i-t-u-t-i-o-n-.
-(-B-) -T-h-e -p-r-o-c-e-e-d-s -o-f -a-n-y -f-e-e -i-m-p-o-s-e-d
-u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -c-r-e-d-i-t-e-d
-t-o -a -s-p-e-c-i-a-l -a-c-c-o-u-n-t -e-s-t-a-b-l-i-s-h-e-d -f-o-r
-t-h-e -N-a-t-i-o-n-a-l -P-a-r-k -S-e-r-v-i-c-e -i-n -t-h-e
-T-r-e-a-s-u-r-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n-d
-s-h-a-l-l -b-e -a-v-a-i-l-a-b-l-e-, -w-i-t-h-o-u-t -f-u-r-t-h-e-r
-a-p-p-r-o-p-r-i-a-t-i-o-n-, -f-o-r -u-s-e -b-y -t-h-e
-S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -t-o -f-u-r-t-h-e-r
-e-d-u-c-a-t-i-o-n-a-l -a-n-d -i-n-t-e-r-p-r-e-t-i-v-e -p-r-o-g-r-a-m-s
-a-t -t-h-e -s-i-t-e-, -i-n-c-l-u-d-i-n-g -t-h-e -c-o-o-p-e-r-a-t-i-v-e
-a-g-r-e-e-m-e-n-t -s-p-e-c-i-f-i-e-d -i-n -s-u-b-s-e-c-t-i-o-n
-(-g-)-(-2-)-.
-(-C-) -A-s -p-a-r-t -o-f -e-a-c-h -a-n-n-u-a-l -b-u-d-g-e-t
-s-u-b-m-i-s-s-i-o-n -t-o -t-h-e -C-o-n-g-r-e-s-s-, -t-h-e
-S-e-c-r-e-t-a-r-y -s-h-a-l-l -p-r-o-v-i-d-e -a -r-e-p-o-r-t
-d-e-t-a-i-l-i-n-g -t-h-e -a-m-o-u-n-t -o-f -f-e-e-s -r-e-c-e-i-v-e-d
-u-n-d-e-r -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -a-n-d -t-h-e
-e-x-p-e-n-d-i-t-u-r-e-s -u-n-d-e-r -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)
-d-u-r-i-n-g -t-h-e -i-m-m-e-d-i-a-t-e-l-y -p-r-e-c-e-d-i-n-g
-f-i-s-c-a-l -y-e-a-r-. -A -c-o-p-y -o-f -s-u-c-h -r-e-p-o-r-t
-s-h-a-l-l -a-l-s-o -b-e -m-a-d-e -a-v-a-i-l-a-b-l-e -a-n-n-u-a-l-l-y
-t-o -t-h-e -C-o-m-m-i-t-t-e-e -o-n -N-a-t-u-r-a-l -R-e-s-o-u-r-c-e-s
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-t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -H-o-u-s-e -o-f
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-o-n -E-n-e-r-g-y -a-n-d -N-a-t-u-r-a-l -R-e-s-o-u-r-c-e-s -a-n-d
-t-h-e -C-o-m-m-i-t-t-e-e -o-n -A-p-p-r-o-p-r-i-a-t-i-o-n-s -o-f -t-h-e
-U-n-i-t-e-d -S-t-a-t-e-s -S-e-n-a-t-e-.
-(-D-) -F-o-r -p-u-r-p-o-s-e-s -o-f -t-h-i-s -s-e-c-t-i-o-n-,
-t-h-e -t-e-r-m -`-`-c-o-r-e -c-o-m-p-l-e-x-'-' -m-e-a-n-s -t-h-e
-t-w-o -m-u-s-e-u-m-s-, -t-h-e -t-h-e-a-t-e-r-, -t-h-e -v-i-s-i-t-o-r
-c-e-n-t-e-r-, -a-n-d -r-o-u-n-d-h-o-u-s-e-.
(e) User and Interpretive Fees.--User or interpretive fees charged
for the rail excursion from the historic site to Moscow, Pennsylvania,
or to any other location, shall be established at a level such that a
minimum of 100 percent of the costs of maintenance, personnel,
equipment, and fees imposed on the Secretary for the excursion shall be
recovered by the Secretary.
(f) Track and Switch Rehabilitation.--The Secretary may assist the
owner of Bridge 60 and Bridge 60 Wye with track and switch
rehabilitation to facilitate activities directly associated with the
historic site. Any financial assistance for any such project shall be
limited to a portion of the total costs of the project. The portion
paid by the Secretary shall not exceed that fraction of the total costs
of the project which is equal to the fraction of the total usage of
such tracks and switches attributable to use by equipment associated
with the historic site. Nothing in this Act or in any other provision
of law shall authorize the Secretary to acquire either of such bridges
or the associated tracks and switches.
(g) Cooperative Agreements.--(1) The Secretary may enter into
cooperative agreements with appropriate authorities for law enforcement
and for purposes of controlling rail traffic through the historic site,
but the Secretary may not enter into any other cooperative agreement
relating to administration of the historic site with any entity (other
than a department or agency of the United States) without specific
authorization by an Act of Congress approved after the enactment of
this Act, except as provided in paragraph (2) of this subsection.
(2) The Secretary is authorized to enter into a cooperative
agreement with a qualified educational institution to provide, at the
Secretary's direction, certain visitor services and educational
programs within the historic site and to collect the fees authorized
under -p-a-r-a-g-r-a-p-h -(-2-) -o-f subsection (e). The Secretary
shall transmit any cooperative agreement proposed to be entered into
under this paragraph to the Committee on Natural Resources of the
United States House of Representatives and to the Committee on Energy
and Natural Resources of the United States Senate at least 60 days
before such agreement is entered into by the Secretary.
(h) Report on Alternatives.--(1) The Secretary shall prepare a
report identifying any feasible and suitable alternatives for managing
the historic site, including partnerships or direct management by the
Commonwealth of Pennsylvania, local governments, other agencies, or
private entities. Such report shall be submitted to the Congress not
later than 2 years after the enactment of this Act.
(2) In taking the action referred to in paragraph (1) the Secretary
shall consult with other Federal land managing agencies, State and
local officials, the -n-a-t-i-o-n-a-l -p-a-r-k National Park System
Advisory Board, resource management, recreation, and scholarly
organizations, and other interested parties as the Secretary deems
advisable. Such consultation shall include appropriate opportunities
for public review and comment.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this title, except that no funds
may be appropriated after the enactment of this Act for any
construction, development, or related activities with respect to the
site without specific authorization by an Act of Congress pursuant to a
law enacted after the enactment of this Act. No Federal funds may be
expended at the site for purposes other than those specified in section
-1-0-4 -a-n-d -i-n -s-e-c-t-i-o-n -1-0-5-(-d-)-. 104. Not more than 5
percent of the funds appropriated annually for operation of the
historic site may be used for the restoration or repair of locomotives,
cars, and other rolling stock without specific authorization by an Act
of Congress enacted after the enactment of this Act.
TITLE II--DELAWARE WATER GAP NATIONAL RECREATION AREA
SEC. 201. BOUNDARIES.
Section 2(a) of the Act of September 1, 1965 (79 Stat. 612; 16
U.S.C. 460o-1(a)) establishing the Delaware Water Gap National
Recreation Area is amended by striking ``as generally depicted on the
drawing entitled `Proposed Tocks Island National Recreation Area' dated
and numbered September 1962, NRA-TI-7100, which drawing is on file''
and inserting ``as generally depicted on the map entitled `Delaware
Water Gap National Recreation Area' dated November 1991 and numbered
DWGNRA-620/80,900A which shall be on file''.
TITLE III--CIVIL WAR BATTLEFIELD OF CORINTH, MISSISSIPPI
SEC. 301. SHORT TITLE.
This title may be cited as the ``Corinth, Mississippi, Battlefield
Act of 1994.''
SEC. 302. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the 14 sites located in the vicinity of Corinth,
Mississippi, that were designated as a National Historic
Landmark by the Secretary of the Interior in 1991 represent
nationally significant events in the Siege and Battle of
Corinth during the Civil War; and
(2) the Landmark sites should be preserved and interpreted
for the benefit, inspiration, and education of the people of
the United States.
(b) Purpose.--It is the purpose of this Act to provide for a center
for the interpretation of the Siege and Battle of Corinth and other
Civil War actions in the region and to enhance public understanding of
the significance of the Corinth Campaign in the Civil War relative to
the Western theater of operations, in cooperation with State or local
governmental entities and private organizations and individuals.
SEC. 303. ACQUISITION OF PROPERTY AT CORINTH, MISSISSIPPI.
(a) In General.--The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') is authorized to acquire by donation,
purchase with donated or appropriated funds, or exchange, such lands or
interests therein in the vicinity of the Corinth Battlefield in the
State of Mississippi, as the Secretary determines necessary for the
construction of an interpretive center to commemorate and interpret the
1862 Civil War Siege and Battle of Corinth: Provided, That such lands
or interests therein shall only be acquired with the consent of the
owner thereof.
(b) Publicly Owned Lands.--Lands and interests in lands owned by
the State of Mississippi or a political subdivision of the State of
Mississippi may be acquired only by donation.
SEC. 304. INTERPRETIVE CENTER AND MARKING.
(a) Construction of Center.--The Secretary is authorized to
construct, operate, and maintain on the property acquired under section
3 a center for the interpretation of the Siege and Battle of Corinth
and associated historical events. The center shall include interpretive
exhibits and such other features as may be necessary for public
appreciation and understanding of the Siege and Battle of Corinth.
(b) Marking.--The Secretary may mark sites associated with the
Siege and Battle of Corinth National Historic Landmark, as designated
on May 6, 1991, if such sites are determined by the Secretary to be
protected by State or local governmental agencies.
(c) Administration.--The lands and interests in lands acquired, and
the facilities constructed and maintained pursuant to this Act shall be
administered by the Secretary as a part of Shiloh National Military
Park, subject to the appropriate laws and regulations applicable to the
park, the Act of August 25, 1916 (39 Stat. 535, chapter 408; 16 U.S.C.
1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593,
16 U.S.C. 461 et seq.).
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated such sums as are necessary to carry out this title.
(b) Construction.--Of the amounts made available to carry out this
title, not more than $6,000,000 may be used to carry out section
304(a).
Passed the House of Representatives July 12, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | TABLE OF CONTENTS:
Title I: Steamtown National Historic Site
Title II: Delaware Water Gap National Recreation Area
Title III: Civil War Battlefield of Corinth, Mississippi
Title I: Steamtown National Historic Site
- Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950.
(Sec. 102) Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees.
(Sec. 103) Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States. Directs the Secretary to take steps to obtain cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) for any funds of the National Park Service expended on removal or remedial action with respect to contamination within the Site.
(Sec. 104) Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act. Limits the number of locomotives operating at the Site to the number operating as of June 22, 1994.
Prohibits Federal funds from being expended for access between the Site and any structure that is privately owned or operated for profit.
Requires the Secretary to preserve the artifact collection and archival materials located at the Site.
Authorizes the Secretary to provide a regular excursion from Scranton, Pennsylvania, to Moscow, Pennsylvania. Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991. Authorizes the Secretary to: (1) pay customary and appropriate track usage fees; and (2) provide additional annual excursions if no such excursion is longer than 60 miles one way.
Sets forth user and interpretive fee provisions.
(Sec. 105) Authorizes appropriations.
Title II: Delaware Water Gap National Recreation Area
- Amends Federal law to change the map reference for the Delaware Water Gap National Recreation Area with respect to its boundary.
Title III: Civil War Battlefield of Corinth, Mississippi
- Corinth, Mississippi, Battlefield Act of 1994 - Authorizes the Secretary to acquire by donation, purchase with donated or appropriated funds, or exchange such lands or interests as the Secretary deems necessary for the construction of an interpretive center to commemorate and interpret the 1862 Civil War Siege and Battle of Corinth.
Authorizes the Secretary to: (1) construct, operate, and maintain on the property so acquired a center for the interpretation of the Siege and Battle of Corinth and associated historical events; and (2) mark sites associated with the Siege and Battle of Corinth National Historic Landmark if such sites are determined by the Secretary to be protected by State or local governmental agencies.
(Sec. 305) Authorizes appropriations. | {"src": "billsum_train", "title": "Corinth, Mississippi, Battlefield Act of 1994"} | 6,952 | 688 | 0.575958 | 1.955244 | 0.698282 | 4.63606 | 9.928214 | 0.919866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dignity for Military Funerals Act of
2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) article I, section 8, of the Constitution of the United
States grants Congress the power to ``provide for the common
Defence'', ``To raise and support Armies'', and ``To provide
and maintain a Navy'';
(2) the Supreme Court of the United States has held that
``The constitutional power of Congress to raise and support
armies and to make all laws necessary and proper to that end is
broad and sweeping.'', United States v. O'Brien, 391 U.S. 367,
377 (1968) (citations omitted);
(3) supporting our armies and maintaining a Navy includes
supporting soldiers, sailors, and marines, and their families,
after they are deceased;
(4) our brave military men and women put themselves at
great risk to protect the freedom of every American and our
Nation as a whole;
(5) every death of a member of the armed forces is a tragic
loss to our Nation;
(6) all Americans have tremendous gratitude for the courage
and selflessness of the members of the armed forces;
(7) when a member of the armed forces dies in the line of
duty, the thoughts and prayers of the entire Nation are with
the family of the deceased at such an extraordinarily difficult
time;
(8) it is generally recognized that families have a
substantial interest in organizing and attending funerals for
deceased relatives;
(9) the interests of families in privately and peacefully
mourning the loss of deceased relatives are violated when
funerals are targeted for picketing and other public
demonstrations;
(10) picketing of funerals causes emotional disturbance and
distress to grieving families who participate in funerals; and
(11) full opportunity exists under this Act and the
amendments made by this Act for the exercise of freedom of
speech and other constitutional rights at times other than
within 1 hour prior to or during the funeral of a member of the
armed forces and 1 hour following the conclusion of such a
funeral.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``armed forces'' has the meaning given the
term in section 101 of title 10, United States Code;
(2) the term ``funeral of a member or former member of the
armed forces'' means any ceremony, procession, or memorial
service held in connection with the burial or cremation of a
member or former member of the armed forces;
(3) the term ``picketing'' means protest activities engaged
in by any person within 300 feet of a cemetery, mortuary, or
church during the period beginning 1 hour prior to the funeral
of a member of the armed forces and ending 1 hour after the
conclusion of such a funeral; and
(4) the term ``protest activities'' includes, with respect
to any funeral--
(A) oration, speech, or similar conduct before an
assembled group of people that is not part of the
funeral or ceremony,
(B) the display of placards, banners, posters,
flags, or similar devices that are not part of the
funeral or ceremony, and
(C) the distribution of any handbill, pamphlet,
leaflet, or other written material that is not part of
the funeral or ceremony.
