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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nutritional Advertising Coordination
Act of 1993''.
SEC. 2. FEDERAL TRADE COMMISSION RULES REGARDING UNFAIR AND DECEPTIVE
ACTS AND PRACTICES IN CONNECTION WITH FOOD ADVERTISING.
(a) Regulations.--Section 5 of the Federal Trade Commission Act (15
U.S.C. 45) is amended by adding at the end the following:
``(n) The Commission shall prescribe rules to prohibit unfair and
deceptive acts and practices in food advertising. Such rules shall
require that claims in advertising for food--
``(1) characterizing the level of any nutrient in the food
of the type required by section 403(q)(1) or 403(q)(2) of the
Federal Food, Drug, and Cosmetic Act to be in the labeling of
the food, or
``(2) characterizing the relationship of any such nutrient
to a disease or health related condition,
shall be consistent, to the fullest extent feasible, with section
403(r) of the Federal Food, Drug, and Cosmetic Act and with the
regulations of the Secretary of Health and Human Services implementing
such section and the corresponding regulations issued by the Secretary
of Agriculture.''.
(b) Rulemaking.--
(1) Section 18 rule.--A rule issued under section 5(n) of
the Federal Trade Commission Act (added by subsection (a))
shall be treated as a rule issued under section 18(a)(1)(B) of
such Act (15 U.S.C. 57a(a)(1)(B)).
(2) Time and procedure.--
(A) Time period.--The Federal Trade Commission
shall issue proposed rules under section 5(n) of the
Federal Trade Commission Act (as added by subsection
(a)) within 180 days of the date of the enactment of
this Act and shall issue final rules under such section
within 360 days of such enactment.
(B) Procedure.--The Federal Trade Commission shall
issue rules under section 5(n) of the Federal Trade
Commission Act (as added by subsection (a)) in
accordance with section 553 of title 5, United States
Code.
SEC. 3. ACTIONS BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice which
violates any rule of the Federal Trade Commission under section 5(n) of
the Federal Trade Commission Act, the State may bring a civil action on
behalf of its residents in an appropriate district court of the United
States to enjoin such pattern or practice, to enforce compliance with
such rule of the Commission, to obtain damages on behalf of their
residents, or to obtain such further and other relief as the court may
deem appropriate.
(b) Notice.--A State shall serve prior written notice of any civil
action under subsection (a) upon the Federal Trade Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
(c) Venue.--Any civil action brought under subsection (a) in a
district court of the United States may be brought in the district
where the defendant transacts business or where the violation occurred.
(d) Investigatory Powers.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall prevent the
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations, including
administering oaths or affirmations, compeling the attendance of
witnesses, or the production of documentary and other evidence.
(e) Limitation.--Whenever the Federal Trade Commission has
instituted a civil action for violation of any rule under section 5(n)
of the Federal Trade Commission Act, no State may, during the pendency
of such action instituted by the Commission, subsequently institute a
civil action against any defendant named in the Commission's complaint
for violation of any such rule as alleged in the Commission's
complaint.
(f) Actions by Other State or Local Officials.--
(1) In general.--Nothing contained in this section shall
prohibit an official authorized by a State or locality from
proceeding in a court of a State or locality on the basis of an
alleged violation of any general civil or criminal statute of
such State or locality.
(2) Other officials.--In addition to actions brought by an
attorney general of a State under subsection (a), such an
action may be brought by other officials authorized by a State
or locality to bring actions in such State for protection of
consumers and who are designated by the Commission to bring an
action under subsection (a) against persons that the Commission
has determined have or are engaged in a pattern or practice
which violates a rule of the Commission under section 2(a).
(h) Definitions.--For purposes of this section:
(1) The term ``attorney general'' means the chief legal
officer of a State.
(2) The term ``State'' means any State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, and any territory or possession of the United
States.
(3) The term ``locality'' means any political subdivision
of a State as defined in paragraph (2). | Nutritional Advertising Coordination Act of 1993 - Amends the Federal Trade Commission Act to direct such Commission to prescribe rules prohibiting unfair and deceptive acts and practices in food advertising. Requires such rules to require that claims in advertising for food characterizing the level of any nutrient in food or the relationship of any such nutrient to a disease be consistent with specified provisions of the Federal Food, Drug, and Cosmetic Act concerning misbranded food. Authorizes a State to bring a civil action when it believes that such rules have been violated. | {"src": "billsum_train", "title": "Nutritional Advertising Coordination Act of 1993"} | 1,267 | 121 | 0.551864 | 1.40829 | 0.62172 | 3.79798 | 11.505051 | 0.848485 |
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 235 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 235
To provide personal jurisdiction in causes of action against
contractors of the United States performing contracts abroad with
respect to members of the Armed Forces, civilian employees of the
United States, and United States citizen employees of companies
performing work for the United States in connection with contractor
activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2011
Mrs. McCaskill (for herself, Mr. Whitehouse, Ms. Collins, Mr. Casey,
and Mr. Nelson of Florida) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To provide personal jurisdiction in causes of action against
contractors of the United States performing contracts abroad with
respect to members of the Armed Forces, civilian employees of the
United States, and United States citizen employees of companies
performing work for the United States in connection with contractor
activities, and for other purposes.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lieutenant Colonel Dominic `Rocky'
Baragona Justice for American Heroes Harmed by Contractors Act''.
SEC. 2. DEBARMENT OR SUSPENSION OF UNITED STATES GOVERNMENT CONTRACTORS
FOR EVASION OF PROCESS OR FAILURE TO APPEAR IN ACTIONS IN
CONNECTION WITH GOVERNMENT CONTRACTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Acquisition Regulatory Council
established under section 1302(a) of title 41, United States Code,
shall amend the Federal Acquisition Regulation to provide that a
contractor with the United States may be debarred or suspended from
contracting with the United States if--
(1) the contractor evades service of process in any civil
action or criminal prosecution brought against the contractor
by the United States or a citizen or national of the United
States in connection with an obligation under the terms of the
contract; or
(2) the contractor refuses or fails to appear before a
Federal court in a matter brought against the contractor by the
United States or a citizen or national of the United States in
connection with an obligation under the terms of the contract.
(b) Applicability.--The amendments to the Federal Acquisition
Regulation made under subsection (a) shall apply to any action of a
contractor that occurs on or after the effective date of the
amendments.
(c) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of a contractor to assert any settled
right under the Constitution of the United States.
SEC. 3. PERSONAL JURISDICTION IN COVERED CIVIL ACTIONS BY MEMBERS OF
THE ARMED FORCES, CIVILIAN EMPLOYEES OF THE UNITED
STATES, AND UNITED STATES CITIZEN EMPLOYEES OF COMPANIES
PERFORMING WORK FOR THE UNITED STATES AGAINST ENTITIES
UNDER UNITED STATES GOVERNMENT CONTRACTS PERFORMED
ABROAD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Acquisition Regulatory Council
established under section 1302(a) of title 41, United States Code,
shall amend the Federal Acquisition Regulation to require that any
covered contract--
(1) requires that the contractor consent to personal
jurisdiction over the contractor in accordance with paragraphs
(3) through (5) with respect to any covered civil action,
including a covered civil action against 1 or more employees of
the contractor for which the contractor may be liable under
theories of vicarious liability;
(2) specifies that consent to personal jurisdiction under
paragraph (1) shall not operate to deprive or terminate
personal jurisdiction of the contractor in any court that
otherwise has personal jurisdiction under another provision of
law;
(3) requires the contractor to consent to personal
jurisdiction in the United States District Court for the
District of Columbia for a covered civil action in which--
(A) the events giving rise to the cause of action
occurred outside the United States; and
(B) personal jurisdiction cannot be established in
another Federal court; and
(4) if the covered contract was awarded to a contractor
that does not maintain an office in the United States, requires
that the contractor designate an agent located in the United
States for service of process in any covered civil action; and
(5) requires that--
(A) except as provided in subparagraph (B), any
covered civil action shall be analyzed in accordance
with the laws of the United States; and
(B) the substantive law of the State (including the
District of Columbia) in which the covered civil action
is brought shall be the law applicable to a covered
civil action if--
(i) the substantive law otherwise
applicable to the covered civil action would be
the law of the location where the events giving
rise to the cause action occurred; and
(ii) the location is designated as a
hazardous duty zone by the Secretary of
Defense.
(b) Applicability.--The amendments to the Federal Acquisition
Regulation made under subsection (a) shall apply with respect to any
covered contract that is entered into on or after the effective date of
the amendments under subsection (a).