SEC. 4. PROHIBITION ON PICKETING AT FUNERALS OF MILITARY PERSONNEL.
(a) In General.--No State or unit of local government shall issue a
permit allowing, or otherwise authorize, picketing during the funeral
of a member or former member of the armed forces.
(b) Criminal Prohibition.--
(1) In general.--Chapter 67 of title 18, United States
Code, is amended by adding after section 1386 the following:
``Sec. 1387. Prohibition on picketing at funerals of military personnel
``(a) In General.--It shall be unlawful for any person to engage in
picketing at the funeral of a member or former member of the armed
forces .
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 5 years, or both.
``(c) Definitions.--In this section--
``(1) the term `armed forces' has the meaning given the
term in section 101 of title 10;
``(2) the term `funeral of a member or former member of the
armed forces' means any ceremony, procession, or memorial
service held in connection with the burial or cremation of a
member or former member of the armed forces;
``(3) the term `picketing' means protest activities engaged
in by any person within 300 feet of a cemetery, mortuary, or
church during the period beginning 1 hour prior to the funeral
of a member of the armed forces and ending 1 hour after the
conclusion of such a funeral; and
``(4) the term `protest activities' includes, with respect
to any funeral--
``(A) oration, speech, or similar conduct before an
assembled group of people that is not part of the
funeral or ceremony,
``(B) the display of placards, banners, posters,
flags, or similar devices that are not part of the
funeral or ceremony, and
``(C) the distribution of any handbill, pamphlet,
leaflet, or other written material that is not part of
the funeral or ceremony.''.
(2) Conforming amendment.--The table of sections for
chapter 67 of title 18, United States Code, is amended by
adding after the item related to section 1386 the following:
``1387. Prohibition on picketing at funerals of military personnel.''.
SEC. 5. NONPREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any State or local law that affords greater
protection to individuals attending the funeral of a member or former
member of the armed forces.
SEC. 6. SEVERABILITY.
If any provision of this Act, the amendments made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Dignity for Military Funerals Act of 2006 - Prohibits states or local governments from issuing permits for picketing during the funeral of a member or former member of the Armed Forces.
Amends the federal criminal code to prohibit persons from picketing at the funeral of a member or former member of the Armed Forces. Imposes a fine and/or imprisonment of up to five years.
Defines "picketing" as protest activities within 300 feet of a cemetery, mortuary, or church from one hour before to one hour after a funeral of a member of the Armed Forces. | {"src": "billsum_train", "title": "A bill to prohibit picketing at the funerals of members and former members of the armed forces."} | 1,427 | 140 | 0.515327 | 1.409688 | 0.615103 | 4.761905 | 12.67619 | 0.780952 |
SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN.
(a) National Economic Downturn Assistance FMAP.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (b), in the first sentence--
(i) by striking ``and (4)'' and inserting
``(4)''; and
(ii) by inserting ``and (5) with respect to
each fiscal year quarter other than the first
quarter of a national economic downturn
assistance period described in subsection
(y)(1), the Federal medical assistance
percentage for any State described in
subsection (y)(2) shall be equal to the
national economic downturn assistance FMAP
determined for the State for the quarter under
subsection (y)(3)'' before the period; and
(B) by adding at the end the following:
``(y) National Economic Downturn Assistance FMAP.--For purposes of
clause (5) of the first sentence of subsection (b):
``(1) National economic downturn assistance period.--A
national economic downturn assistance period described in this
paragraph--
``(A) begins with the first fiscal year quarter for
which the Secretary determines that for at least 23
States, the rolling average unemployment rate for that
quarter has increased by at least 10 percent over the
corresponding quarter for the most recent preceding 12-
month period for which data are available (in this
subsection referred to as the `trigger quarter'); and
``(B) ends with the first succeeding fiscal year
quarter for which the Secretary determines that less
than 23 States have a rolling average unemployment rate
for that quarter with an increase of at least 10
percent over the corresponding quarter for the most
recent preceding 12-month period for which data are
available.
``(2) Eligible state.--A State described in this paragraph
is a State for which the Secretary determines that the rolling
average unemployment rate for the State for any quarter
occurring during a national economic downturn assistance period
described in paragraph (1) has increased over the corresponding
quarter for the most recent preceding 12-month period for which
data are available.
``(3) Determination of national economic downturn
assistance fmap.--
``(A) In general.--The national economic downturn
assistance FMAP for a fiscal year quarter determined
with respect to a State under this paragraph is equal
to the Federal medical assistance percentage for the
State for that quarter increased by the number of
percentage points determined by--
``(i) dividing--
``(I) the Medicaid additional
unemployed increased cost amount
determined under subparagraph (B) for
the quarter; by
``(II) the State's total Medicaid
quarterly spending amount determined
under subparagraph (C) for the quarter;
and
``(ii) multiplying the quotient determined
under clause (i) by 100.
``(B) Medicaid additional unemployed increased cost
amount.--For purposes of subparagraph (A)(i)(I), the
Medicaid additional unemployed increased cost amount
determined under this subparagraph with respect to a
State and a quarter is the product of the following:
``(i) State increase in rolling average
number of unemployed individuals from the base
quarter of unemployment.--
``(I) In general.--The amount
determined by subtracting the rolling
average number of unemployed
individuals in the State for the base
unemployment quarter for the State
determined under subclause (II) from
the rolling average number of
unemployed individuals in the State for
the quarter.
``(II) Base unemployment quarter
defined.--
``(aa) In general.--For
purposes of subclause (I),
except as provided in item
(bb), the base quarter for a
State is the quarter with the
lowest rolling average number
of unemployed individuals in
the State in the 12-month
period preceding the trigger
quarter for a national economic
downturn assistance period
described in paragraph (1).
``(bb) Exception.--If the
rolling average number of
unemployed individuals in a
State for a quarter occurring
during a national economic
downturn assistance period
described in paragraph (1) is
less than the rolling average
number of unemployed
individuals in the State for
the base quarter determined
under item (aa), that quarter
shall be treated as the base
quarter for the State for such
national economic downturn
assistance period.
``(ii) National average amount of
additional federal medicaid spending per
additional unemployed individual.--In the case
of--
``(I) a calendar quarter occurring
in fiscal year 2012, $350; and
``(II) a calendar quarter occurring
in any succeeding fiscal year, the
amount applicable under this clause for
calendar quarters occurring during the
preceding fiscal year, increased by the
annual percentage increase in the
medical care component of the consumer
price index for all urban consumers
(U.S. city average), as rounded up in
an appropriate manner.
``(iii) State nondisabled, nonelderly
adults and children medicaid spending index.--
``(I) In general.--With respect to
a State, the quotient (not to exceed
1.00) of--
``(aa) the State
expenditure per person in
poverty amount determined under
subclause (II); divided by--
``(bb) the National
expenditure per person in
poverty amount determined under
subclause (III).
``(II) State expenditure per person
in poverty amount.--For purposes of
subclause (I)(aa), the State
expenditure per person in poverty
amount is the quotient of--
``(aa) the total amount of
annual expenditures by the
State for providing medical
assistance under the State plan
to nondisabled, nonelderly
adults and children; divided by
``(bb) the total number of
nonelderly adults and children
in poverty who reside in the
State, as determined under
paragraph (4)(A).
``(III) National expenditure per
person in poverty amount.--For purposes
of subclause (I)(bb), the National
expenditure per person in poverty
amount is the quotient of--
``(aa) the sum of the total
amounts determined under
subclause (II)(aa) for all
States; divided by
``(bb) the sum of the total
amounts determined under
subclause (II)(bb) for all
States.
``(C) State's total medicaid quarterly spending
amount.--For purposes of subparagraph (A)(i)(II), the
State's total Medicaid quarterly spending amount
determined under this subparagraph with respect to a
State and a quarter is the amount equal to--
``(i) the total amount of expenditures by
the State for providing medical assistance
under the State plan to all individuals
enrolled in the plan for the most recent fiscal
year for which data is available; divided by
``(ii) 4.
``(4) Data.--In making the determinations required under
this subsection, the Secretary shall use, in addition to the
most recent available data from the Bureau of Labor Statistics
Local Area Unemployment Statistics for each State referred to
in paragraph (5), the most recently available--
``(A) data from the Bureau of the Census with
respect to the number of nonelderly adults and children
who reside in a State described in paragraph (2) with
family income below the poverty line (as defined in
section 2110(c)(5)) applicable to a family of the size
involved (or, if the Secretary determines it
appropriate, a multiyear average of such data);
``(B) data reported to the Secretary by a State
described in paragraph (2) with respect to expenditures
for medical assistance under the State plan under this
title for nondisabled, nonelderly adults and children;
and
``(C) econometric studies of the responsiveness of
Medicaid enrollments and spending to changes in rolling
average unemployment rates and other factors, including
State spending on certain Medicaid populations.
``(5) Definition of `rolling average number of unemployed
individuals', `rolling average unemployment rate'.--In this
subsection, the term--
``(A) `rolling average number of unemployed
individuals' means, with respect to a calendar quarter
and a State, the average of the 12 most recent months
of seasonally adjusted unemployment data for each
State;
``(B) `rolling average unemployment rate' means,
with respect to a calendar quarter and a State, the
average of the 12 most recent monthly unemployment
rates for the State; and
``(C) `monthly unemployment rate' means, with
respect to a State, the quotient of--
``(i) the monthly seasonally adjusted
number of unemployed individuals for the State;
divided by
``(ii) the monthly seasonally adjusted
number of the labor force for the State,
using the most recent data available from the Bureau of Labor
Statistics Local Area Unemployment Statistics for each State.
``(6) Increase in cap on payments to territories.--With
respect to any fiscal year quarter for which the national
economic downturn assistance Federal medical assistance
percentage applies to Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, or American Samoa, the amounts
otherwise determined for such commonwealth or territory under
subsections (f) and (g) of section 1108 shall be increased by
such percentage of such amounts as the Secretary determines is
equal to twice the average increase in the national economic
downturn assistance FMAP determined for all States described in
paragraph (2) for the quarter.
``(7) Scope of application.--The national economic downturn
assistance FMAP shall only apply for purposes of payments under
section 1903 for a quarter and shall not apply with respect
to--
``(A) disproportionate share hospital payments
described in section 1923;
``(B) payments under title IV or XXI; or
``(C) any payments under this title that are based
on the enhanced FMAP described in section 2105(b).
``(8) Additional requirement for certain states.--In the
case of a State described in paragraph (2) that requires
political subdivisions within the State to contribute toward
the non-Federal share of expenditures required under section
1902(a)(2), the State shall not require that such political
subdivisions pay for any fiscal year quarters occurring during
a national economic downturn assistance period a greater
percentage of the non-Federal share of such expenditures, or a
greater percentage of the non-Federal share of payments under
section 1923, than the respective percentage that would have
been required by the State under State law in effect on the
first day of the fiscal year quarter occurring immediately
prior to the trigger quarter for the period.''.
(2) Effective date; no retroactive application.--The
amendments made by paragraph (1) take effect on January 1,
2012. In no event may a State receive a payment on the basis of
the national economic downturn assistance Federal medical
assistance percentage determined for the State under section
1905(y)(3) of the Social Security Act for amounts expended by
the State prior to January 1, 2012.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall analyze the previous periods of national economic
downturn, including the most recent such period in effect as of
the date of enactment of this Act, and the past and projected
effects of temporary increases in the Federal medical
assistance percentage under the Medicaid program with respect
to such periods.
(2) Report.--Not later than April 1, 2011, the Comptroller
General of the United States shall submit a report to Congress
on the results of the analysis conducted under paragraph (1).
Such report shall include such recommendations as the
Comptroller General determines appropriate for modifying the
national economic downturn assistance FMAP established under
section 1905(y) of the Social Security Act (as added by
subsection (a)) to improve the effectiveness of the application
of such percentage in addressing the needs of States during
periods of national economic downturn, including
recommendations for--
(A) improvements to the factors that begin and end
the application of such percentage;
(B) how the determination of such percentage could
be adjusted to address State and regional economic
variations during such periods; and
(C) how the determination of such percentage could
be adjusted to be more responsive to actual Medicaid
costs incurred by States during such periods, as well
as to the effects of any other specific economic
indicators that the Comptroller General determines
appropriate. | Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn.
Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them. | {"src": "billsum_train", "title": "A bill to provide for an automatic increase in the federal matching rate for the Medicaid program during periods of national economic downturn to help States cope with increases in Medicaid costs."} | 2,754 | 93 | 0.586558 | 1.478588 | 0.76738 | 4 | 32.734177 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Partnership for County
Health Care Costs Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States Supreme Court has interpreted the 8th
Amendment to require governmental entities to provide medical
care to persons involuntarily confined in jails, detention
centers, and prisons.
(2) The Federal Government does not provide benefits under
the Medicare, Medicaid, Supplemental Security Income (SSI), or
State Children's Health Insurance (SCHIP) Program health
benefits to inmates even if the person is awaiting trial in
jail and has not been convicted. However, beneficiaries who are
released after posting bond, or who are released under their
own recognizance, or who are released under house arrest may
continue to receive Medicare, Medicaid, SSI, and SCHIP
benefits.
(3) The cost of providing health care in prisons and jails
has increased exponentially due in part to high incarceration
rates, infectious diseases, chronic conditions, substance abuse
treatment, mental illness, aging prison populations, rising
prescription drug costs, and mandatory sentencing laws.
(4) Providing health care for inmates constitutes a major
portion of local jail operating costs. Requiring county
governments to cover health care costs for inmates who have not
been convicted places an unnecessary burden on local
governments who have been negatively impacted by recession,
widespread budget deficits, and cuts to safety net programs and
services.
(5) Jails generally have a higher instance of mentally ill
inmates because jails frequently serve as holding places for
low-income persons who are waiting placement in a mental
facility and for mentally ill persons who commit nuisance
crimes because of inadequate access to treatment in their
communities.
(6) The rising cost of bail has also contributed to an
overall increase in the jail population and health care costs
for inmates. The high cost of bail has contributed to the
disproportionate rate of incarceration among African-Americans
and Latinos.
(7) Terminating benefits to people in county jails who are
awaiting trial violates the presumption of innocence, because
it does not distinguish between persons awaiting disposition of
charges and those who have been duly convicted and sentenced.
(8) Otherwise eligible individuals who have been charged
with a crime and incarcerated, but not convicted, should
continue to be eligible for Federal health benefits, such as
Medicare, Medicaid, SSI, or SCHIP, until such time as they may
be convicted and sentenced to an institution. SSI payments
should be held until the inmate has been acquitted and
released, or until the inmate has completed his or her sentence
and been released.
SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID,
MEDICARE, SSI, AND SCHIP.
(a) Medicaid.--The subdivision A of section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) that follows paragraph (28) is
amended by inserting ``or in custody pending disposition of charges''
after ``patient in a medical institution''.