SEC. 4. PERSONAL JURISDICTION FOR ACTIONS BROUGHT BY THE UNITED STATES
GOVERNMENT ALLEGING WRONGDOING UNDER UNITED STATES
GOVERNMENT CONTRACTS PERFORMED ABROAD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Acquisition Regulatory Council
established under section 1302(a) of title 41, United States Code,
shall amend the Federal Acquisition Regulation to require that any
covered contract--
(1) requires that the contractor consent to personal
jurisdiction over the contractor by the Federal courts with
respect to any action brought by the United States alleging
wrongdoing associated with the performance of the covered
contract;
(2) specifies that consent to personal jurisdiction under
paragraph (1) shall not operate to deprive or terminate
personal jurisdiction of the contractor in any other court that
has personal jurisdiction under another provision of law;
(3) requires the contractor to consent to personal
jurisdiction in the United States District Court for the
District of Columbia for any action described in paragraph (1)
in which--
(A) the events giving rise to the cause of action
occurred outside the United States; and
(B) personal jurisdiction cannot be established in
another Federal court; and
(4) if the covered contract was awarded to a contractor
that does not maintain an office in the United States, requires
that the contractor designate an agent located in the United
States for service of process in any action described in
paragraph (1).
(b) Applicability.--The amendments to the Federal Acquisition
Regulation made under subsection (a) shall apply with respect to any
covered contract that is entered into on or after the effective date of
the amendments under subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed to limit any other jurisdictional basis for a civil action
against or criminal prosecution of a contractor.
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act shall be construed to limit any cause of action
or remedy under any other provision of law.
SEC. 6. DEFINITIONS.
In this Act:
(1) Contractor.--The term ``contractor'', with respect to a
contract, includes the contractor under the contract, any
subcontractor under the contract, any subordinate contractor
under the contract, any subsidiary, parent company, or
successor entity of the contractor formed to act as a successor
in interest of the contractor, and any employee thereof
performing work under or in connection with the contract.
(2) Covered civil action.--The term ``covered civil
action'' means a civil action alleging a rape or sexual assault
of or serious bodily injury to a member of the Armed Forces of
the United States, civilian employee of the United States, or
employee of a company performing work arising out of the
performance of the covered contract for the United States who
is a citizen or national of the United States.
(3) Covered contract.--The term ``covered contract''--
(A) means a contract--
(i) for work to be performed outside the
United States that is awarded or entered into
by the United States (including any executive
department, independent establishment, or
agency thereof); and
(ii) with a value of not less than
$5,000,000; and
(B) includes any subcontract or subordinate
contract under a contract described in subparagraph
(A).
(4) Rape.--The term ``rape'' means conduct that would
violate section 920(a) of title 10, United States Code (article
120(a) of the Uniform Code of Military Justice), if the conduct
was committed by a person subject to chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice).
(5) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section 1365 of
title 18, United States Code.
(6) Sexual assault.--The term ``sexual assault'' means
conduct that would violate section 920(c), (h), or (m) of title
10, United States Code (article 120(c), (h), or (m) of the
Uniform Code of Military Justice), if the conduct was committed
by a person subject to chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).
(7) United states.--The term ``United States'', in a
geographic sense--
(A) means the several States and the District of
Columbia; and
(B) does not include any military installation or
facility located outside the area described in
subparagraph (A). | Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to: (1) permit the debarment or suspension of U.S. government contractors for evading service of process in civil or criminal proceedings brought against them by a U.S. citizen or national in connection with a contract obligation, or for failing to appear in federal court in such proceedings; and (2) require such contractors performing federal contracts of $5 million or more outside the United States to consent to personal jurisdiction over them by the federal courts in any future action brought by the United States alleging wrongdoing associated with contract performance and in any future civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces, a federal civilian employee, or an employee of a company performing work for the United States who is a U.S. citizen or national. | {"src": "billsum_train", "title": "A bill to provide personal jurisdiction in causes of action against contractors of the United States performing contracts abroad with respect to members of the Armed Forces, civilian employees of the United States, and United States citizen employees of companies performing work for the United States in connection with contractor activities, and for other purposes."} | 2,222 | 216 | 0.5736 | 1.869246 | 0.903539 | 3.888268 | 11.916201 | 0.905028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Regulatory Review Act
of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) a vibrant and growing small business sector is critical
to creating jobs in a dynamic economy;
(2) uniform Federal regulatory and reporting requirements
in many instances have imposed on small business concerns and
other small entities unnecessary and disproportionately
burdensome demands, including legal, accounting, and consulting
costs;
(3) since 1980, under chapter 6 of title 5, United States
Code (commonly known as the ``Regulatory Flexibility Act''),
Federal agencies have been required to recognize and take
account of the differences in the scale and resources of
regulated entities, but have failed to do so;
(4) a recent report prepared for the Office of Advocacy of
the Small Business Administration found that in 2004, the per-
employee cost of Federal regulations for firms with fewer than
20 employees was $7,647, 44.8 percent more than the $5,282 per-
employee cost faced by businesses with 500 or more workers;
(5) Federal agencies have failed to analyze and uncover
less costly alternative regulatory approaches, despite the fact
that the Regulatory Flexibility Act requires them to do so; and
(6) the regulatory playing field for small business
concerns should be leveled, making it easier for them to comply
with complex regulations.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Board'' means the Public Company Accounting
Oversight Board established under section 101 of the Sarbanes-
Oxley Act of 2002 (15 U.S.C. 7211);
(2) the term ``Commission'' means the Securities and
Exchange Commission; and
(3) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 4. REGULATORY FLEXIBILITY ANALYSIS REQUIRED.
Notwithstanding any other provision of law, before the Commission
approves any final rule of the Board in accordance with section 107(b)
of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7217(b)), the Commission
shall conduct and complete an analysis of such rule in accordance with
section 604 of title 5, United States Code.
SEC. 5. SMALL BUSINESS COMPLIANCE GUIDE REQUIRED.
The Commission shall publish the small business compliance guide,
as required by section 212 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) on the same date as the date
of publication of the final rule (or as soon as possible after that
date) issued to carry out section 404 of the Sarbanes-Oxley Act of 2002
(15 U.S.C. 7262).
SEC. 6. STUDY AND REPORT ON EFFECTS ON SMALL BUSINESS CONCERNS.
(a) Assessment of Effects on Small Business.--
(1) In general.--Two years after the date on which final
rules are published by the Board to carry out section 404 of
the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262), the
Comptroller General of the United States shall conduct an
assessment of the impact on small business concerns of such
rules and prepare a report on such assessment.
(2) Content.--The assessment and report required by this
section shall--
(A) quantify how both the regulatory requirements
of the Commission and the auditing requirements of the
Board are affecting small business concerns;
(B) be modeled on the investigation of the Advisory
Committee on Smaller Public Companies of the Commission
into the regulatory burdens posed by the rules of the
Commission;
(C) include an assessment of the costs and time
commitments imposed on small business concerns by the
requirements of the Commission and the Board, and an
estimate of whether or not such costs of compliance are
expected to decrease or increase in the future;
(D) document how the Commission and the Board
worked together, since issuing the final compliance
guide described in section 5, to help small business
concerns comply with their regulatory requirements; and
(E) include recommendations and regulatory
alternatives on how to simplify or improve the process
of compliance with Commission and Board requirements
for small business concerns.
(b) Availability of Report.--Upon completion of the report required
by this section, such report shall be--
(1) submitted to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Small Business
of the House of Representatives, and the Small Business
Administration; and
(2) made available to the public. | Small Business Regulatory Review Act of 2007 - Requires the Securities and Exchange Commission (SEC), before approving any final rule of the Public Company Accounting Oversight Board (established under the Sarbanes-Oxley Act of 2002), to conduct and complete a regulatory flexibility analysis of such rule.
Requires the SEC to publish the small business compliance guide (as required under the Small Business Regulatory Enforcement Fairness Act of 1996) on the same date as the publication of the final rule issued to carry out a provision of the Sarbanes-Oxley Act concerning management of internal controls for financial reporting.
Directs the Comptroller General to conduct an assessment of the impact on small businesses of such rules. | {"src": "billsum_train", "title": "A bill to require assessment of the impact on small business concerns of rules relating to internal controls, and for other purposes."} | 998 | 158 | 0.535895 | 1.520233 | 0.796531 | 3.438462 | 7.130769 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Museum of Industrial
History Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The economic and societal transition of the United
States from an agricultural to an industrial age and its
ongoing transformation to a post-industrial society reflect and
embody the fundamental spirit and ideals of the United States.
(2) It is crucial that people of the United States have the
opportunity to learn the history of the industrialization of
the United States and the impact of industrialization on our
way of life.
(3) It is important to preserve the history of
industrialization of the United States for future generations.
(4) To ensure the protection, interpretation and awareness
of the history of the industrialization of the United Sates,
key structures and artifacts related to the process of
industrialization must be preserved and exhibited in an
educational museum.
(5) The site of the former Bethlehem Steel Plant, which is
the proposed site of the National Museum of Industrial History,
has a particular relevance to the preservation and awareness of
the history of industrialization.