(b) Medicare.--Section 1862(a)(3) of such Act (42 U.S.C.
1395y(a)(3)) is amended by inserting ``in the case of services
furnished to individuals who are in custody pending disposition of
charges,'' after ``1880(e)''.
(c) SSI.--Section 1611(e)(1) of such Act (42 U.S.C. 1382(e)(1)) is
amended by adding at the end the following new subparagraph:
``(K)(i) As used in subparagraph (A), the term `inmate of a public
institution' does not include an individual who is in custody pending
disposition of charges.
``(ii) In the case of an individual who is an eligible individual
or eligible spouse for purposes of this title only because of the
application of the definition in clause (i), any supplemental security
income benefits otherwise payable shall be withheld until such time as
the individual is no longer either in custody pending disposition of
charges or an inmate of a public institution or shall be paid to the
individual's estate if the individual dies before the pending charges
are disposed of or while the individual is an inmate of a public
institution.''.
(d) SCHIP.--Section 2110(b)(1) of such Act (42 U.S.C. 1397jj(b)(1))
is amended by inserting ``(except as an individual in custody pending
disposition of charges)'' after ``inmate of a public institution''.
(e) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar quarter beginning more
than 60 days after the date of the enactment of this Act and shall
apply to items and services furnished, and supplemental security income
benefits paid, for periods beginning on or after such date. | Restoring the Partnership for County Health Care Costs Act of 2009 - Amends titles XVIII (Medicare), XIX (Medicaid), and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to allow benefits under such titles for persons in custody in a public institution pending disposition of charges.
States that, in the case of an otherwise eligible individual (or eligible spouse of such an individual) who is in custody pending disposition of charges, any benefits under SSA title XVI (Supplemental Security Income) (SSI) which are otherwise otherwise payable shall: (1) be withheld until the individual is no longer either in custody pending disposition of charges or an inmate of a public institution; or (2) be paid to the individual's estate, if the individual dies before the pending charges are disposed of or while the individual is an inmate of a public institution. | {"src": "billsum_train", "title": "To amend titles XVI, XVIII, XIX, and XXI of the Social Security Act to remove limitations on Medicaid, Medicare, SSI, and SCHIP benefits for persons in custody pending disposition of charges."} | 1,126 | 210 | 0.532745 | 1.694082 | 0.724073 | 4.397727 | 5.528409 | 0.931818 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) In 1978, the Judicial Conference of the United States
established a procedure for creating new Federal judicial
districts, which is still in force. According to the
``Proceedings of the Judicial Conference, September 21-22,
1978'', this procedure requires that 4 principal criteria be
taken into consideration in evaluating the establishment of a
new Federal judicial district: caseload, judicial
administration, geography, and community convenience.
(2) The criterion of ``caseload'' is found to include the
total number of Federal court cases and the number of cases per
Federal judge, for both civil and criminal Federal cases.
(3)(A) The substantial criminal caseload concentrated in
the southern counties of New Jersey requires the creation of a
separate judicial district.
(B) 281 Federal criminal cases originated in the 8 southern
New Jersey counties in 1998 and were handled by the 5 judges of
the Camden vicinage and the 3 judges of the Trenton vicinage.
(C) The criminal caseload in the southern region of New
Jersey exceeds that of 51 of the current Federal judicial
districts. Only 44 of the 95 Federal district courts have more
criminal cases filed than the southern region of New Jersey.
(D) For example, in the Eastern District of Virginia (9
judges), 110 criminal cases were filed in 1998. In the District
of Connecticut (8 judges), only 221 criminal cases were filed
in 1998.
(4)(A) The substantial civil caseload concentrated in the
southern counties of New Jersey requires the creation of a
separate judicial district.
(B) 2,116 Federal civil cases originated in the 8 southern
New Jersey counties in 1998 and were handled by the 5 judges of
the Camden vicinage and the 3 judges of the Trenton vicinage.
(C) The civil caseload in the southern region of New Jersey
exceeds that of 52 of the current Federal judicial districts.
Only 43 out of the 95 Federal districts have more civil cases
filed than this region of the New Jersey District.
(D) For example, in the Southern District of West Virginia,
a separate judicial district with 5 judges, only 1,315 civil
cases were filed in 1998. The Western District of Tennessee,
similarly, with 5 judges, had only 1,581 civil cases filed in
1998.
(5) The criterion of ``judicial administration'' is found
to include the backlog of pending cases in a Federal judicial
district, which hinders the effective resolution of pending
business before the court.
(6)(A) The size of the backlog of pending cases
concentrated in the southern counties of New Jersey requires
the creation of a separate judicial district.
(B) The number of pending cases in the Camden vicinage of
New Jersey exceeds the number of cases pending before entire
judicial districts with similar numbers of judges, clearly
indicating that southern New Jersey merits a separate Federal
judicial district. For example, there are 1,431 civil cases
pending before the Camden vicinage, and only 113 of those were
commenced in 1999. The Western District of Tennessee, with 5
judges, had only 1,104 civil cases pending in 1998. The Western
District of Oklahoma had only 1,359 civil cases pending in 1998
before 6 judges. Finally, there are 161 criminal cases pending
before the Camden vicinage, while the entire Southern District
of Indiana, with 5 judges, had only 116 criminal cases pending
in 1998.
(7) The criterion of ``geography'' is found to mean the
accessibility of the central administration of the Federal
judicial district to officers of the court, parties with
business before the court, and other citizens living within the
Federal judicial district.
(8)(A) The distance between the northern and southern
regions of New Jersey creates a substantial barrier to the
efficient administration of justice.
(B) The distance from Newark, New Jersey to Camden, New
Jersey is more than 85 miles.
(C) When a new Federal court district was created in
Louisiana in 1971, the distance between New Orleans and Baton
Rouge (nearly 80 miles) was cited as a major factor in creating a new
district court, as travel difficulties were impeding the timely
administration of justice.
(9) The criterion of ``community convenience'' is found to
mean the extent to which creating a new Federal judicial
district will allow the court to better serve the population
and diverse communities of the area.
(10)(A) New Jersey's culturally and regionally diverse
population of 8,000,000 citizens, widely distributed across a
large State, is inconvenienced by having only 1 judicial
district.
(B) Of the 25 States that have only a single Federal
judicial district (including Puerto Rico, the United States
territories, and the District of Columbia), New Jersey has the
highest population.
(C) More than a dozen States have smaller populations than
New Jersey, yet they have multiple Federal judicial districts,
including Washington, Oklahoma, Iowa, Georgia, West Virginia,
and Missouri.
(11) In evaluating the creation of a new Southern District
of New Jersey, the Judicial Conference should seek the views of
the chief judge of the affected district, the judicial council
for the affected circuit court, and the affected United States
Attorney as representative of the views of the Department of
Justice, as required in the procedure established by the
``Proceedings of the Judicial Conference, September 21-22,
1978''.
SEC. 2. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY.
(a) Creation.--Section 110 of title 28, United States Code, is
amended to read as follows:
``Sec. 110. New Jersey
``New Jersey is divided into 2 judicial districts to be known as
the Northern and Southern Districts of New Jersey.
``Northern District
``(a) The Northern District comprises the counties of Bergen,
Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic,
Somerset, Sussex, Union, and Warren.
``Court for the Northern District shall be held at Newark.
``Southern District
``(b) The Southern District comprises the counties of Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, and
Salem.
``Court for the Southern District shall be held at Camden and
Trenton.''.
(b) Judgeships.--The item relating to New Jersey in the table set
forth in section 133(a) of title 28, United States Code, is amended to
read as follows:
``New Jersey:
``Northern............................................. 9
``Southern............................................. 8''.
(c) Bankruptcy Judgeships.--The item relating to New Jersey in the
table set forth in section 152(a)(1) of title 28, United States Code,
is amended to read as follows:
``New Jersey:
``Northern............................................. 4
``Southern............................................. 4''.
SEC. 3. DISTRICT JUDGES, BANKRUPTCY JUDGES, MAGISTRATE JUDGES, UNITED
STATES ATTORNEY, UNITED STATES MARSHAL, AND FEDERAL
PUBLIC DEFENDER.
(a) Transfer of District Judges.--(1) Any district judge of the
District Court of New Jersey who is holding office on the day before
the effective date of this Act and whose official duty station is in
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean,
Passaic, Somerset, Sussex, Union, or Warren County shall, on or after
such effective date, be a district judge for the Northern District of
New Jersey. Any district judge of the District Court of New Jersey who
is holding office on the day before the effective date of this Act and
whose official duty station is in Atlantic, Burlington, Camden, Cape
May, Cumberland, Gloucester, Mercer, or Salem County shall, on and
after such effective date, be a district judge of the Southern District
of New Jersey.
(2) Whenever a vacancy occurs in a judgeship in either judicial
district of New Jersey, the vacancy shall first be offered to those
judges appointed before the enactment of this Act and in active service
in the other judicial district of New Jersey at the time of the
vacancy, and of those judges wishing to fill the vacancy, the judge
most senior in service shall fill that vacancy. In such a case, the
President shall appoint a judge to fill the vacancy resulting in the
district of New Jersey from which such judge left office.
(b) Transfer of Bankruptcy and Magistrate Judges.--Any bankruptcy
judge or magistrate judge of the District Court of New Jersey who is
holding office on the day before the effective date of this Act and
whose official duty station is in Bergen, Essex, Hudson, Hunterdon,
Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union,
or Warren County shall, on or after such effective date, be a
bankruptcy judge or magistrate judge, as the case may be, for the
Northern District of New Jersey. Any bankruptcy judge or magistrate
judge of the District Court of New Jersey who is holding office on the
day before the effective date of this Act and whose official duty
station is in Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, or Salem County shall, on and after such effective
date, be a bankruptcy judge or magistrate judge, as the case may be, of
the Southern District of New Jersey.
(c) United States Attorney, United States Marshal, and Federal
Public Defender.--
(1) Those in office.--This Act and the amendments made by
this Act shall not affect the tenure of office of the United
States attorney, the United States marshal, and the Federal
Public Defender, for the District of New Jersey who are in
office on the effective date of this Act, except that such
individuals shall be the United States attorney, the United
States marshal, and the Federal Public Defender, respectively,
for the Northern District of New Jersey as of such effective
date.
(2) Appointments.--The President shall appoint, by and with
the advice and consent of the Senate, a United States attorney
and a United States marshal for the Southern District of New
Jersey. The Court of Appeals for the Third Circuit shall
appoint a Federal Public Defender for the Southern District of
New Jersey.
(d) Pending Cases Not Affected.--This Act and the amendments made
by this Act shall not affect any action commenced before the effective
date of this Act and pending in the United States District Court for
the District of New Jersey on such date.
(e) Juries Not Affected.--This Act and the amendments made by this
Act shall not affect the composition, or preclude the service, of any
grand or petit jury summoned, empaneled, or actually serving in the
Judicial District of New Jersey on the effective date of this Act.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect 180 days after the date of the enactment of this Act.
(b) Appointments.--Notwithstanding subsection (a), the President
and the Court of Appeals for the Third Circuit may make the
appointments under section 3(c)(2) at any time after the date of the
enactment of this Act. | (Sec. 3) Provides for the transfer of district judges, bankruptcy judges, and magistrate judges to the Northern and Southern Districts of New Jersey.
Transfers U.S. attorneys, U.S. marshals, and Federal public defenders for the District of New Jersey to the Northern District of New Jersey. Directs the President to appoint, by and with the advice of the Senate, a U.S. attorney and a U.S. marshal for the Southern District of New Jersey.
Specifies that neither pending cases nor juries shall be affected. | {"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to divide New Jersey into 2 judicial districts."} | 2,537 | 129 | 0.438853 | 1.245624 | -0.017515 | 3.469388 | 23.510204 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Internet Freedom Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Freedom of speech, freedom of the press, and freedom of
association are fundamental characteristics of a free society.
The first amendment to the Constitution of the United States
guarantees that ``Congress shall make no law . . . abridging
the freedom of speech, or of the press; or the right of the
people peaceably to assemble.''. These constitutional
provisions guarantee the rights of Americans to communicate and
associate with one another without restriction, including
unfettered communication and association via the Internet.
Article 19 of the United Nation's Universal Declaration of
Human Rights explicitly guarantees the freedom to ``receive and
impart information and ideas through any media and regardless
of frontiers''.
(2) All people have the right to communicate freely with
others, and to have unrestricted access to news and
information, on the Internet.
(3) With nearly 10 percent of the world's population now
online, and more gaining access each day, the Internet stands
to become the most powerful engine for democratization and the
free exchange of ideas ever invented.
(4) Unrestricted access to news and information on the
Internet is a check on repressive rule by authoritarian regimes
around the world.
(5) The governments of Burma, Cuba, Laos, North Korea, the
People's Republic of China, Saudi Arabia, Syria, and Vietnam,
among others, are taking active measures to keep their citizens
from freely accessing the Internet and obtaining international
political, religious, and economic news and information.
(6) Intergovernmental, nongovernmental, and media
organizations have reported the widespread and increasing
pattern by authoritarian governments to block, jam, and monitor
Internet access and content using methods that include--
(A) firewalls, filters, and ``black boxes'';
(B) surveillance of e-mail messages and message
boards;
(C) the use of particular words to identify content
to be monitored;
(D) ``stealth blocking'' individuals from visiting
websites;
(E) the development of ``black lists'' of users
that visit certain websites; and
(F) the denial of access to the Internet.
(7) The transmission of the Voice of America and Radio Free
Asia, as well as hundreds of news sources with an Internet
presence, are routinely being jammed by repressive governments.
(8) Since the 1940s, the United States has deployed anti-
jamming technologies to make Voice of America and other United
States Government sponsored broadcasting available to people in
nations with governments that seek to block news and
information.
(9) The United States Government has thus far commenced
only modest steps to fund and deploy technologies to defeat
Internet censorship. As of January 2003, the Voice of America
and Radio Free Asia have committed a total of $1,000,000 for
technology to counter Internet jamming by the People's Republic
of China. This technology, which has been successful in
attracting 100,000 electronic hits per day from the People's
Republic of China, has been relied upon by Voice of America and
Radio Free Asia to ensure access to their programming by
citizens of the People's Republic of China, but United States
Government financial support for the technology has lapsed. In
most other countries there is no meaningful United States
support for Internet freedom.
(10) The success of United States policy in support of
freedom of speech, press, and association requires new
initiatives to defeat totalitarian and authoritarian controls
on news and information over the Internet.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to adopt an effective and robust global Internet
freedom policy;
(2) to establish an office within the International
Broadcasting Bureau with the sole mission of countering
Internet jamming and blocking by repressive regimes;
(3) to expedite the development and deployment of
technology to protect Internet freedom around the world;
(4) to authorize the commitment of a substantial portion of
United States international broadcasting resources to the
continued development and implementation of technologies to
counter the jamming of the Internet;
(5) to utilize the expertise of the private sector in the
development and implementation of such technologies, so that
the many current technologies used commercially for securing
business transactions and providing virtual meeting space can
be used to promote democracy and freedom; and
(6) to bring to bear the pressure of the free world on
repressive governments guilty of Internet censorship and the
intimidation and persecution of their citizens who use the
Internet.