(6) On this site--
(A) the Bethlehem Steel Plant had its beginnings in
the 1850s;
(B) in 1853, the first commercial zinc production
began;
(C) Frederick W. Taylor conducted his time and
motion studies that became the basis for his principles
of modern scientific management;
(D) the modern American defense industry was born
on June 1, 1887, when the Navy awarded the first armor
plate contract to the Bethlehem Iron Company;
(E) the steel plant produced armor plate for the
battleships U.S.S. Maine and U.S.S. Texas, and for
other battleships including the U.S.S. Wisconsin;
(F) high-speed tool steel was perfected; and
(G) in 1908 the 48 Grey Mill became the first
rolling mill in the United States to produce large
wide-flange steel beams.
(7) The site contains the oldest significant remains of
bessemer steel production in the United States.
(b) Purpose.--The purpose of this Act is to assist in the
establishment of an interpretive center and museum in Bethlehem,
Pennsylvania--
(1) to ensure the protection of historical resources
related to industrialization; and
(2) to interpret the impact of industrialization on the
history of the United States.
SEC. 3. INDUSTRIAL HISTORY INTERPRETIVE CENTER AND MUSEUM.
(a) Assistance.--Not later than 180 days after the date on which
funds are first made available to carry out this section and subject to
appropriations, the Secretary of the Interior shall seek to enter into
an agreement with an appropriate entity to provide Federal financial
assistance for the development and operation of an interpretive center
and museum to be located on the western end and central core of the
former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania.
(b) Purpose of Interpretive Center and Museum.--The purpose of the
interpretive center and museum under subsection (a) is--
(1) to preserve, display, and interpret historical
resources related to industrialization in the United States;
and
(2) to promote other historical and cultural resources in
the region through activities conducted at the interpretive
center and museum.
(c) Terms of Assistance.--
(1) Limitations on use of financial assistance.--
(A) Covered expenses.--Financial assistance
provided under this section may only be used for the
following activities for the interpretive center and
museum under subsection (a):
(i) Facilities construction.
(ii) Acquisition of contemporary technology
to be used primarily to enhance the
presentation of historical information at the
interpretive center and museum.
(iii) Program development and
implementation, including--
(I) educational program development
and implementation;
(II) curriculum design and
development;
(III) other activities directly
related to providing programs of the
interpretive center and museum; and
(IV) staff salaries for the
activities authorized under this
clause.
(B) Prohibited expenses.--Financial assistance
provided under this section may not be used for--
(i) the acquisition of items for the
museum's collection;
(ii) administrative expenses;
(iii) the acquisition of technology
primarily used for administrative purposes; or
(iv) staff salaries for administrative
activities, expect as provided in subparagraph
(A)(iii)(IV).
(2) Matching requirement.--The Secretary shall require the
other parties to the agreement under subsection (a) to provide
an amount of funds from non-Federal sources for the purpose
described in subsection (b) that is at least equal to the
amount provided by the Secretary under this section.
(3) Amount of assistance; payment schedule.--The total
amount of assistance provided under the subsection shall not
exceed $25,000,000. The Secretary shall make payments of
financial assistance under this subsection on an annual basis.
The first payment shall be made before the end of the 30-day
period beginning on the date the agreement under subsection (a)
is entered into by the Secretary and the appropriate entity. A
total of five payments shall be made under this section.
(d) Report.--
(1) In general.--The Secretary shall submit annual reports
to the Congress during the 5-year period beginning on the date
funds are first made available to carry out this section.
(2) Contents.--Each report shall describe--
(A) the current status of the development of the
interpretive center and museum;
(B) the projects and activities funded under this
section; and
(C) the balance of unexpended appropriated funds
available to carry out this section.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $25,000,000 to carry out this section.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended. | National Museum of Industrial History Act - Directs the Secretary of the Interior to seek to enter into an agreement with an appropriate entity to provide federal assistance for the development and operation of an interpretive center and museum on the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania, to preserve, display, and interpret historical resources related to industrialization in the United States and to promote other historical and cultural resources in the region through activities conducted at the interpretive center and museum.
Sets forth covered and prohibited uses of such financial assistance, including prohibiting the use of assistance for the acquisition of items for the museum's collection.
Provides for a non-federal match from the other parties to the agreement.
Requires the Secretary to submit annual reports to Congress which describe: (1) the current status of the development of the interpretive center and museum; (2) the projects and activities funded; and (3) the balance of unexpended appropriated funds available to carry out this Act. | {"src": "billsum_train", "title": "To assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania, to protect and interpret the history of the industrialization of the United States."} | 1,280 | 203 | 0.487792 | 1.609179 | 1.000187 | 4.962766 | 6.446809 | 0.941489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Incentive Act''.
SEC. 2. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF
TAX CREDITS.
(a) In General.--Subsection (a) of section 1603 of division B of
the American Recovery and Reinvestment Act of 2009 is amended--
(1) in paragraph (1), by striking ``2009 or 2010'' and
inserting ``2009, 2010, 2011, or 2012'', and
(2) in paragraph (2)--
(A) by striking ``after 2010'' and inserting
``after 2012'', and
(B) by striking ``2009 or 2010'' and inserting
``2009, 2010, 2011, or 2012''.
(b) Conforming Amendment.--Subsection (j) of section 1603 of
division B of such Act is amended by striking ``2011'' and inserting
``2013''.
SEC. 3. EXPANSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF
TAX CREDITS.
(a) Grants Allowed for Certain Governmental Units and Cooperative
Electric Companies.--
(1) In general.--Subsection (g) of section 1603 of division
B of the American Recovery and Reinvestment Act of 2009 is
amended--
(A) in paragraph (1), by inserting ``other than a
governmental unit which is a State utility with a
service obligation (as such terms are defined in
section 217 of the Federal Power Act, as in effect on
the date of the enactment of this paragraph),'' after
``thereof),'',
(B) in paragraph (2), by inserting ``other than a
mutual or cooperative electric company described in
section 50(c)(12) of such Code'' after ``such Code'',
and
(C) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(2) Conforming amendment.--Paragraph (3) of section 1603(g)
of division B of such Act, as redesignated by paragraph (1)(C),
is amended by striking ``paragraph (1), (2), or (3)'' and
inserting ``paragraph (1) or (2)''.
(b) No Grants for Portion of Property Financed With CREBs or Tax-
Exempt Bonds.--Section 1603 of division B of such Act, as amended by
section 2, is amended by redesignating subsections (h), (i), and (j) as
subsections (i), (j), and (k), respectively, and by inserting after
subsection (g) the following new subsection:
``(h) Special Rule for Bond Financed Property.--The amount of any
grant under this section with respect to any specified energy property
shall not exceed an amount equal to--
``(1) the basis of such property, over
``(2) the portion of the basis of such property which is
allocable to proceeds of any bond which is designated as a new
clean renewable energy bond under section 54C of such Code or
any bond the interest on which is exempt from tax under section
103 of such Code.''.
(c) Treatment of Grants for Cooperative Electric Companies.--
Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following new subparagraph:
``(I) In the case of a mutual or cooperative
electric company described in this paragraph or an
organization described in section 1381(a)(2)(C),
subparagraph (A) shall be applied without taking into
account any grant received under section 1603 of
division B of the American Recovery and Reinvestment
Act of 2009.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 4. CREDIT FOR QUALIFIED SOLAR MANUFACTURING PROJECT PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (vi), by inserting ``or'' at the end of clause (vii), and by
inserting after clause (vii) the following new clause:
``(viii) qualified solar manufacturing
project property,''.
(b) Credit Percentage.--Subclause (II) of section 48(a)(2)(A)(i) of
such Code is amended by striking ``paragraph (3)(A)(i)'' and inserting
``clause (i) or (viii) of paragraph (3)(A)''.
(c) Qualified Solar Manufacturing Property.--Section 48(c) of such
Code is amended by adding at the end the following new paragraph:
``(5) Qualified solar manufacturing project property.--The
term `qualified solar manufacturing project property' means any
tangible personal property (not including a building or its
structural components) purchased to re-equip, expand, or
establish a manufacturing facility for the production of
property described in subsection (a)(3)(A)(i), but only if such
property is used as an integral part of the production process.
Such term shall not include any property if such property has
been certified for a credit under section 48C.''.
(d) Property Eligible for Grant.--Subsection (d) of section 1603 of
division B of the American Recovery and Reinvestment Act of 2009 is
amended by inserting after paragraph (8) the following new paragraph:
``(9) Qualified solar manufacturing project property.--Any
qualified solar manufacturing project property (as defined in
section 48(c)(5) of such Code).''.
(e) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall apply to periods after the date of the
enactment of this Act, under rules similar to the rules of
section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).
(2) Grants.--The amendment made by subsection (d) shall
apply to property placed in service after the date of the
enactment of this Act.
SEC. 5. CREDIT FOR HIGH SOLARITY DISTURBED PRIVATE LAND CONSOLIDATION.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. HIGH SOLARITY DISTURBED PRIVATE LAND CONSOLIDATION CREDIT.
``(a) In General.--For purposes of section 38, the high solarity
disturbed private land consolidation credit for any taxable year is an
amount equal to 30 percent of any amounts paid during the taxable year
to purchase more than 2 sections of contiguous high solarity disturbed
private land for the purpose of consolidating the lands into a
contiguous block suitable for the production of solar energy for use in
a trade or business.
``(b) High Solarity Disturbed Private Land.--The term `high
solarity disturbed private land' means real property which--
``(1) is located in the United States,
``(2) was acquired in units that averaged less than 100
contiguous acres from any private person,
``(3) is in a location identified on the July 2007
Concentrating Solar Power Resources Maps published by the
National Renewable Energy Laboratory as--
``(A) having a solar resource of 7 kwh per square
meter per year or higher, at 3 percent or less grade,
and
``(B) outside of a sensitive environmental or urban
area,
``(4) was previously disturbed either by residential or
retail development, agriculture, industrial use, mining, or
other mechanical disturbance, and
``(5) will be primarily used for generating solar
electricity from property which is described in section
48(a)(3)(A)(i) within 5 years of the date of purchase.
``(c) Reduction in Basis.--If a credit is determined under this
section with respect to any property by reason of expenditures
described in subsection (a), the basis of such property shall be
reduced by the amount of the credit so determined.
``(d) Property Used by Tax-Exempt Persons.--For purposes of this
section, rules similar to the rules of paragraphs (3) and (4) of
section 50(b) shall apply.
``(e) Recapture in Case of Disposition.--The Secretary shall
provide for the recapture of the amount of any credit allowed under
this section if the property is not used for the production of solar
energy in a trade or business within 5 years of the date of
purchase.''.
(b) Credit Allowed as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the high solarity disturbed private land
consolidation credit determined under section 45S(a).''.
(c) Basis Adjustment.--Section 1016(a) of such Code is amended by
striking ``and'' at the end of paragraph (36), by striking the period
at the end of paragraph (37) and inserting ``, and'', and by adding at
the end the following:
``(38) in the case of a facility with respect to which a
credit was allowed under section 45S, to the extent provided in
section 45S(c).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45S. High solarity disturbed
private land consolidation
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 6. ENERGY CREDIT ALLOWED FOR WATER HEATERS IN POOLS LOCATED ON
COMMERCIAL PROPERTY.
(a) In General.--Section 48(a)(3)(A)(i) of the Internal Revenue
Code of 1986 is amended by inserting ``located at a single family
residence'' after ``swimming pool''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act. | Renewable Energy Incentive Act - Amends the American Recovery and Reinvestment Act of 2009 to: (1) extend the grant program for investment in renewable energy property, including renewable resources used to produce electricity, and fuel cell, solar, wind, geothermal, and microturbine property, in lieu of tax credits, by extending the placed-in-service deadline for such property through 2012; and (2) expand eligibility for such grants to certain state power utilities and tax-exempt mutual or cooperative electric companies.
Amends the Internal Revenue Code to: (1) allow an energy tax credit for investment in qualified solar manufacturing project property; (2) allow a tax credit for the purchase, consolidation, and use of contiguous high solarity disturbed private land to produce solar energy for use in a trade or business; and (3) limit the energy tax credit for solar energy equipment used to generate electricity or heat or cool a structure, as applied to swimming pools, to exclude those located at single-family residences. Defines "qualified solar manufacturing project property" as any tangible personal property purchased to re-equip, expand, or establish a manufacturing facility for producing solar energy equipment to generate electricity. | {"src": "billsum_train", "title": "To amend the American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986 to provide incentives for the development of solar energy."} | 2,438 | 248 | 0.514241 | 1.479374 | 0.719555 | 2.380952 | 9.147186 | 0.831169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Donation Improvement Act of
2001''.
SEC. 2. SENSE OF CONGRESS.
(a) Public Awareness of Need for Organ Donation.--It is the sense
of the Congress that the Federal Government should carry out programs
to educate the public with respect to organ donation, including the
need to provide for an adequate rate of such donations.
(b) Family Discussions of Organ Donations.--The Congress recognizes
the importance of families pledging to each other to share their lives
as organ and tissue donors and acknowledges the importance of
discussing organ and tissue donation as a family.
(c) Living Donations of Organs.--The Congress--
(1) recognizes the generous contribution made by each
living individual who has donated an organ to save a life; and
(2) acknowledges the advances in medical technology that
have enabled organ transplantation with organs donated by
living individuals to become a viable treatment option for an
increasing number of patients.
SEC. 3. PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD
LIVING ORGAN DONATION.
Section 377 of the Public Health Service Act (42 U.S.C. 274f) is
amended to read as follows:
``payment of travel and subsistence expenses incurred toward living
organ donation
``Sec. 377. (a) In General.--The Secretary may make awards of
grants or contracts to States, transplant centers, qualified organ
procurement organizations under section 371, or other public or private
entities for the purpose of--
``(1) providing for the payment of travel and subsistence
expenses incurred by individuals toward making living donations
of their organs (in this section referred as `donating
individuals'); and
``(2) in addition, providing for the payment of such
incidental nonmedical expenses that are so incurred as the
Secretary determines by regulation to be appropriate.
``(b) Eligibility.--
``(1) In general.--Payments under subsection (a) may be
made for the qualifying expenses of a donating individual only
if--
``(A) the State in which the donating individual
resides is a different State than the State in which
the intended recipient of the organ resides; and
``(B) the annual income of the intended recipient
of the organ does not exceed $35,000 (as adjusted for
fiscal year 2002 and subsequent fiscal years to offset
the effects of inflation occurring after the beginning
of fiscal year 2001).
``(2) Certain circumstances.--Subject to paragraph (1), the
Secretary may in carrying out subsection (a) provide as
follows:
``(A) The Secretary may consider the term `donating
individuals' as including individuals who in good faith
incur qualifying expenses toward the intended donation
of an organ but with respect to whom, for such reasons
as the Secretary determines to be appropriate, no
donation of the organ occurs.
``(B) The Secretary may consider the term
`qualifying expenses' as including the expenses of
having one or more family members of donating
individuals accompany the donating individuals for
purposes of subsection (a) (subject to making payment
for only such types of expenses as are paid for
donating individuals).
``(c) Limitation on Amount of Payment.--
``(1) In general.--With respect to the geographic area to
which a donating individual travels for purposes of subsection
(a), if such area is other than the covered vicinity for the
intended recipient of the organ, the amount of qualifying
expenses for which payments under such subsection are made may
not exceed the amount of such expenses for which payment would
have been made if such area had been the covered vicinity for
the intended recipient, taking into account the costs of travel
and regional differences in the costs of living.
``(2) Covered vicinity.--For purposes of this section, the
term `covered vicinity', with respect to an intended recipient
of an organ from a donating individual, means the vicinity of
the nearest transplant center to the residence of the intended
recipient that regularly performs transplants of that type of
organ.
``(d) Relationship to Payments Under Other Programs.--An award may
be made under subsection (a) only if the applicant involved agrees that
the award will not be expended to pay the qualifying expenses of a
donating individual to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such expenses--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program; or
``(2) by an entity that provides health services on a
prepaid basis.
``(e) Definitions.--For purposes of this section:
``(1) The term `covered vicinity' has the meaning given
such term in subsection (c)(2).
``(2) The term `donating individuals' has the meaning
indicated for such term in subsection (a)(1), subject to
subsection (b)(2)(A).
``(3) The term `qualifying expenses' means the expenses
authorized for purposes of subsection (a), subject to
subsection (b)(2)(B).
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 2002 through 2006.''.
SEC. 4. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377 the following
section:
``public awareness; studies and demonstrations
``Sec. 377A. (a) Public Awareness.--The Secretary shall (directly
or through grants or contracts) carry out a program to educate the
public with respect to organ donation, including the need to provide
for an adequate rate of such donations.
``(b) Studies and Demonstrations.--The Secretary may make grants to
public and nonprofit private entities for the purpose of carrying out
studies and demonstration projects with respect to providing for an
adequate rate of organ donation.
``(c) Grants to States.--The Secretary may make grants to States
for the purpose of assisting States in carrying out organ donor
awareness, public education and outreach activities and programs
designed to increase the number of organ donors within the State,
including living donors. To be eligible, each State shall--
``(1) submit an application to the Department in the form
prescribed;
``(2) establish yearly benchmarks for improvement in organ
donation rates in the State;
``(3) develop, enhance or expand a State donor registry,
which shall be available to hospitals, organ procurement
organizations, and other States upon a search request; and
``(4) report to the Secretary on an annual basis a
description and assessment of the State's use of these grant
funds, accompanied by an assessment of initiatives for
potential replication in other States.
Funds may be used by the State or in partnership with other public
agencies or private sector institutions for education and awareness
efforts, information dissemination, activities pertaining to the State
organ donor registry, and other innovative donation specific
initiatives, including living donation.
``(d) Annual Report to Congress.--The Secretary shall annually
submit to the Congress a report on the activities carried out under
this section, including provisions describing the extent to which the
activities have affected the rate of organ donation.