SEC. 4. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO DEFEAT INTERNET
JAMMING AND CENSORSHIP.
(a) Establishment of Office of Global Internet Freedom.--There is
established in the International Broadcasting Bureau the Office of
Global Internet Freedom (hereinafter in this section referred to as the
``Office''). The Office shall be headed by a Director who shall develop
and implement a comprehensive global strategy to combat state-sponsored
and state-directed jamming of the Internet and persecution of those who
use the Internet.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Office $30,000,000 for each of the fiscal years
2004 and 2005.
(c) Cooperation of Other Federal Departments and Agencies.--The
head of each department and agency of the United States Government
shall cooperate fully with, and assist in the implementation of, the
strategy developed by the Director of the Office and shall make such
resources and information available to the Director as is necessary for
the achievement of the purposes of this Act.
(d) Report to Congress.--
(1) In general.--On March 1 following the date of enactment
of this Act, and annually thereafter, the Director of the
Office shall submit to Congress a report on the status of state
interference with Internet use and of efforts by the United
States to counter such interference.
(2) Content.--Each report required by paragraph (1) shall--
(A) list the countries that pursue policies of
Internet censorship, blocking, and other abuses;
(B) provide information concerning the government
agencies or quasi-governmental organizations that
implement Internet censorship; and
(C) describe with the greatest particularity
practicable the technological means by which such
blocking and other abuses are accomplished.
(3) Forms of report.--In the discretion of the Director, a
report required by paragraph (1) may be submitted in both a
classified and a nonclassified form.
(e) Limitation on Authority.--Nothing in this Act shall be
interpreted to authorize any action by the United States to interfere
with foreign national censorship in furtherance of legitimate law
enforcement aims that is consistent with the United Nation's Universal
Declaration of Human Rights.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that the United States should--
(1) publicly, prominently, and consistently denounce
governments that restrict, censor, ban, and block access to
information on the Internet;
(2) direct the United States Representative to the United
Nations to submit a resolution at the first annual meeting of
the United Nations Human Rights Commission after the date of
enactment of this Act that condemns all governments that
practice Internet censorship and deny individuals the freedom
to access and share information; and
(3) deploy, at the earliest practicable date, technologies
aimed at defeating State-directed Internet censorship and the
persecution of those who use the Internet. | Global Internet Freedom Act of 2003 - Establishes in the International Broadcasting Bureau the Office of Global Internet Freedom to develop and implement a comprehensive global strategy to combat state-sponsored and state-directed Internet jamming and persecution of those who use the Internet. Requires an annual report from the Office to Congress on the status of state interference with Internet use and of U.S. efforts to counter such interference. Expresses the sense of Congress that the United States should: (1) denounce governments that restrict, censor, ban, and block access to information on the Internet; (2) direct the U.S. Representative to the United Nations to submit a resolution condemning such actions; and (3) deploy technologies aimed at defeating state-directed Internet censorship and the persecution of those who use the Internet. | {"src": "billsum_train", "title": "A bill to develop and deploy technologies to defeat Internet jamming and censorship, and for other purposes."} | 1,604 | 171 | 0.525267 | 1.528025 | 0.783944 | 6.09396 | 10.375839 | 0.95302 |
SECTION 1. PRIORITY TO STATES FOR THE TRANSFER OF NONLETHAL EXCESS
SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``The Secretary of
Defense'' and inserting in lieu thereof ``Subject to subsection
(d), the Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Nonlethal excess supplies of the Department of Defense shall
be made available to a State, a local government of a State, a
Territory, or a possession, upon the request of the State, local
government, Territory, or possession pursuant to authority provided in
another provision of law, before such supplies are made available for
humanitarian relief purposes under this section. The President may make
such supplies available for humanitarian purposes before such supplies
are made available to a State, local government, Territory, or
possession under this subsection in order to respond to an emergency
for which such supplies are especially suited.''.
SEC. 2. AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL OF
EXCESS AND SURPLUS PROPERTY.
(a) Support of Counter Drug Activities.--Section 1208(a)(1) of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 10 U.S.C. 372 note) is amended by inserting ``and
excluding motor vehicles'' after ``small arms and ammunition''.
(b) Support for Regional Equipment Centers.--
(1) Newport township center.--Section 210 of Public Law
101-302 (104 Stat. 220) is repealed.
(2) Cambria county center.--Section 9148 of Public Law 102-
396 (106 Stat. 1941) is repealed.
SEC. 3. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN
COUNTRIES.
Section 608(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2357(d)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``(d) The'' and inserting ``(d)(1) Except
as provided in paragraph (2), the''; and
(3) by adding at the end the following:
``(2) No property may be transferred under paragraph (1) unless the
Administrator of General Services determines that there is no Federal
or State use requirements for the property under any other provision of
law.''.
SEC. 4. AMENDMENT TO SMALL BUSINESS ACT.
Section 7(j)(13)(F) of the Small Business Act (15 U.S.C.
636(j)(13)(F)) is amended by adding at the end the following: ``This
subparagraph shall be carried out under the supervision of the
Administrator of General Services in consultation with State agencies
responsible for the distribution of surplus property.''.
SEC. 5. DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT
AMENDMENT.
Section 3166(b) of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381e(b)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively.
SEC. 6. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 AMENDMENT.
(a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed.
(b) Delegation of Authority to Directors of Federal Laboratories.--
Section 203(j) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the
following new paragraph:
``(6) Under such regulations as the Administrator may prescribe,
the Administrator may delegate to the director of any Federal
laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)) the authority
of the Administrator under this subsection with respect to the transfer
and disposal of scientific and technical surplus property under the
management or control of that Federal laboratory, if the director of
the Federal laboratory certifies that the equipment is needed by an
educational institution or nonprofit organization for the conduct of
scientific and technical education and research.''.
SEC. 7. REPORT ON DISPOSAL AND DONATION OF SURPLUS PERSONAL PROPERTY.
No later than 180 days after the date of the enactment of this Act,
the Administrator of General Services shall review all statutes
relating to the disposal and donation of surplus personal property and
submit to the Congress a report on such statutes including--
(1) the effectiveness of programs administered under such
statutes (except for any program that grants access to personal
property by local communities impacted by the closure of a
military base), and the amount and type of property
administered under each such program during fiscal years 1993
and 1994; and
(2) legislative recommendations to integrate and
consolidate all such programs to be administered by a single
Federal authority working with State agencies while
accomplishing the purposes of such programs. | Revises various specified Federal laws concerning the transfer, disposal, and distribution of certain surplus Federal property by the Department of Defense (DOD) and other specified Federal agencies. Gives State and local governments priority over foreign countries in receiving nonlethal excess DOD supplies before they are made available for humanitarian relief purposes.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to exclude motor vehicles from the personal property DOD may transfer to Federal and State agencies for counter-drug activities.
Repeals the mandate for DOD participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania.
Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there is no Federal or State use requirements for the property under any other provision of law. Amends the Small Business Act to subject to the supervision of the GSA Administrator, in consultation with State agencies responsible for surplus property distribution, the transfer of U.S.-owned technology or surplus property to participants in the small business and capital ownership development program.
Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory. Requires the Administrator of General Services to review all such laws for a report to the Congress on the effectiveness of surplus personal property disposal programs along with recommendations for consolidating them under a single Federal authority. | {"src": "billsum_train", "title": "A bill to provide that certain Federal property shall be made available to States for State use before being made available to other entities, and for other purposes."} | 1,244 | 401 | 0.516561 | 1.702034 | 0.7122 | 2.728291 | 2.966387 | 0.834734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Number Fraud and
Identity Theft Prevention Act''.
SEC. 2. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION ENFORCEMENT
PURPOSES.
(a) Social Security Account Numbers.--Section 264(f) of the
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended to read
as follows:
``(f) Notwithstanding any other provision of law (including section
6103 of the Internal Revenue Code of 1986), the Secretary of Homeland
Security, the Secretary of Labor, and the Attorney General are
authorized to require an individual to provide the individual's social
security account number for purposes of inclusion in any record of the
individual maintained by either such Secretary or the Attorney General,
or of inclusion in any application, document, or form provided under or
required by the immigration laws.''.
(b) Exchange of Information.--Section 290(c) of the Immigration and
Nationality Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2)
and inserting the following new paragraphs:
``(2)(A) Notwithstanding any other provision of law (including
section 6103 of the Internal Revenue Code of 1986), if earnings are
reported on or after January 1, 1997, to the Social Security
Administration on a social security account number issued to an alien
not authorized to work in the United States, the Commissioner of Social
Security shall provide the Secretary of Homeland Security with
information regarding the name, date of birth, and address of the
alien, the name and address of the person reporting the earnings, and
the amount of the earnings.
``(B) The information described in subparagraph (A) shall be
provided in an electronic form agreed upon by the Commissioner and the
Secretary.
``(3)(A) Notwithstanding any other provision of law (including
section 6103 of the Internal Revenue Code of 1986), if a social
security account number was used with multiple names, the Commissioner
of Social Security shall provide the Secretary of Homeland Security
with information regarding the name, date of birth, and address of each
individual who used that social security account number, and the name
and address of the person reporting the earnings for each individual
who used that social security account number.
``(B) The information described in subparagraph (A) shall be
provided in an electronic form agreed upon by the Commissioner and the
Secretary for the sole purpose of enforcing the immigration laws.
``(C) The Secretary, in consultation with the Commissioner, may
limit or modify the requirements of this paragraph, as appropriate, to
identify the cases posing the highest possibility of fraudulent use of
social security account numbers related to violation of the immigration
laws.
``(4)(A) Notwithstanding any other provision of law (including
section 6103 of the Internal Revenue Code of 1986), if more than one
person reports earnings for an individual during a single tax year, the
Commissioner of Social Security shall provide the Secretary of Homeland
Security information regarding the name, date of birth, and address of
the individual, and the name and address of the each person reporting
earnings for that individual.
``(B) The information described in subparagraph (A) shall be
provided in an electronic form agreed upon by the Commissioner and the
Secretary for the sole purpose of enforcing the immigration laws.
``(C) The Secretary, in consultation with the Commissioner, may
limit or modify the requirements of this paragraph, as appropriate, to
identify the cases posing the highest possibility of fraudulent use of
social security account numbers related to violation of the immigration
laws.
``(5)(A) The Commissioner of Social Security shall perform, at the
request of the Secretary of Homeland Security, a search or manipulation
of records held by the Commissioner if the Secretary certifies that the
purpose of the search or manipulation is to obtain information that is
likely to assist in identifying individuals (and their employers) who
are using false names or social security account numbers, who are
sharing a single valid name and social security account number among
multiple individuals, who are using the social security account number
of a person who is deceased, too young to work, or not authorized to
work, or who are otherwise engaged in a violation of the immigration
laws. The Commissioner shall provide the results of such search or
manipulation to the Secretary, notwithstanding any other provision law
(including section 6103 of the Internal Revenue Code of 1986).
``(B) The Secretary shall transfer to the Commissioner the funds
necessary to cover the costs directly incurred by the Commissioner in
carrying out each search or manipulation requested by the Secretary
under subparagraph (A).''.
(c) False Claims of Citizenship by Nationals of the United
States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by inserting ``or
national'' after ``citizen''. | Social Security Number Fraud and Identity Theft Prevention Act - Amends the Immigration and Nationality Act to authorize the Secretary of the Department of Homeland Security (DHS), the Secretary of Labor, and the Attorney General to require an individual to provide the individual's Social Security account number for inclusion in any: (1) record of the individual maintained by either such Secretary or the Attorney General; or (2) any application, document, or form provided under or required by the immigration laws. (Currently, the Attorney General is authorized to require any alien to provide a Social Security account number for inclusion in any record maintained by the Attorney General or the Bureau of Citizenship and Immigration Services.)
Requires the Commissioner of Social Security, if a Social Security account number has been used multiple times, to provide the DHS Secretary with information regarding: (1) the name, date of birth, and address of each individual who used the same Social Security account number; and (2) the name and address of the person reporting the earnings for each such individual.
Requires the Commissioner to provide such information to the DHS Secretary, in an electronic form, if more than one person reports earnings for an individual during a single tax year.
Directs the Commissioner, at the DHS Secretary's request and expense, to perform and report on a search or manipulation of Social Security Commission records if the Secretary certifies that the purpose is to obtain information likely to assist in identifying individuals (and their employers) who are: (1) using false names or Social Security account numbers; (2) sharing a single valid name and Social Security account number among multiple individuals; (3) using the Social Security account number of a person who is deceased, too young to work, or not authorized to work; or (4) otherwise engaged in a violation of the immigration laws.
Declares inadmissible to receive visas and to be admitted to the United States any alien who falsely represents himself or herself to be a U.S. national for any purpose or benefit under immigration and nationality or any other federal or state law. | {"src": "billsum_train", "title": "A bill to prevent the fraudulent use of social security account numbers by allowing the sharing of social security data among agencies of the United States for identity theft prevention and immigration enforcement purposes, and for other purposes."} | 1,093 | 433 | 0.66254 | 2.135566 | 0.770377 | 4.869458 | 2.5 | 0.899015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apprehension of Tainted Money Act of
1997''.
SEC. 2. SPECIAL RULES FOR TREATMENT OF CONTRIBUTIONS TO BE RETURNED TO
DONORS BY POLITICAL COMMITTEES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``treatment of certain contributions to be returned to donors
``Sec. 323. (a) Transfer to Commission.--Notwithstanding any other
provision of this Act, if a political committee intends to return any
contribution given to the committee in an amount equal to or greater
than $500 to the person making the contribution (other than a
contribution returned within 60 days of receipt by the committee), the
committee shall transfer the contribution to the Commission, together
with a request that the Commission return the contribution to the
person making the contribution in accordance with this section. The
Commission shall consider the return of any contribution, and any
circumstances surrounding such return, in determining under section
309(a)(2) whether it has reason to believe that a person has committed
a violation of this Act, title 18, United States Code, or chapter 95 or
96 of the Internal Revenue Code of 1986.
``(b) Establishment of Escrow Account.--
``(1) In general.--The Commission shall establish a single
interest-bearing escrow account for contributions transferred
under subsection (a).
``(2) Procedures upon transfer from committee.--Upon
receiving amounts from a political committee under subsection
(a), the Commission shall--
``(A) deposit the amounts in the account
established under paragraph (1); and
``(B) notify the Attorney General of the receipt of
the amounts from the political committee.