``(e) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $15,000,000
for fiscal year 2002, and such sums as may be necessary for
each of the fiscal years 2003 through 2006. Such authorization
of appropriations is in addition to any other authorizations of
appropriations that is available for such purpose.
``(2) Studies and demonstrations.--Of the amounts
appropriated under paragraph (1) for a fiscal year, the
Secretary may not obligate more than $2,000,000 for carrying
out subsection (b).''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act take effect on the date of the
enactment of this Act.
Passed the House of Representatives March 7, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Organ Donation Improvement Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public or private entities for the purpose of providing payment for: (1) travel and subsistence expenses incurred by individuals toward living donations of their organs; and (2) such incidental nonmedical expenses that are so incurred as the Secretary determines to be appropriate.Sets forth payment eligibility criteria and limitations, including that payments may be made for the qualifying expenses of a donating individual only if: (1) the State in which the donating individual resides is a different State than the State in which the intended recipient of the organ resides; and (2) the annual income of the intended recipient of the organ does not exceed $35,000.Directs the Secretary to (directly or through grants or contracts) carry out a program to educate the public with respect to organ donation, including the need to provide for an adequate rate of such donations.Authorizes the Secretary to make grants to public and nonprofit private entities for the purpose of carrying out studies and demonstration projects with respect to providing for an adequate rate of organ donation.Authorizes the Secretary to make grants to States for the purpose of assisting States in carrying out organ donor awareness, public education and outreach activities and programs designed to increase the number of organ donors within a State, including living donors.Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to promote organ donation."} | 1,806 | 310 | 0.739589 | 1.938342 | 0.922173 | 6.632143 | 6.096429 | 0.953571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Election Integrity Act of
2012''.
SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement To Provide Photo Identification as Condition of
Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002
(42 U.S.C. 15483(b)) is amended--
(1) in the heading, by striking ``for Voters Who Register
by Mail'' and inserting ``for Providing Photo Identification'';
and
(2) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Individuals voting in person.--
``(A) Requirement to provide identification.--
Notwithstanding any other provision of law and except
as provided in subparagraph (B), the appropriate State
or local election official shall not provide a ballot
for an election for Federal office to an individual who
desires to vote in person unless--
``(i) the individual presents to the
official a government-issued, current, and
valid photo identification of the individual;
and
``(ii) the election official verifies that
the photo identification presented is of the
individual who requests the ballot.
``(B) Availability of provisional ballot.--If an
individual does not present the identification required
under subparagraph (A), the individual shall be
permitted to cast a provisional ballot with respect to
the election under section 302(a), except that the
appropriate State or local election official shall not
make a determination under section 302(a)(4) that the
individual is eligible under State law to vote in the
election unless, not later than 48 hours after casting
the provisional ballot--
``(i) the individual presents the
identification required under subparagraph (A)
to the official; and
``(ii) the election official verifies that
the photo identification presented is of the
individual who cast the provisional ballot.
``(2) Individuals voting other than in person.--
``(A) In general.--Notwithstanding any other
provision of law and except as provided in subparagraph
(B), the appropriate State or local election official
shall not accept any ballot for an election for Federal
office provided by an individual who votes other than
in person unless--
``(i) the individual submits with the
ballot a copy of a government-issued, current,
and valid photo identification of the
individual; and
``(ii) the election official verifies that
the photo identification presented is of the
individual who provides the ballot.
``(B) In person requests for ballots to vote other
than in person.--Notwithstanding any other provision of
law and except as provided in subparagraph (B), the
appropriate State or local election official shall not
provide a ballot for voting other than in person to an
individual who makes a request for such a ballot in
person unless--
``(i) the individual presents to the
official a government-issued, current, and
valid photo identification of the individual;
and
``(ii) the election official verifies that
the photo identification presented is of the
individual who requests the ballot.
``(C) Exception for overseas military voters.--
Subparagraphs (A) and (B) do not apply with respect to
an absent uniformed services voter who, by reason of
active duty or service, is absent from the United
States on the date of the election involved. In this
subparagraph, the term `absent uniformed services
voter' has the meaning given such term in section
107(1) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-6(1)), other than an
individual described in section 107(1)(C) of such Act.
``(3) Specific requirements for identifications.--For
purposes of paragraphs (1) and (2), an identification is
`government-issued' with respect to an individual if it is
issued by the Federal Government or by the government of the
State in which the individual seeks to cast a ballot. Nothing
in this subsection shall be construed to prohibit the Federal
Government or a State from requiring an individual who requests
a photo identification to present such information as may be
necessary to ensure that the individual is the individual for
whom the identification is sought, or from imposing any other
requirements deemed necessary to ensure the integrity or
accuracy of any such photo identifications.''.
(b) Conforming Amendments.--Section 303 of such Act (42 U.S.C.
15483) is amended--
(1) in the heading, by striking ``for voters who register
by mail'' and inserting ``for providing photo identification'';
and
(2) in subsection (c), by striking ``subsections
(a)(5)(A)(I)(II) and (b)(3)(B)(I)(II)'' and inserting
``subsection (a)(5)(A)(I)(II)''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 303 to read as
follows:
``Sec. 303. Computerized statewide voter registration list requirements
and requirements for providing photo
identification.''.
(d) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall apply with respect to elections for Federal
office held on or after January 1, 2014.
(2) Conforming amendment.--Section 303(d)(2) of such Act
(42 U.S.C. 15483(d)(2)) is amended to read as follows:
``(2) Requirement to provide photo identification.--
Paragraphs (1) and (2) of subsection (b) shall apply with
respect to elections for Federal office held on or after
January 1, 2014.''.
SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE.
(a) Requiring States To Make Identification Available.--Section
303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as
amended by section 2(a)(2), is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Making photo identifications available.--
``(A) In general.--During fiscal year 2014 and each
succeeding fiscal year, each State shall establish a
program to provide photo identifications which may be
used to meet the requirements of paragraphs (1) and (2)
by individuals who desire to vote in elections held in
the State but who do not otherwise possess a
government-issued photo identification.
``(B) Identifications provided at no cost to
indigent individuals.--If a State charges an individual
a fee for providing a photo identification under the
program established under subparagraph (A)--
``(i) the fee charged may not exceed the
reasonable cost to the State of providing the
identification to the individual; and
``(ii) the State may not charge a fee to
any individual who provides an attestation that
the individual is unable to afford the fee.
``(C) Identifications not to be used as motor
vehicle licenses.--Any photo identification provided
under the program established under subparagraph (A)
may not serve as a government-issued photo
identification for purposes of operating a motor
vehicle or any related purpose.''.
(b) Payments to States To Cover Costs.--Subtitle D of title II of
such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the
following new part:
``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO
INDIGENT INDIVIDUALS
``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO
IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS.
``(a) Payments to States.--The Commission shall make payments to
States to cover the costs incurred in providing photo identifications
under the program established under section 303(b)(4) to individuals
who are unable to afford the fee that would otherwise be charged under
the program.
``(b) Amount of Payment.--The amount of the payment made to a State
under this part for any year shall be equal to the amount of fees which
would have been collected by the State during the year under the
program established under section 303(b)(4) but for the application of
section 303(b)(4)(B)(ii), as determined on the basis of information
furnished to the Commission by the State at such time and in such form
as the Commission may require.
``(c) Ensuring Budget Neutrality by Corresponding Reduction in
Requirements Payment.--The amount of any requirements payment made to a
State under part 1 of subtitle D for a fiscal year shall be reduced by
the amount of any payment made to a State under this part for the
fiscal year.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part an aggregate amount of $5,000,000 for fiscal year 2014 and each of
the 4 succeeding fiscal years.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to subtitle D of
title II the following:
``Part 7--Payments To Cover Costs of Providing Photo Identifications to
Indigent Individuals
``Sec. 297. Payments to cover costs to States of providing photo
identifications for voting to indigent
individuals.
``Sec. 297A. Authorization of appropriations.''. | Federal Election Integrity Act of 2012 - Amends the Help America Vote Act of 2002 to prohibit the appropriate state or local election official from providing a federal election ballot to an individual who desires to vote in person unless: (1) the individual presents to the official a government-issued, current, and valid photo identification (ID), and (2) the election official verifies that the ID is of the individual who requests the ballot.
Requires an individual who does not present such an ID to be permitted to cast a provisional ballot in such an election. Requires such individual, however, to present the required ID within 48 hours after casting the provisional ballot, or the appropriate state or local election official shall not determine the individual's eligibility to vote. Requires verification of the photo ID by the election official.
Requires individuals who vote other than in person in a federal election (for example, by mail) to submit a copy of such a photo ID with a ballot, or the appropriate official shall not accept the ballot. Requires verification of the photo ID by the election official. Exempts from this photo ID requirement the absentee ballot of any eligible overseas military voter absent from the United States by reason of active duty or service. Prohibits the appropriate state or local election official from providing a ballott for voting other than in person to an individual who requests such a ballot in person unless: (1) the individual presents the official a government-issued, current, and valid photo ID; and (2) the election official verifies it.