``(3) Use of interest to cover administrative costs.--Any
interest earned on amounts in the account established under
paragraph (1) shall be applied towards the administrative costs
incurred by the Commission in establishing and administering
the account, and any remaining interest shall be deposited in
the general fund of the Treasury.
``(c) Use of Amounts Placed in Escrow To Cover Fines, Penalties,
and Costs of Investigation.--The Commission or the Attorney General may
require any contribution deposited in the escrow account under
subsection (b) to be used as follows:
``(1) To be applied towards the payment of any fine or
penalty imposed under this Act, title 18, United States Code,
or chapter 95 or 96 of the Internal Revenue Code of 1986
against the person making the contribution involved.
``(2) If such a fine or penalty is imposed, to be applied
towards the costs incurred by the Commission or the Attorney
General in conducting any investigation of the contribution
involved under this Act, title 18, United States Code, or
chapter 95 or 96 of the Internal Revenue Code of 1986.
``(d) Return of Contribution After Deposit in Escrow.--The
Commission shall return a contribution deposited in the escrow account
under subsection (b) to the person making the contribution if--
``(1) the Commission and the Attorney General certify that
the making of the contribution is not the subject of an
investigation under this Act, title 18, United States Code, or
chapter 95 or 96 of the Internal Revenue Code of 1986, or that
such an investigation has concluded;
``(2) the Commission and the Attorney General certify that
the contribution will not be used to cover fines, penalties, or
costs pursuant to subsection (c) or, if the contribution will
be used for such purposes, that the amounts required for such
purposes have been withdrawn from the escrow account and
subtracted from the returnable contribution; or
``(3) for any 120-day period after the date the
contribution is deposited in the escrow account, neither the
Commission nor the Attorney General have pursued an
investigation of the making of the contribution under this Act,
title 18, United States Code, or chapter 95 or 96 of the
Internal Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contributions returned on or after the date of
the enactment of this Act, without regard to whether the Federal
Election Commission or Attorney General has issued regulations to carry
out section 323 of the Federal Election Campaign Act of 1971 (as added
by such subsection) by such date.
SEC. 3. EXPEDITED ADMINISTRATIVE PROCEDURE FOR REGULATIONS.
Notwithstanding any provision of subchapter II of chapter 5 of
title 5, United States Code, the Federal Election Commission and the
Attorney General shall issue final regulations to carry out section 323
of the Federal Election Campaign Act of 1971 (as added by section 2(a))
not later than 30 days after the date of the enactment of this Act. | Apprehension of Tainted Money Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to require a political committee intending to return any contribution given to the committee in an amount of $500 or more to the person making the contribution (other than a contribution returned within 60 days of receipt by the committee), to transfer the contribution to the Federal Election Commission (Commission), with a request that the Commission return the contribution to the person making the contribution. Directs the Commission to consider the return of any contribution, and any circumstances surrounding such return, in determining whether it has reason to believe that a person has committed a violation of FECA, Federal criminal law, or the Internal Revenue Code.
Establishes a single interest-bearing escrow account for contributions transferred. Requires the Commission, upon receiving amounts from a political committee to: (1) deposit the amounts in the account established; and (2) notify the Attorney General of the receipt of the amounts from the political committee.
Permits the Commission or the Attorney General to require any contribution deposited in the escrow account to be used as follows: (1) to be applied toward the payment of any fine or penalty imposed against the person making the contribution involved; and (2) if such fine or penalty is imposed, to be applied toward the costs incurred by the Commission or the Attorney General in conducting any investigation of the contribution involved. Provides for the return of a contribution after deposit in the escrow account to the person making the contribution under specified circumstances.
(Sec. 3) Directs the Commission and the Attorney General to issue final regulations to carry out the amendments of this Act no later than 30 days after enactment. | {"src": "billsum_train", "title": "Apprehension of Tainted Money Act of 1997"} | 1,083 | 368 | 0.750584 | 2.416225 | 0.889665 | 5.674627 | 3.002985 | 0.934328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make It in America Tax Credit Act of
2011''.
SEC. 2. EXTENSION AND MODIFICATION OF THE ADVANCED ENERGY PROJECT
CREDIT.
(a) Extension.--
(1) In general.--Subsection (d) of section 48C of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Additional 2011 allocations.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Secretary of
Energy, shall establish a program to consider and award
certifications for qualified investments eligible for
credits under this section to qualifying advanced
energy project sponsors with respect to applications
received on or after the date of the enactment of this
paragraph.
``(B) Limitation.--The total amount of credits that
may be allocated under the program described in
subparagraph (A) shall not exceed the 2011 allocation
amount reduced by so much of the 2011 allocation amount
as is taken into account as an increase in the
limitation described in paragraph (1)(B).
``(C) Application of certain rules.--Rules similar
to the rules of paragraphs (2), (3), (4), and (5) shall
apply for purposes of the program described in
subparagraph (A), except that--
``(i) Certification.--Applicants shall have
2 years from the date that the Secretary
establishes such program to submit
applications.
``(ii) Selection criteria.--For purposes of
paragraph (3)(B)(i), the term `domestic job
creation (both direct and indirect)' means the
creation of direct jobs in the United States
producing the property manufactured at the
manufacturing facility described under
subsection (c)(1)(A)(i), and the creation of
indirect jobs in the manufacturing supply chain
for such property in the United States.
``(iii) Review and redistribution.--The
Secretary shall conduct a separate review and
redistribution under paragraph (5) with respect
to such program not later than 4 years after
the date of the enactment of this paragraph.
``(D) 2011 allocation amount.--For purposes of this
subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Modification of credit percentage.--For
purposes of this paragraph, in applying for and making
a determination of an allocation from the 2011
allocation amount (determined without regard to any
amount taken into account under paragraph (1)(B)),
subsection (a) shall be applied by substituting `not
more than 30 percent (as determined by the Secretary)'
for `30 percent'.
``(F) Direct payments.--In lieu of any qualifying
advanced energy project credit which would otherwise be
determined under this section with respect to an
allocation to a taxpayer under this paragraph, the
Secretary shall, upon the election of the taxpayer,
make a grant to the taxpayer in the amount of such
credit as so determined. Rules similar to the rules of
section 50 shall apply with respect to any grant made
under this subparagraph.''.
(2) Portion of 2011 allocation allocated toward pending
applications under original program.--Subparagraph (B) of
section 48C(d)(1) of such Code is amended by inserting
``(increased by so much of the 2011 allocation amount (not in
excess of $1,500,000,000) as the Secretary determines necessary
to make allocations to qualified investments with respect to
which qualifying applications were submitted before the date of
the enactment of paragraph (6))'' after ``$2,300,000,000''.
(3) Conforming amendment.--Paragraph (2) of section 1324(b)
of title 31, United States Code, is amended by inserting
``48C(d)(6)(F),'' after ``36C,''.
(b) Biobased Manufacturing Eligible for Credit.--
(1) In general.--Clause (i) of section 48C(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of subclause (VI), by redesignating subclause (VII) as
subclause (VIII), and by inserting after subclause (VI) the
following new subclause:
``(VII) qualifying biobased
product, or''.
(2) Definition.--Subsection (c) of section 48C of such Code
is amended by adding at the following new paragraph:
``(3) Qualifying biobased product.--
``(A) In general.--The term `qualifying biobased
product' means any product, including a product that
may be used as a petrochemical alternative, the
biobased content of which is not less than--
``(i) 25 percent, or
``(ii) in any instance in which the
Department of Agriculture has established a
minimum content level for a designated biobased
item pursuant to section 9002 of the Farm
Security and Rural Investment Act of 2002, such
minimum content level.
``(B) Exclusion.--Such term shall not include the
following:
``(i) Any product which is sold or used as
food, feed, fuel, or an ingredient thereof.
``(ii) Any product which is primarily
composed of lignocellulosic matter and which is
sold or used as a paper or wood product, unless
such product is manufactured from--
``(I) wood fiber harvested from
lands certified as well managed by any
forest management certification program
approved by the Secretary, or
``(II) wood fiber harvested from
Federal public lands, including
National Forest System and Bureau of
Land Management lands, in accordance
with an approved land management
project and a valid timber sale or
stewardship contract.
``(C) Biobased content.--The term `biobased
content' means, with respect to any qualifying biobased
product, the amount of carbon from biological sources
contained in such product, as determined by the testing
of product samples using the generally accepted
methodology of the American Society of Testing and
Materials D6866.''.
(c) New Name for Credit To Reflect Purpose.--
(1) In general.--Paragraph (5) of section 46 and subsection
(a) of section 48C of the Internal Revenue Code of 1986 are
each amended by striking ``qualifying advanced energy project
credit'' and inserting ``Make It in America credit''.
(2) Clerical amendments.--
(A) The heading for section 48C of such Code is
amended by striking ``qualifying advanced energy
project credit'' and inserting ``make it in america
credit''.
(B) The item relating to section 48C in the table
of sections for subpart E of part IV of subchapter A of
chapter 1 of such Code is amended by striking
``Qualifying advanced energy project credit'' and
inserting ``Make It in America credit''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Make It in America Tax Credit Act of 2011 - Amends the Internal Revenue Code to expand the qualifying advanced energy project credit by allocating $5 billion of grants or tax credit amounts in 2011 to manufacturers in the United States of goods and components that are used in alternative energy projects (other than for assembly of components). Limits the credit percentage with respect to such allocation amount to not more than 30%.
Makes a qualifying biobased product eligible for the qualifying advanced energy project tax credit. Defines "qualifying biobased product" as a product that may be used as a petrochemical alternative and that has a biobased content of not less than 25 % or the minimum content level as established under the Farm Security and Rural Investment Act of 2002.
Renames the Qualifying Advanced Energy Project Credit as the Make It in America Credit. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the qualifying advanced energy project credit."} | 1,574 | 178 | 0.50538 | 1.422582 | 0.693317 | 2.677215 | 8.968354 | 0.85443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pollinator Protection Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many of the crops that humans and livestock consume
rely on pollinators for healthy growth;
(2) pollination by honey and native bees adds more than
$18,000,000,000 annually to the value of United States crops;
(3) \1/3\ of the food supply of the United States depends
on bee pollination, which makes the management and protection
of pollinators an issue of paramount importance to the security
of the United States food supply system;
(4) colony collapse disorder is the name that has been
given to the latest die-off of honey bee colonies, exacerbating
the continual decline of pollinators in North America;
(5) honey bee colonies in more than 23 states have been
affected by colony collapse disorder;
(6) if the current rate of decline continues, the United
States will be forced to rely more heavily on imported foods,
which will destabilize the food security of the United States
through adverse affects on the availability, price, and quality
of the many fruits, vegetables, and other products that depend
on animal pollination; and
(7) enhanced funding for research on honey bees, native
bees, parasites, pathogens, toxins, and other environmental
factors affecting bees and pollination of cultivated and wild
plants will result in methods of response to colony collapse
disorder and other factors causing the decline of pollinators
in North America.
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Agricultural Research Service.--There is authorized to be
appropriated to the Secretary of Agriculture, acting through the
Agricultural Research Service--
(1) $3,000,000 for each of fiscal years 2008 through 2012,
to be used for new personnel, facilities improvement, and
additional research at Department of Agriculture Bee Research
Laboratories;
(2) $2,500,000 for each of fiscal years 2008 and 2009, to
be used for research on honey and native bee physiology, insect
pathology, insect chemical ecology, and honey and native bee
toxicology at other Department of Agriculture facilities in New
York, Florida, California, Utah, and Texas; and
(3) $1,750,000 for each of fiscal years 2008 through 2010,
to be used for an area-wide research program to identify causes
and solutions for colony collapse disorder in affected States,
of which--
(A) $875,000 for each fiscal year shall be used to
carry out the program at the bee laboratory of the
Agricultural Research Service located in Beltsville,
Maryland; and
(B) $875,000 for each fiscal year shall be used to
carry out the program at the bee laboratory of the
Agricultural Research Service located in Tucson,
Arizona.
(b) Cooperative State Research, Education, and Extension Service.--
There is authorized to be appropriated to the Secretary of Agriculture,
acting through the Cooperative State Research, Education, and Extension
Service, $10,000,000 for each of fiscal years 2008 through 2012 to be
used to fund Department of Agriculture extension and research grants to
investigate--
(1) honey bee biology, immunology, and ecology;
(2) honey bee genomics;
(3) honey bee bioinformatics;
(4) native bee crop pollination and habitat conservation;
(5) native bee taxonomy and ecology;
(6) pollination biology;
(7) sublethal effects of insecticides, herbicides, and
fungicides on honey bees, native pollinators, and other
beneficial insects;
(8) the effects of genetically-modified crops, including
the interaction of genetically-modified crops with honey bees
and other native pollinators; and
(9) honey, bumble, and other native bee parasites and
pathogens and effects on other native pollinators.
(c) Animal and Plant Health Inspection Service.--There is
authorized to be appropriated to the Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, $2,250,000 for
each of fiscal years 2008 through 2012 to conduct a nationwide honey
bee pest and pathogen surveillance program.
SEC. 4. ANNUAL REPORTS.
The Secretary of Agriculture, acting through the Agricultural
Research Service and the Cooperative State Research, Education, and
Extension Service, shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the status and progress of bee
research projects that are carried out by the Secretary. | Pollinator Protection Act of 2007 - Authorizes appropriations to the Secretary of Agriculture, through the Agricultural Research Service, for: (1) personnel, facilities improvement, and additional research at Department of Agriculture Bee Research Laboratories; (2) research on honey bee physiology, insect pathology, insect chemical ecology, and honey and native bee toxicology at other Department facilities in New York, Florida, California, Utah, and Texas; and (3) research to identify causes and solutions for Colony Collapse Disorder, with specified amounts for research at the Agricultural Research Services in Beltsville, Maryland, and Tucson, Arizona.
Authorizes appropriations to the Secretary, through the Cooperative State Research, Education, and Extension Service, for research grants to investigate: (1) honey bee immunology, genomics, biology, ecology, and bioinformatics; (2) pollination biology; and (3) the effects of genetically modified crops, insecticides, herbicides, parasites, and fungicides on honey bees and other beneficial insects and pollinators. | {"src": "billsum_train", "title": "A bill to authorize resources for sustained research and analysis to address colony collapse disorder and the decline of North American pollinators."} | 985 | 228 | 0.691328 | 1.988539 | 1.05259 | 4.623037 | 4.764398 | 0.958115 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipeline Integrity, Safety, and
Reliability Research and Development Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) natural gas and hazardous liquid pipelines are a
critical element of our nation's energy infrastructure;
(2) pipeline transportation of natural gas and liquid fuels
is a cost-effective means of delivering energy;
(3) the Nation's reliance on pipelines is increasing,
especially for delivery of fuel to densely populated areas;
(4) a number of the Nation's pipelines have been in service
for more than 50 years;
(5) ensuring pipelines are constructed and maintained to
minimize the risks to safety and the environment is a national
priority;
(6) early detection of serious defects in a pipeline
reduces the risk of accidents;
(7) pipeline operators and Federal and State inspectors
need advanced technologies to locate defects and monitor
pipelines before failures occur;
(8) the many benefits of pipeline transportation are in the
national interest and it is appropriate for the Federal
Government to provide investment in fundamental and research-
driven innovation in the areas of pipeline materials,
operations, and inspections techniques; and
(9) Federal contributions to promoting pipeline safety
should be part of a coordinated research and development
program under the Department of Transportation and in
coordination with the Department of Energy, the national
laboratories, universities, the private sector, and other
research institutes.