Requires states to establish a program to provide photo IDs in accordance with this Act to individuals who desire to vote but do not otherwise possess a government-issued photo ID. Prohibits any such photo ID from serving as a government-issued photo identification for purposes of operating a motor vehicle or any related purpose.
Prescribes requirements for any state fee for providing such a photo ID.
Requires the Election Assistance Commission to make payments to states to cover the costs incurred in providing photo IDs to individuals unable to afford the fee. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to require each individual who desires to vote in an election for Federal office to provide the appropriate election official with a government-issued photo identification, and for other purposes."} | 2,231 | 460 | 0.734447 | 2.138091 | 0.790179 | 3.435323 | 4.743781 | 0.902985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dollars to the Classroom Act''.
SEC. 2. GRANTS TO STATES.
The Secretary may award grants in accordance with this Act to
States for use by States and local educational agencies to improve
classroom services and activities for students.
SEC. 3. GRANT AWARD.
(a) Reservation of Funds.--From the amount appropriated to carry
out this Act for any fiscal year, the Secretary shall reserve--
(1) \1/2\ of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of their
relative need, as determined by the Secretary in accordance
with the purposes of this section; and
(2) \1/2\ of 1 percent for the Secretary of the Interior
for programs under this Act in schools operated or funded by
the Bureau of Indian Affairs.
(b) State Allocations.--Funds appropriated to carry out this Act
for any fiscal year, which are not reserved under subsection (a), shall
be allocated among the States as follows:
(1) Hold harmless.--Subject to paragraph (2), no State
shall receive an award under this section for any fiscal year
that is less than the aggregate amount such State received to
carry out programs or activities for fiscal year 2003 under the
following provisions (as in effect on the day preceding the
date of the enactment of this Act):
(A) Part F of title I of the Elementary and
Secondary Education Act of 1965.
(B) Part A of title II of the Elementary and
Secondary Education Act of 1965.
(C) Subpart 1 of part D of title II of the
Elementary and Secondary Education Act of 1965.
(D) Part A of title V of the Elementary and
Secondary Education Act of 1965.
(E) Subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act.
(2) Insufficient funds.--If the amount of appropriations to
carry out this Act for any fiscal year is insufficient to pay
the full amounts that all States are eligible to receive under
paragraph (1) for such year, the Secretary shall ratably reduce
such amounts for such year.
(3) Remaining funds.--If funds remain after meeting the
requirements of paragraph (1), such remaining funds shall be
allocated among the States in the following manner:
(A) 50 percent of such remaining funds shall be
allocated to the States in proportion to their grants
under part A of title I of the Elementary and Secondary
Education Act of 1965 for the preceding fiscal year;
and
(B) 50 percent of such remaining funds shall be
allocated to the States in proportion to the number of
children ages 5 through 17 who reside in the States,
according to the most recent available data that are
satisfactory to the Secretary.
(c) Definition of State.--For purposes of this section, the term
``State'' includes the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(d) Definition of Outlying Area.--For purposes of this section, the
term ``outlying area'' includes American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(e) Payments.--Funds awarded to a State under this Act shall be
paid to the individual or entity in the State that is responsible for
the State administration of Federal education funds pursuant to State
law.
(f) Use of State Awards.--
(1) In general.--From the amount made available to a State
under subsection (b) for a fiscal year, the State--
(A) shall use not more than 5 percent of the amount
to support programs or activities, for children ages 5
through 17, that the State determines appropriate, of
which the State shall distribute 20 percent of the 5
percent to local educational agencies in the State to
pay the administrative expenses of the local
educational agencies that are associated with the
activities and services assisted under this section;
and
(B) shall distribute, pursuant to section 4(a), not
less than 95 percent of the amount to local educational
agencies in the State for the fiscal year to enable the
local educational agencies to pay the costs of
activities or services provided in the classroom, for
children ages 5 through 17, that the local educational
agencies determine appropriate subject to the
requirements of section 4(b).
(2) Administrative expenses.--For the purpose of paragraph
(1)(B), the costs of activities and services provided in the
classroom exclude the administrative expenses associated with
the activities and services.
(g) Supplement not Supplant.--A State or local educational agency
shall use funds received under this Act only to supplement the amount
of funds that would, in the absence of such Federal funds, be made
available from non-Federal sources for the education of pupils
participating in programs assisted under this Act, and not to supplant
such funds.
(h) Annual Reports.--
(1) In general.--Each State receiving assistance under this
part shall issue a report on an annual basis, not later than
April 1 of each year beginning the year after the date of the
enactment of this Act, to the Secretary, the Committee on
Education and the Workforce of the House of Representatives,
the Committee on Health, Education, Labor and Pensions of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate that describes how funds under
this Act have been used to improve student performance in that
State.
(2) Certification.--Each report submitted under this
subsection shall include a certification by the State that 95
percent of funding provided under this Act during the preceding
fiscal year has been expended by local educational agencies
within that State for classroom activities and services
pursuant to subsection (f)(1)(B).
(3) Measures of performance.--In determining student
academic performance within the State, the State shall use such
measures of student academic performance as it deems
appropriate. The State may disaggregate data by poverty,
subject area, race, gender, geographic location, or other
criteria as the State deems appropriate.
(4) Availability of report.--Each State shall make the
report described in this subsection available to parents and
members of the public throughout that State.
SEC. 4. LOCAL AWARDS.
(a) Determination of Amount of Funds.--
(1) In general.--The individual or entity in the State that
is responsible for the State administration of Federal
education funds pursuant to State law of each State receiving
assistance under this Act, in consultation with the Governor of
such State, the chief State school officer of such State,
representatives from the State legislature, and representatives
from local educational agencies within such State, shall
develop a formula for the allocation of funds described in
section 3, to local educational agencies, taking into
consideration--
(A) poverty rates within each local educational
agency;
(B) children living in sparsely populated areas;
(C) an equitable distribution of funds among urban,
rural, and suburban areas;
(D) children whose education imposes a higher than
average cost per child; and
(E) such other factors as considered appropriate.
(2) Hold harmless.--Subject to paragraph (3), no local
educational agency shall receive an award under this subsection
for any fiscal year in an amount that is less than the sum of
the following:
(A) The aggregate amount the local educational
agency received to carry out programs or activities for
fiscal year 2003 under the following provisions (as in
effect on the day preceding the date of the enactment
of this Act):
(i) Part F of title I of the Elementary and
Secondary Education Act of 1965.
(ii) Part A of title II of the Elementary
and Secondary Education Act of 1965.
(iii) Subpart 1 of part D of title II of
the Elementary and Secondary Education Act of
1965.
(iv) Part A of title V of the Elementary
and Secondary Education Act of 1965.
(v) Subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act.
(B) For each of fiscal years 2004 through 2008, the
aggregate amount the local educational agency is
eligible to receive during the fiscal year pursuant to
all multiyear awards made prior to the date of
enactment of this Act under any program that is
repealed by section 8 and is not listed in subparagraph
(A).
(3) Insufficient funds.--If the amount allocated to a State
to carry out this Act for any fiscal year is insufficient to
pay the full amounts that all local educational agencies in
such State are eligible to receive under paragraph (2) for such
year, the State shall ratably reduce such amounts for such
year.
(b) Local Uses of Funds.--Funds made available under this section
to a local educational agency shall be used for the following classroom
services and activities:
(1) Programs for the acquisition and use of instructional
and educational materials, including library services and
materials (including media materials), assessments, reference
materials, and other curricular materials which are tied to
high academic standards and which will be used to improve
student achievement and which are part of an overall education
reform program.
(2) Professional development for instructional staff.
(3) Programs to improve the higher order thinking skills of
disadvantaged elementary and secondary school students and to
prevent students from dropping out of school.
(4) Efforts to lengthen the school day or the school year.
(5) Programs to combat illiteracy in the student
population.
(6) Programs to provide for the educational needs of gifted
and talented children.
(7) Promising education reform projects that are tied to
State student content and performance standards.
(8) Carrying out comprehensive school reform programs that
are based on reliable research.
(9) Programs for homeless children and youth.
(10) Programs that are built upon partnerships between
local educational agencies and institutions of higher
education, educational service agencies, libraries, businesses,
regional educational laboratories, or other educational
entities, for the purpose of providing educational services
consistent with this section.
(11) The acquisition of books, materials and equipment,
payment of compensation of instructional staff, and
instructional activities that are necessary for the conduct of
programs in magnet schools.
(12) Programs to promote academic achievement among women
and girls.
(13) Programs to provide for the educational needs of
children with limited English proficiency or who are American
Indian, Alaska Native, or Native Hawaiian.
(14) Activities to provide the academic support,
enrichment, and motivation to enable all students to reach high
State standards.