SEC. 3. COOPERATION AND COORDINATION PROGRAM FOR PIPELINE INTEGRITY
RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Transportation, in coordination
with the Secretary of Energy, shall develop and implement an
accelerated cooperative program of research and development to ensure
the integrity of natural gas and hazardous liquid pipelines. This
research and development program shall include materials inspection
techniques, risk assessment methodology, and information systems
surety.
(b) Purpose.--The purpose of the cooperative research program shall
be to promote research and development to--
(1) ensure long-term safety, reliability and service life
for existing pipelines;
(2) expand capabilities of internal inspection devices to
identify and accurately measure defects and anomalies;
(3) develop inspection techniques for pipelines that cannot
accommodate the internal inspection devices available on the
date of enactment;
(4) develop innovative techniques to measure the structural
integrity of pipelines to prevent pipeline failures;
(5) develop improved materials and coatings for use in
pipelines;
(6) improve the capability, reliability, and practicality
of external leak detection devices;
(7) identify underground environments that might lead to
shortened service life;
(8) enhance safety in pipeline siting and land use;
(9) minimize the environmental impact of pipelines;
(10) demonstrate technologies that improve pipeline safety,
reliability, and integrity;
(11) provide risk assessment tools for optimizing risk
mitigation strategies; and
(12) provide highly secure information systems for
controlling the operation of pipelines.
(c) Areas.--In carrying out this Act, the Secretary of
Transportation, in coordination with the Secretary of Energy, shall
consider research and development on natural gas, crude oil, and
petroleum product pipelines for--
(1) early crack, defect, and damage detection, including
real-time damage monitoring;
(2) automated internal pipeline inspection sensor systems;
(3) land use guidance and set back management along
pipeline rights-of-way for communities;
(4) internal corrosion control;
(5) corrosion-resistant coatings;
(6) improved cathodic protection;
(7) inspection techniques where internal inspection is not
feasible, including measurement of structural integrity;
(8) external leak detection, including portable real-time
video imaging technology, and the advancement of computerized
control center leak detection systems utilizing real-time
remote field data input;
(9) longer life, high strength, non-corrosive pipeline
materials;
(10) assessing the remaining strength of existing pipes;
(11) risk and reliability analysis models, to be used to
identify safety improvements that could be realized in the near
term resulting from analysis of data obtained from a pipeline
performance tracking initiative.
(12) identification, monitoring, and prevention of outside
force damage, including satellite surveillance; and
(13) any other areas necessary to ensuring the public
safety and protecting the environment.
(d) Points of Contact.--
(1) In general.--To coordinate and implement the research
and development programs and activities authorized under this
Act--
(A) the Secretary of Transportation shall
designate, as the point of contact for the Department
of Transportation, an officer of the Department of
Transportation who has been appointed by the President
and confirmed by the Senate; and
(B) the Secretary of Energy shall designate, as the
point of contact for the Department of Energy, an
officer of the Department of Energy who has been
appointed by the President and confirmed by the Senate.
(2) Duties.--(A) The point of contact for the Department of
Transportation shall have the primary responsibility for
coordinating and overseeing the implementation of the research,
development, and demonstration program plan, as defined in
subsections (e) and (f).
(B) The points of contact shall jointly assist in arranging
cooperative agreements for research, development, and
demonstration involving their respective Departments, national
laboratories, universities, and industry research
organizations.
(e) Research and Development Program Plan.--Within 240 days after
the date of enactment of this Act, the Secretary of Transportation, in
coordination with the Secretary of Energy and the Pipeline Integrity
Technical Advisory Committee, shall prepare and submit to the Congress
a 5-year program plan to guide activities under this Act. In preparing
the program plan, the Secretary shall consult with appropriate
representatives of the natural gas, crude oil, and petroleum product
pipeline industries to select and prioritize appropriate project
proposals. The Secretary may also seek the advice of utilities,
manufacturers, institutions of higher learning, Federal agencies, the
pipeline research institutions, national laboratories, State pipeline
safety officials, environmental organizations, pipeline safety
advocates, and professional and technical societies.
(f) Implementation.--The Secretary of Transportation shall have
primary responsibility for ensuring the five-year plan provided for in
subsection (e) is implemented as intended by this Act. In carrying out
the research, development, and demonstration activities under this Act,
the Secretary of Transportation and the Secretary of Energy may use, to
the extent authorized under applicable provisions of law, contracts,
cooperative agreements, cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), grants, joint ventures, other transactions, and any
other form of agreement available to the Secretary consistent with the
recommendations of the Advisory Committee.
(g) Reports to Congress.--The Secretary of Transportation shall
report to the Congress annually as to the status and results to date of
the implementation of the research and development program plan. The
report shall include the activities of the Departments of
Transportation and Energy, the national laboratories, universities, and
any other research organizations, including industry research
organizations.
SEC. 4. PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Transportation shall enter
into appropriate arrangements with the National Academy of Sciences to
establish and manage the Pipeline Integrity Technical Advisory
Committee for the purpose of advising the Secretary of Transportation
and the Secretary of Energy on the development and implementation of
the five-year research, development, and demonstration program plan as
defined in Sec. 3(e). The Advisory Committee shall have an ongoing role
in evaluating the progress and results of the research, development,
and demonstration carried out under this Act.
(b) Membership.--The National Academy of Sciences shall appoint the
members of the Pipeline Integrity Technical Advisory Committee after
consultation with the Secretary of Transportation and the Secretary of
Energy. Members appointed to the Advisory Committee should have the
necessary qualifications to provide technical contributions to the
purposes of the Advisory Committee.
SEC. 5. AUTHORIZATION OF APPROPRIATION.
(a) There are authorized to be appropriated to the Secretary of
Transportation for carrying out this Act $3,000,000, which is to be
derived from user fees (49 U.S.C. Sec. 60125), for each of the fiscal
years 2001 through 2005.
(b) Of the amounts available in the Oil Spill Liability Trust Fund
(26 U.S.C. Sec. 9509), $3,000,000 shall be transferred to the Secretary
of Transportation to carry out programs for detection, prevention, and
mitigation of oil spills authorized in this Act for each of the fiscal
years 2001 through 2005.
(c) There are authorized to be appropriated to the Secretary of
Energy for carrying out this Act such sums as may be necessary for each
of the fiscal years 2001 through 2005. | Requires the Secretary to: (1) arrange with the National Academy of Sciences for the establishment of a Pipeline Integrity Technical Advisory Committee; and (2) prepare, along with the Committee, in coordination with the Secretary of Energy, and submit to Congress a five-year research and development program plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Pipeline Integrity, Safety, and Reliability Research and Development Act of 2000"} | 1,852 | 71 | 0.607285 | 1.590461 | 0.314431 | 3.571429 | 29.015873 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forty Percent Funding of IDEA in
Four Years Act'' or the ``Forty-in-Four Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Federal Government appropriately requires States
that accept funds under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to make available a free
appropriate public education to all children with disabilities.
(2) While Congress committed to contribute up to 40 percent
of the national average per pupil expenditure to assist States
and local educational agencies with the excess costs of
educating children with disabilities, the Federal Government
has never contributed more than 14.9 percent of the national
average per pupil expenditure under the Individuals with
Disabilities Education Act.
(3) If Congress fully funded the Federal Government's
obligation under the Individuals with Disabilities Education
Act, States and local educational agencies would have
significantly greater resources to reduce class size, improve
school facilities, provide local tax relief, and otherwise
redirect resources to areas based on local need.
(b) Purpose.--The purpose of this Act is to provide by fiscal year
2005 40 percent of the national current average per pupil expenditure
to assist States and local educational agencies with the excess costs
of educating children with disabilities under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.)
SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Section 611(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(a)) is amended--
(1) by striking paragraph (2); and
(2) by inserting after paragraph (1) the following:
``(2) Minimum amounts.--The minimum amount of the grant a
State is entitled to receive under this section is--
``(A) the number of children with disabilities in
the State who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) the following percentages of the average
current per-pupil expenditure in public elementary and
secondary schools in the United States for the
following fiscal years:
``(i) 20 percent for fiscal year 2002.
``(ii) 25 percent for fiscal year 2003.
``(iii) 30 percent for fiscal year 2004.
``(iv) 40 percent for fiscal year 2005 and
each subsequent fiscal year.
``(3) No individual entitlement.--Paragraph (2) shall not
be interpreted to entitle any individual to assistance under
any State program, project, or activity funded under this
part.''.
(b) Conforming Amendments.--(1) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) is amended by striking
subsection (j).
(2) Section 611 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411), as amended by paragraph (1), is further amended--
(A) in subsection (b)(1), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve not more than one percent, which shall
be used'' and inserting ``From the amount available for any
fiscal year to carry out this part (other than section 619),
the Secretary shall use not more than one percent'';
(B) in subsection (c), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve'' and inserting ``From the amount
available for any fiscal year to carry out this part (other
than section 619), the Secretary shall use'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--''; and
(II) by striking ``paragraph (2) or
subsection (e), as the case may be'' and
inserting ``subsection (e)''; and
(ii) by striking paragraph (2);
(D) in subsection (e)--
(i) in the heading, by striking ``Permanent'';
(ii) in paragraph (1)--
(I) by striking ``subsection (d)(1)'' and
inserting ``subsection (d)''; and
(II) by inserting after ``subsection (j)''
the following: ``(as such subsection was in
effect on the day before the date of the
enactment of the Forty Percent Funding of IDEA
in Four Years Act)''; and
(iii) in paragraph (3)(B)--
(I) in clause (ii)--
(aa) in subclause (I)(bb), by
striking ``amount appropriated under
subsection (j)'' and inserting ``amount
available to carry out this part (other
than section 619)'';
(bb) in subclause (II)(bb), by
striking ``appropriated'' and inserting
``available''; and
(cc) in subclause (III)(bb), by
striking ``appropriated'' and inserting
``available''; and
(II) in clause (iii)(II), by striking
``appropriated'' and inserting ``available'';
(E) in subsection (g)--
(i) in paragraph (2)--
(I) by striking subparagraph (A);
(II) by striking ``(B) Permanent
procedure.--'';
(III) by redesignating clauses (i) and (ii)
and subclauses (I) and (II) as subparagraphs
(A) and (B) and clauses (i) and (ii),
respectively; and
(IV) in subparagraph (B) (as redesignated),
by striking ``clause (i)'' and inserting
``subparagraph (A)''; and
(ii) in paragraph (3)(A)--
(I) in clause (i)(I), by striking
``appropriated'' and inserting ``available'';
(II) in clause (ii), by striking
``appropriated'' and inserting ``available'';
and
(F) in subsection (i)(3)(A), by striking ``appropriated
under subsection (j)'' and inserting ``available to carry out
this part (other than section 619)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001. | Forty Percent Funding of IDEA in Four Years Act - Forty-in-Four Act - Amends the Individuals with Disabilities Education Act (IDEA) to require specified minimum levels of Federal grant payments to States for assistance for education of all children with disabilities in order to increase funding under the Act, by five percent increments per fiscal year, from 20 percent of the national current average for per pupil expenditure in FY 2002 to 40 percent in FY 2005 and afterwards. | {"src": "billsum_train", "title": "To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities."} | 1,547 | 104 | 0.527691 | 1.332804 | 0.854376 | 2.613636 | 15.625 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detroit Growth and Stability Act of
2012''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The City of Detroit is an essential part of the
Nation's economy and, in particular, the Nation's manufacturing
sector.
(2) Absent decisive action from the Federal Government, the
City of Detroit risks bankruptcy and loan default.
(3) A bankruptcy or default of the City of Detroit would
have broad negative economic consequences on the State of
Michigan and the Nation.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``city'' means the city of Detroit, Michigan.
(2) The term ``State'' means the State of Michigan.
(3) The term ``financing agent'' means any agency duly
authorized by State law, and approved by the city, to act on
behalf or in the interest of the city with respect to the
city's financial affairs.
(4) The term ``Secretary'' means the Secretary of the
Treasury.
SEC. 4. LOANS.
(a) In General.--Upon written request of a financing agent, the
Secretary may make loans to such agent subject to the provisions of
this Act and the city and such agent shall be jointly and severally
liable thereon.
(b) Maturity.--Each such loan shall mature not later than 30 years
after the last day of the city's fiscal year in which it was made, and
shall bear interest at an annual rate equal to the current average
market yield on outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the maturities of such
loan, as determined by the Secretary at the time of the loan.
(c) Prepayment.--The Secretary may not charge any prepayment
penalties with respect to any loan made under this Act.
SEC. 5. SECURITY FOR LOANS.
In connection with any loan made under this Act, the Secretary may
require the city and a financing agent and, where the Secretary deems
necessary, the State, to provide such security as the Secretary deems
appropriate. The Secretary may take such steps as such Secretary deems
necessary to realize upon any collateral in which the United States has
a security interest pursuant to this section to enforce any claim the
United States may have against the city or any financing agent pursuant
to this Act. Notwithstanding any other provision of law, Acts making
appropriations may provide for the withholding of any payments from the
United States to the city, either directly or through the State, which
may be or may become due pursuant to any law and offset the amount of
such withheld payments against any claim the Secretary may have against
the city or any financing agent pursuant to this Act. With respect to
debts incurred pursuant to this Act, for the purposes of section 3466
of the Revised statutes (31 U.S.C. 181) the term ``person'' includes
any financing agent.
SEC. 6. LIMITATIONS.
At no time shall the amount of loans outstanding under this Act
exceed in the aggregate $500,000,000.
SEC. 7. REMEDIES.
The remedies of the Secretary prescribed in this Act shall be
cumulative and not in limitation of or substitution for any other
remedies available to the Secretary or the United States.
SEC. 8. FUNDING.
(a) Establishment of Fund.--There is hereby established in the
Treasury a fund to be known as the ``City of Detroit Growth and
Stability Fund'', which shall be administered by the Secretary. The
fund shall be used for the purpose of making loans pursuant to this
Act. There is authorized to be appropriated to such fund the sum of
$500,000,000.
(b) Administrative Costs.--There are authorized to be appropriated
such sums as may be necessary to pay the expenses of administration of
this Act.