(15) Efforts to reduce the pupil-teacher ratio.
(16) Projects and programs which assure the participation
in mainstream settings in arts and education programs of
individuals with disabilities.
(17) Projects and programs to integrate arts education into
the regular elementary and secondary school curriculum.
(18) Programs designed to educate students about the
history and principles of the Constitution of the United
States, including the Bill of Rights, and to foster civic
competence and responsibility.
(19) Mathematics and science education instructional
materials.
(20) Programs designed to improve the quality of student
writing and learning and the teaching of writing as a learning
process.
(21) Technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to
effectively use such equipment and software.
(22) Computer software and hardware for instructional use.
(23) Developing, adapting, or expanding existing and new
applications of technology.
(24) Acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and software,
for use by teachers, students, and school library media
personnel in the classroom or in school library media centers,
in order to improve student learning.
(25) After-school programs designed to engage children in a
constructive manner and to promote their academic,
developmental, and personal growth.
(26) Developing, constructing, acquiring, maintaining,
operating, and obtaining technical assistance in the use of
telecommunications audio and visual facilities and equipment
for use in the classroom.
(27) Developing, acquiring, and obtaining technical
assistance in the use of educational and instructional video
programming for use in the classroom.
(c) Parent Involvement.--Each local educational agency receiving
assistance under this section shall involve parents and members of the
public in planning for the use of funds provided under this section.
SEC. 5. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Each local educational agency that receives funds under this Act
shall provide for the participation of children enrolled in private
schools, and their teachers or other educational personnel, in the
activities and services assisted under this Act in the same manner as
private school children, and their teachers or other educational
personnel, participate in activities and services under the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) pursuant
to sections 9501, 9502, 9503, and 9504 of such Act (20 U.S.C. 7881,
7882, 7883, and 7884).
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``local educational agency'' has the meaning
given the term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(2) the term ``educational service agency'' has the meaning
given the term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(3) the term ``Secretary'' means the Secretary of
Education; and
(4) except as otherwise provided, the term ``State'' means
each of the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
the United States Virgin Islands.
SEC. 7. GENERAL PROVISIONS.
(a) Rule of Construction.--Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Government to
require, direct, or control a State, local educational agency, or
school's specific instructional content of pupil performance standards
and assessments, curriculum, or program of instruction as a condition
of eligibility to receive funds under this Act.
(b) State and Local Determinations.--
(1) In general.--The Secretary shall not issue any
regulation regarding the type of classroom activities or
services that may be assisted under this Act.
(2) Instructional method and setting.--No local educational
agency shall be required to provide services under this Act
through a particular instructional method or in a particular
instructional setting in order to receive funding under this
Act.
SEC. 8. REPEALS.
The following provisions are repealed:
(1) Section 1503 of the Elementary and Secondary Education
Act of 1965.
(2) Part F of title I of the Elementary and Secondary
Education Act of 1965.
(3) Part A of title II of the Elementary and Secondary
Education Act of 1965.
(4) Part B of title II of the Elementary and Secondary
Education Act of 1965.
(5) Part C of title II of the Elementary and Secondary
Education Act of 165.
(6) Part D of title II of the Elementary and Secondary
Education Act of 1965.
(7) Part D of title V of the Elementary and Secondary
Education Act of 1965.
(8) Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$4,383,333,000 for fiscal year 2004, $4,470,999,000 for fiscal year
2005, $4,560,419,000 for fiscal year 2006, $4,651,628,000 for fiscal
year 2007, and $4,744,660,000 for fiscal year 2008. | Dollars to the Classroom Act - Authorizes the Secretary of Education award grants to States for use by States and local educational agencies (LEAs) to improve classroom services and activities for students. Prescribes requirements for participation of private school children and teachers in activities and services. Repeals specified programs under the Elementary and Secondary Education Act of 1965 (ESEA) and the Stewart B. McKinney Homeless Assistance Act, including: (1) mandatory independent evaluations of State student assessments; (2) grants for schools to develop comprehensive school reforms; (3) the Teacher and Principal Training and Recruiting Fund; (4) mathematics and science partnerships; (5) the Innovation for Teacher Quality; (6) Enhancing Education through Technology; (7) the Fund for Improvement of Education; and (8) Education for Homeless Children. | {"src": "billsum_train", "title": "To provide dollars to the classroom."} | 3,334 | 167 | 0.475089 | 1.214833 | 0.643582 | 2.694805 | 21.233766 | 0.876623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolutionary War and War of 1812
Battlefield Protection Act''.
SEC. 2. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR BATTLEFIELDS OF THE
REVOLUTIONARY WAR AND WAR OF 1812.
(a) Grant Program.--The American Battlefield Protection Act of 1996
(section 604 of division I of Public Law 104-333; 16 U.S.C. 469k) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Battlefield Acquisition Grant Program for Battlefields of the
Revolutionary War and War of 1812.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `battlefield
report' means the document entitled `Report to Congress
on the Historic Preservation of Revolutionary War and
War of 1812 Sites in the United States', prepared by
the National Park Service, and dated September 2007.
``(B) Eligible entity.--The term `eligible entity'
means a State or local government.
``(C) Eligible site.--The term `eligible site'
means a site that--
``(i) is not within the exterior boundaries
of a unit of the National Park System; and
``(ii) is identified in the battlefield
report.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program for nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812 under which the Secretary
may make grants to eligible entities to pay the Federal share
of the cost of acquiring fee-simple or lesser interests from
willing sellers in eligible sites for the preservation and
protection of those eligible sites.
``(3) Nonprofit partners.--An eligible entity may acquire
an interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
``(5) Limitations on land use.--An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the
date of the enactment of this subsection, the Secretary
shall submit to Congress a report on the activities
carried out under this subsection.
``(B) Update on battlefield report.--Not later than
3 years after the date of the enactment of this
subsection, the Secretary shall submit to Congress a
report that updates the battlefield report to reflect--
``(i) preservation activities carried out
at the 677 battlefields and associated sites
identified in the battlefield report during the
period between publication of the battlefield
report and the update;
``(ii) changes in the condition of the
battlefields and associated sites during that
period; and
``(iii) any other relevant developments
relating to the battlefields and associated
sites during that period.
``(7) Authorizations of appropriations.--
``(A) In general.--There are authorized to be
appropriated to the Secretary from the Land and Water
Conservation Fund to provide grants under this
subsection $10,000,000 for each of fiscal years 2009
through 2013.
``(B) Update of battlefield report.--There are
authorized to be appropriated to the Secretary to carry
out paragraph (6)(B), $500,000.''.
(b) Conforming Amendments.--
(1) References to other battlefield acquisition program.--
Subsection (d) of the American Battlefield Protection Act of
1996, as added by section 3 of Civil War Battlefield
Preservation Act of 2002 (Public Law 107-359; 116 Stat. 3016),
is amended--
(A) in the subsection heading, by striking
``Battlefield Acquisition Grant Program'' and inserting
``Battlefield Acquisition Grant Program for
Battlefields of the Civil War''; and
(B) in paragraph (2), by striking ``grant program''
and inserting ``grant program for battlefields of the
Civil War''; and
(2) Termination of authority.--Subsection (f) of the
American Battlefield Protection Act of 1996, as redesignated by
subsection (a)(1), is amended--
(A) in the subsection heading, by striking
``Repeal'' and inserting ``Expiration''; and
(B) in paragraph (1), by striking ``is repealed''
and inserting ``expires''.
Passed the House of Representatives September 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Revolutionary War and War of 1812 Battlefield Protection Act - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish an acquisition grant program for battlefields and associated sites identified in the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States (battlefield report).
Authorizes the Secretary to provide grants to states or local governments (eligible entities) to pay the federal share of the cost of acquiring fee-simple or lesser interests from willing sellers in such sites. Permits eligible entities to acquire an interest in eligible sites using such grants in partnership with nonprofit organizations.
Requires the non-federal share of the cost of acquisition of eligible sites to be not less than 50 percent of the total.
Subjects acquired property to the Land and Water Conservation Fund Act's prohibition against conversion to other than public outdoor recreation uses without the Secretary's approval.
Requires the Secretary to submit to Congress a report on activities carried out under this Act and an update of the battlefield report.
Authorizes appropriations to: (1) provide grants under the Program for FY2009 through FY2013; and (2) update the battlefield report. | {"src": "billsum_train", "title": "To amend the American Battlefield Protection Act of 1996 to establish a battlefield acquisition grant program for the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812, and for other purposes."} | 1,146 | 269 | 0.743889 | 1.981779 | 0.977726 | 3.666667 | 4.232068 | 0.890295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Garnishment Equalization Act of
1993''.
SEC. 2. GARNISHMENT OF FEDERAL EMPLOYEES' PAY.