SEC. 9. INSPECTION OF DOCUMENTS.
At any time a request for a loan is pending or a loan is
outstanding under this Act, the Secretary is authorized to inspect and
copy all accounts, books, records, memorandums, correspondence, and
other documents of the city or any financing agent relating to its
financial affairs.
SEC. 10. AUDITS.
No loan may be made under this Act for the benefit of any State or
city unless the General Accounting Office is authorized to make such
audits as may be deemed appropriate by either the Secretary or the
General Accounting Office of all accounts, books, records, and
transactions of the State, the political subdivision, if any, involved,
and any agency or instrumentality of such State or political
subdivision. The General Accounting Office shall report the results of
any such audit to the Secretary and to the Congress.
SEC. 11. TERMINATION.
The authority of the Secretary to make any loan under this Act
terminates on January 1, 2016. Such termination does not affect the
carrying out of any transaction entered into pursuant to this Act prior
to that date, or the taking of any action necessary to preserve or
protect the interests of the United States arising out of any loan
under this Act. | Detroit Growth and Stability Act of 2012 - Authorizes the Secretary of the Treasury to: (1) make loans to a financing agent authorized by the state of Michigan to act on behalf of the city of Detroit, Michigan, for which the financing agent and the city shall be jointly and severally liable; and (2) require the city and the financing agent to provide security for such loans. Limits the aggregate amount of loans outstanding to $500 million. Terminates the authority of the Secretary to make such loans on January 1, 2016.
Establishes in the Treasury the City of Detroit Growth and Stability Fund for purposes of making such loans. | {"src": "billsum_train", "title": "To authorize the Secretary of the Treasury to provide growth and stability funding for the city of Detroit."} | 1,100 | 129 | 0.621005 | 1.77937 | 0.625951 | 3.120968 | 8.532258 | 0.943548 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Ground and Surface Water
Enhancement Program Act of 2007''.
SEC. 2. PURPOSE AND GOALS.
(a) Purpose.--The purpose of this Act is to authorize a regional
water enhancement program, within the environmental quality incentives
program, to enhance performance-based, cost-effective conservation
carried out through cooperative agreements entered into by the
Secretary of Agriculture with producers, governmental entities, and
Indian tribes.
(b) Goal.--
(1) In general.--The goal of the regional water enhancement
program is to improve water quality or ground and surface water
quantity through coordinated program activities on agricultural
land.
(2) Secretarial responsibility.--The Secretary shall
develop goals and provide coordinated program assistance for
water quality or water quantity improvement projects.
SEC. 3. REGIONAL GROUND AND SURFACE WATER ENHANCEMENT PROGRAM.
Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-9)
is amended to read as follows:
``SEC. 1240I. REGIONAL GROUND AND SURFACE WATER ENHANCEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Regional water enhancement activity.--The term
`regional water enhancement activity' means an activity that
improves water quality or ground and surface water quantity,
including--
``(A) resource condition assessment and modeling;
``(B) water quality, water quantity, or water
conservation plan development;
``(C) management system and environmental
monitoring and evaluation;
``(D) the provision of a cost-share for a
restoration or enhancement project;
``(E) the provision of an incentive payment for
land management practices;
``(F) the execution of a conservation contract with
a landowner;
``(G) the improvement of an irrigation system;
``(H) water banking and other forms of water
transactions;
``(I) groundwater recharge; and
``(J) other conservation-related activities that
the Secretary determines would help to achieve the
water quality or water quantity benefits on
agricultural land identified in a partnership
agreement.
``(2) Partnership agreement.--The term `partnership
agreement' means an agreement between the Secretary and a
partner under subsection (d).
``(3) Partner.--
``(A) In general.--The term `partner' means an
entity that enters into a partnership agreement with
the Secretary to carry out regional water enhancement
activities.
``(B) Inclusions.--The term includes--
``(i) an agricultural producer,
agricultural or silvicultural producer
association, or other group of such producers;
``(ii) a State or unit of local government;
or
``(iii) a federally recognized Indian
tribe.
``(b) Establishment of Program.--
``(1) Identification of water quality and water quantity
priority areas.--The Secretary shall identify areas in which
protecting or improving water quality or water quantity, or
both, is a priority.
``(2) Establishment.--The Secretary shall establish a
regional water enhancement program in accordance with this
section to improve water quality or water quantity on a
regional scale to benefit working agricultural land and other
land surrounding agricultural land.
``(3) Implementation.--The Secretary, acting through the
Chief of the Natural Resources Conservation Service, shall
carry out the program established under paragraph (2).
``(c) Selection of Partners.--
``(1) Solicitation of partnership proposals.--Not later
than 90 days after the date of the enactment of the Regional
Ground and Surface Water Enhancement Program Act of 2007, the
Secretary shall invite prospective partners to submit
competitive grant proposals for regional water enhancement
partnerships.
``(2) Elements.--To be eligible for consideration for
participation in the program, a proposal submitted by a partner
shall include--
``(A) identification of the exact geographical area
for which the partnership is proposed, which may be
based on--
``(i) a watershed (or portion of a
watershed);
``(ii) an irrigation, water, or drainage
district, including a service area; or
``(iii) any other geographical area with
characteristics that make the area suitable for
landscape-wide program implementation, as
determined by the Secretary;
``(B) identification of the water quality or water
quantity issues that are of concern in the area;
``(C) a method for determining a baseline
assessment of water quality, water quantity, and other
resource conditions in the region;
``(D) a detailed description of the proposed
regional water enhancement activities to be undertaken
in the area, including an estimated timeline and budget
for each activity;
``(E) a description of the performance measures to
be used to gauge the effectiveness of the regional
water enhancement activities;
``(F) a description of other regional water
enhancement activities carried out by the Secretary;
and
``(G) a description of regional water enhancement
activities carried out by partners through other means.
``(3) Selection of proposals.--The Secretary shall award
grants competitively, based on the following criteria, as
determined by the Secretary:
``(A) The extent to which the proposed project
would result in the inclusion of the highest percentage
of agricultural land in the area.
``(B) The extent to which the proposed project
would result in the highest percentage of on-the-ground
activities as compared to administrative costs.
``(C) The extent to which the proposed project
would provide the greatest contribution to sustaining
or enhancing agricultural production in the area or
rural economic development.
``(D) The extent to which the proposed project
includes performance measures that would allow post-
activity conditions to be satisfactorily measured to
gauge overall effectiveness.
``(E) The extent to which the proposed project
would increase water availability for irrigated
assisted rain-fed systems to improve land use
efficiency, reduce unused applied nitrogen in the soil,
and increase pesticide and herbicide application
efficiency and energy efficiency.
``(F) The extent to which the proposed project
would store surface water runoff or rechargeable
groundwater for use during the agricultural growing
season through the construction, improvement, or
maintenance of irrigation ponds, including associated
water transport infrastructure to and from the ponds.
``(4) Priority.--The Secretary shall give priority to
proposals that, as determined by the Secretary, would
facilitate a conservation measure that would result in a net
savings in groundwater or surface water in the agricultural
operation of a producer.
``(5) Requirement.--The requirements of the environmental
quality incentives program shall apply to regional water
enhancement activities carried out under this section, as
determined by the Secretary.
``(6) Duration.--
``(A) In general.--Subject to subparagraph (B), a
grant under this subsection shall be made on a
multiyear basis, not to exceed a total of 5 years.
``(B) Early termination.--The Secretary may
terminate a grant earlier than the term determined
under subparagraph (A) if the Secretary determines that
the performance measures for the grant are not being
met.
``(d) Partnership Agreements.--
``(1) In general.--Not later than 30 days after the date on
which a partner receives a grant under subsection (c), the
Secretary shall enter into a partnership agreement with the
grant recipient.
``(2) Requirements.--At a minimum, a partnership agreement
shall contain--
``(A) a description of the respective duties and
responsibilities of the Secretary and the partner in
carrying out regional water enhancement activities; and
``(B) the criteria that the Secretary will use to
measure the overall effectiveness of the regional water
enhancement activities funded by the grant in improving
the water quality or quantity conditions of the region
relative to the performance measures in the grant
proposal.
``(3) Acceptance of contributions.--The Secretary may
accept and use contributions of non-Federal funds to carry out
the program under this section.
``(e) Modification of Secretarial Authority.--To the extent that
the Secretary will be carrying out regional water enhancement
activities in an area, the Secretary may use the general authorities
provided in this subtitle to ensure that all producers and landowners
in the region have the opportunity to participate in the regional water
enhancement activities.
``(f) Relationship With Other Programs.--The Secretary shall ensure
that, to the extent producers and landowners are individually
participating in other programs under this subtitle in a region in
which the regional water enhancement program is in effect, any
improvements to water quality or water quantity attributable to the
individual participation are included in the evaluation criteria
developed under subparagraph (d)(2)(B).
``(g) Consistency With State Law.--Any regional water enhancement
activity conducted under this section shall be consistent with State
water laws.
``(h) Funding.--
``(1) Availability of funds.--In addition to funds made
available to carry out this chapter under section 1241(a)(6),
of the funds of the Commodity Credit Corporation, the Secretary
shall use, to the maximum extent practicable, to carry out this
section $100,000,000 for each of fiscal years 2008 through
2012, to remain available until expended.
``(2) Limitation on administrative expenses.--Not more than
3 percent of the funds made available under paragraph (1) for a
fiscal year may be used for administrative expenses of the
Secretary.''. | Regional Ground and Surface Water Enhancement Program Act of 2007 - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to: (1) identify areas in which protecting or improving water quality or water quantity, or both, is a priority; (2) establish (within the environmental quality incentives program) a regional water enhancement program to improve agricultural water quality or water quantity; and (3) invite prospective partners to submit competitive grant proposals for regional water enhancement partnerships. | {"src": "billsum_train", "title": "A bill to amend the Food Security Act of 1985 to authorize a regional water enhancement program in the environmental quality incentives program."} | 2,074 | 95 | 0.688693 | 1.640064 | 1.128549 | 4.677419 | 21.27957 | 0.978495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Distribution of State-
Inspected Meat Act of 1997''.
SEC. 2. WAIVER OF INTRASTATE DISTRIBUTION LIMITATION.
(a) Meat.--Section 301(a) of the Federal Meat Inspection Act (21
U.S.C. 661(a)) is amended by adding at the end the following:
``(5) Waiver of intrastate distribution limitation.--
``(A) Evaluation.--On application of a State agency
with which the Secretary may cooperate under this Act,
the Secretary shall evaluate the inspection,
reinspection, and sanitation requirements of the
State's meat inspection program to verify that the
mandatory requirements of the program are at least
equal to the Federal requirements of title I and the
final rule entitled `Pathogen Reduction; Hazard
Analysis and Critical Control Point (HACCP) Systems'
(61 Fed. Reg. 38806), published on July 25, 1996.
``(B) Waiver.--If the Secretary verifies that the
inspection, reinspection, and sanitation requirements
of the State's meat inspection program are at least
equal to the Federal requirements described in
subparagraph (A), the Secretary shall waive the
limitation of paragraph (1) that restricts meat
inspected by the State to intrastate distribution to
allow domestic distribution within the States,
territories, and possessions of the United States.
``(C) Inspections.--
``(i) In general.--Following any waiver
under subparagraph (B), the Secretary may
perform a random inspection of a State-
inspected plant within the State to ensure that
the inspection, reinspection, and sanitation
requirements of the State's meat inspection
program are complied with to the same degree as
the Federal requirements described in
subparagraph (A) are complied with.
``(ii) Inspectors.--The Secretary may use
an employee of the Department of Agriculture,
or may cooperate with the State agency to train
and use a State employee, to perform an
inspection under clause (i).
``(iii) Noncompliance.--If an inspection
under clause (i) discloses that the inspection,
reinspection, and sanitation requirements of
the State's meat inspection program are not
complied with at a plant to the same degree as
the Federal requirements described in
subparagraph (A), the Secretary shall reimpose
the restriction against the interstate
distribution of meat and meat products produced
at the plant until a subsequent inspection
verifies that the inspection, reinspection, and
sanitation requirements of the State's meat
inspection program are complied with at the
plant to the same degree as the Federal
requirements described in subparagraph (A).''.
(b) Poultry.--Section 5(a) of the Poultry Products Inspection Act
(21 U.S.C. 454(a)) is amended by adding at the end the following:
``(5) Waiver of intrastate distribution limitation.--
``(A) Evaluation.--On application of a State agency
with which the Secretary may cooperate under this Act,
the Secretary shall evaluate the inspection,
reinspection, and sanitation requirements of the
State's poultry inspection program to verify that the
mandatory requirements of the program are at least
equal to the Federal requirements of this Act and the
final rule entitled `Pathogen Reduction; Hazard
Analysis and Critical Control Point (HACCP) Systems'
(61 Fed. Reg. 38806), published on July 25, 1996.
``(B) Waiver.--If the Secretary verifies that the
inspection, reinspection, and sanitation requirements
of the State's poultry inspection program are at least
equal to the Federal requirements described in
subparagraph (A), the Secretary shall waive the
limitation of paragraph (1) that restricts poultry
inspected by the State to intrastate distribution to
allow domestic distribution within the States,
territories, and possessions of the United States.
``(C) Inspections.--
``(i) In general.--Following any waiver
under subparagraph (B), the Secretary may
perform a random inspection of a State-
inspected plant within the State to ensure that
the inspection, reinspection, and sanitation
requirements of the State's poultry inspection
program are complied with to the same degree as
the Federal requirements described in
subparagraph (A) are complied with.
``(ii) Inspectors.--The Secretary may use
an employee of the Department of Agriculture,
or may cooperate with the State agency to train
and use a State employee, to perform an
inspection under clause (i).
``(iii) Noncompliance.--If an inspection
under clause (i) discloses that the inspection,
reinspection, and sanitation requirements of
the State's poultry inspection program are not
complied with at a plant to the same degree as
the Federal requirements described in
subparagraph (A), the Secretary shall reimpose
the restriction against the interstate
distribution of poultry and poultry products
produced at the plant until a subsequent
inspection verifies that the inspection,
reinspection, and sanitation requirements of
the State's poultry inspection program are
complied with at the plant to the same degree
as the Federal requirements described in
subparagraph (A).''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
December 1, 1997. | Interstate Distribution of State-Inspected Meat Act of 1997 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to permit the interstate distribution of State-inspected meat and poultry where State inspection requirements are at least equal to Federal requirements. | {"src": "billsum_train", "title": "Interstate Distribution of State-Inspected Meat Act of 1997"} | 1,199 | 64 | 0.582457 | 1.370088 | 0.939034 | 2.415094 | 19.981132 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Data Quality Act
of 2004''.
SEC. 2. SOUND SCIENCE.
(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:
``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS.''.
(B) by striking ``For the purposes of this Act--''
and inserting the following:
``(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
``(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available or the best scientific data available, the Secretary shall--
``(1) ensure that such data comply with guidelines issued
under section 515 of the Treasury and General Government
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-
171) by the Director of the Office of Management and Budget,
and any guidance issued by the Secretary pursuant to such
guidelines, except as provided in this Act;
``(2) ensure that such data include timely field survey
data to the extent such data are available; and
``(3) give greater weight to interpretations of data
derived from or verified by timely field work (commonly
referred to as `empirical data') that have been subjected to
peer-review.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 is amended
by striking the item relating to section 3 and inserting the
following:
``Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9) Establishment of criteria for scientific data to
support listing.--Not later than 1 year after the date of the
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met in order
to determine under this section that data is the best
scientific and commercial data available and for best
scientific data available to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
``(10) Field data.--
``(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination or designation,
respectively, is supported by data obtained by timely
fields.
``(B) Data from real property owners and
operators.--The Secretary shall--
``(i) accept data during the appropriate
public comment period regarding the status of a
species that is collected by an individual who
is an owner of real property or who holds or is
an applicant for a contract, lease, or other
permit for real property through observation of
the species on the real property; and
``(ii) acknowledge receipt of data
submitted under clause (i) and include such
data in the rulemaking record compiled under
this section for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
``(6) Additional data.--
``(A) Identification.--The Secretary shall--
``(i) identify and publish in the Federal
Register with the notice of a proposed
regulation published pursuant to subsection
(b)(5)(A)(i), and with notice of any final
regulation published pursuant to subsection
(b)(6), a description of additional scientific
and commercial data that would assist in the
preparation of a recovery plan;
``(ii) invite any person to submit such
data to the Secretary; and
``(iii) describe the steps that the
Secretary plans to take to acquire additional
data.
``(B) Consideration.--Data identified and obtained
under subparagraph (A) shall be considered by the
recovery team and the Secretary in the preparation of
the recovery plan in accordance with section 5.''.
SEC. 3. PEER REVIEW.
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)
is amended by adding at the end the following:
``(j) Independent Scientific Review Requirements.--
``(1) Definitions.--In this subsection:
``(A) Covered action.--The term `covered action'
means--
``(i) a proposed determination under
subsection (a)(1) that a species is an
endangered species or a threatened species
under subsection (a)(1);
``(ii) a proposed determination under
subsection (a)(1) that would change the status
of a species as an endangered species or a
threatened species or would remove such a
species from any list published under
subsection (c)(1);
``(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
``(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species, including the
proposal of any reasonable and prudent
alternatives by the Secretary under section
7(b)(3).
``(B) Qualified individual.--The term `qualified
individual' means an individual--
``(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the covered
action;
``(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the covered action that is the
subject of the review; and
``(iii) who has not advocated a position,
and is not employed by a person who has
advocated a position, with respect to the
outcome of the covered action that is the
subject of the review, or of any previous
covered action with respect to the affected
species.
``(C) Conflict of interest.--The term `conflict of
interest'--
``(i) shall have such meaning as is
established by regulations as shall be issued
by the Secretary; and
``(ii) shall include, in accordance with
such regulations, direct financial interests in
the outcome of the action that will be the
subject of the review, including consulting
arrangements, grants, honoraria, or employment.
``(2) Recommendation of independent reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and the governors of affected States of
qualified individuals to serve as independent reviewers for a
covered action.
``(3) Appointment of independent scientific reviewers.--(A)
Before making the final decision on any covered action, the
Secretary shall appoint, from among the individuals recommended
under paragraph (2), 3 qualified individuals who shall review
and report to the Secretary on the scientific information and
analyses on which the covered action is based.
``(B) The selection and activities of the independent
reviewers appointed pursuant to this paragraph shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
``(C) If funds are available, the Secretary shall provide
compensation to an individual for service as an independent
reviewer under this paragraph, at a rate not to exceed the
daily equivalent of the maximum annual rate of basic pay for
GS-14 of the General Schedule for each day (including travel
time) during which the individual is engaged in the actual
performance of duties as an independent reviewer.
``(4) Information for review.--The Secretary shall transmit
to the independent reviewers all available scientific and
commercial data identified in the administrative record for the
action at the time of the transmission.
``(5) Response of independent reviewers.--The independent
reviewers shall provide the Secretary, within 3 months after
the transmission of the data under paragraph (4), their reviews
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
``(6) Notice of data availability.--
``(A) Following receipt of the reviews provided
under paragraph (5) and not less than 30 days before
making the final decision on a covered action described
in paragraph (1)(A)(i) or (ii), the Secretary shall
publish a notice of the availability of the draft
determination of which data available qualify as the
best scientific and commercial data available on which
the final decision will be based and which do not,
including any ongoing assessments that are expected to
produce such data.
``(B) The Secretary shall provide the public with
not less than 15 days to identify any additional
information that should be considered as best
scientific and commercial data available data with
respect to a covered action described in paragraph
(1)(A)(i) or (ii), including the reasons why such
information should be so considered.
``(C) The Secretary shall explain, in the notice of
final covered action with respect to a covered action
described in paragraph (1)(A)(i) or (ii), why
information identified under subparagraph (B) did or
did not qualify as the best scientific and commercial
data available.
``(D) The Secretary shall identify the data that
qualified as the best scientific and commercial data
available on which the final decision with respect to a
covered action described in paragraph (1)(A)(iii) or
(iv) is based in a final biological opinion or final
recovery plan for the covered action.
``(7) Final determination.--The Secretary shall evaluate
the reviews received pursuant to paragraph (5) and include in
the final determination--
``(A) a summary of each independent review; and
``(B) in any case in which the Secretary does not
accept a recommendation of an independent reviewer with
respect to data reviewed pursuant to this subsection,
an explanation of why the recommendation was not
followed.
``(8) Public notice.--The reviews received by the Secretary
pursuant to paragraph (5) shall be included in the official
record of the final decision on the action and shall be
available for public review as soon as the final decision is
issued.''.
SEC. 4. IMPROVED CONSULTATION.
(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
``(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary--
``(i) shall actively solicit and consider
information from the governor of the State
where the agency action is located; and
``(ii) shall provide an opportunity for the
governor of any State otherwise affected by the
agency action, as determined by the Secretary,
to submit information.''.
(b) Opportunity To Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
``(D) Opportunity to participate in
consultations.--
``(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide to any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation or who holds or is an applicant
for a Federal contract, lease, or other permit
that may be materially affected by an agency
action that is the subject of the
consultation--
``(I) the opportunity, before the
development of a draft biological
opinion, to submit and discuss with the
Secretary and the Federal agency
information relevant to the effect of
the proposed action on the species and
any actions that could serve as
reasonable and prudent measures or
reasonable and prudent alternatives in
the event such measures or alternatives
are necessary to complete the
consultation;
``(II) information, on request,
subject to the exemptions specified in
section 552(b) of title 5, United
States Code, on the status of the
species, threats to the species, and
conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including any
associated statement under subsection
(b)(4); and
``(III) a copy, on request, of the
draft biological opinion, including any
draft statement under subsection
(b)(4), that was provided to the
Federal agency and, before issuance of
the final biological opinion and
statement, the opportunity to submit
comments on the draft biological
opinion and statement and to discuss
with the Secretary and the Federal
agency the basis for any finding in the
draft biological opinion and statement.
``(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
``(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''.
Amend the title so as to read: ``A bill to amend the
Endangered Species Act of 1973 to provide guidance and
direction on the development and use of data under that Act,
and for other purposes.''. | Endangered Species Data Quality Act of 2004 - (Sec. 2) Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, when required to use the best scientific and commercial data available or the best scientific data available in determining that a species is an endangered or threatened species, to: (1) ensure that such data complies with specified guidelines and includes timely field survey data to the extent such data is available; and (2) give greater weight to scientific and commercial data that is empirical or that has been field-tested or peer-reviewed. Directs the Secretary to promulgate regulations that establish criteria for selecting and using such data. Prohibits the Secretary from determining that a species is endangered or threatened unless the determination is supported by timely field data. Requires the Secretary to include in the rule-making record of such a determination data collected by real property owners or persons holding or applying for contracts, leases, or other permits for real property. Requires the Secretary to publish, with notice of a proposed or final regulation, a description of additional scientific and commercial data that would assist in the preparation of a recovery plan.
(Sec. 3) Directs the Secretary to: (1) solicit recommendations from the National Academy of Sciences and the governors of affected States for qualified individuals to serve as independent reviewers for "covered actions" (defined to include proposed listings, delistings, or reclassifications of endangered or protected species, the development of recovery plans, and jeopardy determinations); and (2) appoint from such list three individuals who shall report to the Secretary on the scientific information and analyses on which a covered action is based.
Requires: (1) the Secretary to transmit to the independent reviewers all available scientific and commercial data in the administrative record with regard to an action; and (2) the reviewers to provide the Secretary with their response within three months of such transmission.
Directs the Secretary to: (1) publish notice of the draft determination regarding data on which a final determination will be based and provide an opportunity for public comment following receipt of the reviewers' response; and (2) include in the final determination a summary of each independent review (and, if reviewers' recommendations are rejected, an explanation for that decision).
(Sec. 4) Requires the Secretary, when consulting with a Federal agency to determine whether agency action will jeopardize an endangered or threatened species or destroy the critical habitat of such species, to: (1) actively solicit and consider information provided by governors of States where the agency action is located; (2) provide governors of States otherwise affected by such action with an opportunity to submit information; and (3) allow any person who has sought agency authorization or funding for an action to participate in related consultations and to make related comments or other information publicly available. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed, and for other purposes."} | 3,075 | 610 | 0.610755 | 1.945783 | 0.724814 | 3.027125 | 5.24774 | 0.911392 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Internet Consumer
Information Protection Act''.
(b) Findings.--The Congress finds the following:
(1) Internet technology is evolving and increasingly used
as a medium for interaction between consumers and businesses.
(2) An expanding share of transactions taking place on-line
has lead to greater consumer choice but also public concern
regarding the use of personal information and personal privacy.
(3) Use of data garnered via the Internet must be
regulated, keeping in mind the unique nature of this medium, in
a way which allows consumers to make informed choices and does
not impede normal business activity.
SEC. 2. REGULATION OF USE BY AN INTERACTIVE COMPUTER SERVICE OF A
SUBSCRIBER'S PERSONALLY IDENTIFIABLE INFORMATION.
(a) Privacy Policy.--It is the policy of the Congress that each
interactive computer service has an affirmative and continuing
obligation to respect the privacy of its customers and to protect the
security and confidentiality of those customers' nonpublic personal
information that is shared or encountered in service and transactions
with consumers.
(b) Disclosure of Personally Identifiable Information Without
Consent Prohibited.--
(1) In general.--An interactive computer service shall not
disclose to a third party any personally identifiable
information provided by a subscriber to such service unless--
(A) such service has provided to the subscriber a
notice that complies with paragraph (2);
(B) such service clearly and conspicuously
discloses to the subscriber, in writing or in
electronic form, that such information may be disclosed
to such third parties;
(C) the subsciber is given the opportunity, before
the time that such information is initially disclosed,
to direct that such information not be disclosed to
such third parties; and
(D) the subsciber is given an explanation of how
the subsciber can exercise that nondisclosure option.
(2) Notice.--The notice required by paragraph (1)(A) shall
include the policy and practices of the interactive computer
service with respect to disclosing nonpublic personal
information to third parties.
(3) Exception.--This subsection shall not prohibit an
interactive computer service from providing personally
identifiable information to a third party for the performance
of services or functions of the interactive computer service,
other than for marketing purposes.
(c) Knowing Disclosure of Falsified Personally Identifiable
Information Prohibited.--An interactive computer service or an employee
of such service shall not knowingly disclose to a third party any
personally identifiable information provided by a subscriber to such
service that such service, or such employee, has knowingly falsified.
(d) Subscriber Access to Personally Identifiable Information.--
(1) In general.--At a subscriber's request, an interactive
computer service shall--
(A) provide the subscriber's personally
identifiable information maintained by the service to
the subscriber;
(B) permit the subscriber to verify such
information maintained by the service; and
(C) permit the subscriber to correct any error in
such information.
(2) Fee.--The service shall not charge a fee to the
subscriber for making available the information under this
subsection.
SEC. 3. ENFORCEMENT AND RELIEF.
(a) Federal Trade Commission.--The Federal Trade Commission shall
have the authority--
(1) to establish personal data guidelines that may be
employed by entities to comply with the provisions of this act;
and
(2) to examine and investigate an interactive computer
service to determine whether such service has been or is
engaged in any act or practice prohibited by this Act.
(b) Relief.--
(1) Cease and desist order.--If the Federal Trade
Commission determines an interactive computer service has been
or is engaged in any act or practice prohibited by this Act,
the Commission may issue a cease and desist order as if such
service were in violation of section 5 of the Federal Trade
Commission Act.
(2) Civil action.--A subscriber aggrieved by a violation of
section 2 may in a civil action obtain appropriate relief.
SEC. 4. RIGHTS AND REMEDIES NOT EXCLUSIVE.
The rights and remedies provided by this Act are in addition to,
and not in lieu of, any and all other rights and remedies that may be
available under Federal or State law.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``interactive computer service'' means any
information service that provides computer access to multiple
users via modem to the Internet;
(2) the term ``Internet'' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks;
(3) the term ``personally identifiable information'' has
the meaning given such term in section 631 of the
Communications Act of 1934 (47 U.S.C. 551);
(4) the term ``third party'' means, with respect to the
disclosure of personally identifiable information provided by a
subscriber to an interactive computer service, a person or
other entity other than--
(A) such service;
(B) an employee of such service;
(C) an affiliate of such service; or
(D) that subscriber to such service.
(5) the term ``affiliate'' means any company that controls,
is controlled by, or is under common control with another
company. | Internet Consumer Information Protection Act - Prohibits, with limited exceptions, an interactive computer service from disclosing to a third party any personally identifiable information provided by a subscriber without such subscriber's consent.
Prohibits such service or its employee from knowingly disclosing to a third party any personally identifiable information provided by a subscriber that such service has knowingly falsified.
Requires, at a subscriber's request, such service to: (1) provide the subscriber's personally identifiable information maintained by the service; and (2) permit the subscriber to verify and correct such information. Prohibits the service from charging a fee for such information.
Grants the Federal Trade Commission the authority to: (1) investigate whether a service has been or is engaged in any act or practice prohibited by this Act; and (2) if so, issue a cease and desist order if such service were in violation of specified provisions of the Federal Trade Commission Act.
Allows a subscriber aggrieved by a violation of this Act to obtain appropriate relief in a civil action. | {"src": "billsum_train", "title": "Internet Consumer Information Protection Act"} | 1,176 | 240 | 0.642847 | 1.820811 | 0.874359 | 3.575 | 5.39 | 0.935 |
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