(a) In General.--Subchapter II of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5520a. Garnishment of pay
``(a) For the purpose of this section--
``(1) the term `agency' means--
``(A) an Executive agency (other than the General
Accounting Office);
``(B) an agency of the judicial branch of the
Government; and
``(C) an agency of the legislative branch of the
Government, including the General Accounting Office,
the office of a Member of Congress, a committee of
either House or a joint committee of the 2 Houses, and
any other office of Congress;
``(2) the term `employee' means an employee of an agency or
member of the uniformed services;
``(3) the term `private person' means a person who does not
have sovereign or other special immunity or privilege which
causes such person not to be subject to legal process;
``(4) the term `legal process' means any writ, order,
summons, or other similar process in the nature of garnishment,
which--
``(A) is issued by--
``(i) a court of competent jurisdiction
within any State, territory, or possession of
the United States;
``(ii) a court of competent jurisdiction in
any foreign country with which the United
States has entered into an agreement which
requires the United States to honor such
process; or
``(iii) an authorized official pursuant to
an order of such a court of competent
jurisdiction or pursuant to State or local law;
and
``(B) is directed to, and the purpose of which is
to compel, in accordance with applicable law, an agency
which holds moneys which are otherwise payable to an
individual, to make a payment from such moneys to
another party in order to satisfy a debt;
``(5) entitlement of an individual to any money shall be
deemed to be `based upon remuneration for employment' if such
money consists of compensation paid or payable for personal
services of such individual, whether such compensation is
denominated as pay, wages, salary, bonus, or otherwise, and
includes severance pay and incentive pay, but does not
include--
``(A) awards for making suggestions;
``(B) any payments under chapter 83 or 84, or any
other retirement system for employees; or
``(C) amounts paid to such individual, by way of
reimbursement or otherwise, by such individual's
employing agency, to defray expenses incurred by such
individual in carrying out duties associated with such
individual's employment;
``(6) the term `process to which an agency is subject under
this section' does not include any legal process described in
section 462(e) of the Social Security Act; and
``(7) the term `debt' does not include any legal obligation
referred to in section 462(e)(2) of the Social Security Act.
``(b) Subject to the provisions of this section and the provisions
of section 303 of the Consumer Credit Protection Act, moneys (the
entitlement to which is based upon remuneration for employment) due
from, or payable by, an agency to any individual for service as an
employee shall be subject, in like manner and to the same extent as if
the United States were a private person, to legal process brought for
the satisfaction of a debt owed to another party.
``(c)(1) Service of legal process under this section may be
accomplished by certified or registered mail, return receipt requested,
or by personal service, upon--
``(A) the appropriate agent designated for receipt of such
service of process pursuant to regulations issued under this
section; or
``(B) if no agent has been designated for the agency having
payment responsibility for the moneys involved, then upon the
head of such agency.
``(2) Such legal process shall be accompanied by sufficient
information to permit prompt identification of the individual and the
moneys involved.
``(d) No employee whose duties include responding to
interrogatories pursuant to requirements imposed by this section shall
be subject under any law to any disciplinary action or civil or
criminal liability or penalty for, or on account of, any disclosure of
information made by such employee with the carrying out of any of such
employee's duties which pertain (directly or indirectly) to the
answering of any such interrogatory.
``(e) Whenever any person, who is designated by law or regulation
to accept service of process to which an agency is subject under this
section, is effectively served with any such process or with
interrogatories relating to an individual's obligation in connection
with a particular debt, such person shall respond thereto within 30
days (or within such longer period as may be prescribed by applicable
State law) after the date effective service thereof is made, and shall,
as soon as possible but not later than 15 days after the date effective
service is made, send written notice that such process has been so
served (together with a copy thereof) to the affected employee at such
employee's duty station or last-known home address.
``(f) Agencies affected by legal process under this section shall
not be required to vary their normal pay and disbursement cycles in
order to comply with any such legal process.
``(g) Neither the United States, an agency, nor any disbursing
officer shall be liable with respect to any payment made from moneys
due or payable from the United States to any individual pursuant to
legal process regular on its face, if such payment is made in
accordance with this section and the regulations prescribed to carry
out this section.
``(h)(1) In the event that an agency, which is authorized under
this section or the regulations prescribed to carry out this section to
accept service of process, is served with more than 1 legal process
with respect to the same moneys due or payable to any individual, then
such moneys shall be available to satisfy such processes on a first-
come, first-served basis, with any such process being satisfied out of
such moneys as remain after the satisfaction of all such processes
which have been previously served, subject to paragraph (2).
``(2) In the event of service of legal process under this section
and the service of legal process (as defined by section 462(e) of the
Social Security Act) under section 459 of the Social Security Act, with
respect to the same moneys due or payable to an individual, priority
shall be given to the legal process (as defined by such section 462(e))
served under such section 459.
``(i) In determining the amount of any payment due from, or payable
by, an agency to an individual, there shall be excluded those amounts
which would be excluded under section 462(g) of the Social Security
Act.
``(j) Nothing in this section shall modify or supersede any
provision of section 459, 461, or 462 of the Social Security Act.
``(k)(1) Regulations to carry out this section shall--
``(A) with respect to agencies under subsection (a)(1)(A),
be prescribed by the President or the President's designee;
``(B) with respect to agencies under subsection (a)(1)(B),
be prescribed by the Chief Justice of the United States or the
Chief Justice's designee; and
``(C) with respect to agencies under subsection (a)(1)(C),
be prescribed jointly by the Speaker of the House of
Representatives and the President pro tempore of the Senate, or
their designee.
``(2) Such regulations shall provide that an agency's
administrative costs in executing a garnishment action may be added to
the garnishment, and that the agency may retain costs recovered as
offsetting collections.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5520 the following:
``5520a. Garnishment of pay.''.
SEC. 3. AMENDMENT TO TITLE 39, UNITED STATES CODE.
Section 1005 of title 39, United States Code, is amended by adding
at the end the following:
``(g) The provisions of section 5520a of title 5 shall apply to
officers and employees of the Postal Service.''.
SEC. 4. APPLICABILITY.
The amendments made by this Act shall take effect 180 days after
the date of enactment of this Act, and shall apply with respect to any
legal process served on or after that effective date. | Garnishment Equalization Act of 1993 - Provides for the treatment of Federal pay in the same manner as non-Federal pay with respect to garnishment. Allows administrative costs to be included in such garnishment. | {"src": "billsum_train", "title": "Garnishment Equalization Act of 1993"} | 1,943 | 50 | 0.517518 | 1.245181 | 0.978024 | 1.621622 | 50.216216 | 0.864865 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Crop Insurance
Improvement Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment or approval of expected market price for each
agricultural commodity for which insurance
is offered.
Sec. 3. Fixing adequate premium amounts for additional coverage.
Sec. 4. Payment of portion of crop insurance premium by Corporation.
Sec. 5. Effect of disaster declaration on determination of producer's
actual production history.
Sec. 6. Assigned yields for newly acquired lands and new crops.
Sec. 7. Cost of production risk protection pilot project.
Sec. 8. Rating methodologies pilot project.
Sec. 9. Livestock coverage pilot project.
Sec. 10. Board of directors of Corporation.
SEC. 2. ESTABLISHMENT OR APPROVAL OF EXPECTED MARKET PRICE FOR EACH
AGRICULTURAL COMMODITY FOR WHICH INSURANCE IS OFFERED.
Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c))
is amended by striking paragraph (5) and inserting the following new
paragraph:
``(5) Expected market price.--
``(A) Establishment or approval.--For the purposes
of this title, the Corporation shall establish or
approve the price level (referred to in this title as
the `expected market price') of each agricultural
commodity for which insurance is offered.
``(B) Amount generally.--Except as provided in
subparagraphs (C) and (D), the expected market price of
an agricultural commodity shall be not less than the
projected market price of the agricultural commodity,
as determined by the Corporation, but the expected
market price may be based on the actual market price of
the agricultural commodity at the time of harvest, as
determined by the Corporation.
``(C) Revenue and similar plans.--In the case of
revenue and other similar plans of insurance, the
expected market price of an agricultural commodity
shall be the actual market price of the agricultural
commodity, as determined by the Corporation.
``(D) Cost of production and similar plans.--In the
case of cost of production or similar plans of
insurance, the expected market price of an agricultural
commodity shall be the projected cost of producing the
agricultural commodity, as determined by the
Corporation.''.
SEC. 3. FIXING ADEQUATE PREMIUM AMOUNTS FOR ADDITIONAL COVERAGE.
Section 508(d)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(d)(2)) is amended--
(1) in subparagraph (B), by striking ``under all policies
with that level of coverage'' after ``anticipated losses''; and
(2) by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) In the case of additional coverage at greater
than or equal to 65 percent of the recorded or
appraised average yield indemnified at 100 percent of
the expected market price, or an equivalent coverage,
but less than 75 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
amount of the premium shall--
``(i) be sufficient to cover anticipated
losses under all policies with that level of
coverage and a reasonable reserve; and
``(ii) include an amount for operating and
administrative expenses, as determined by the
Corporation, on an industry-wide basis as a
percentage of the amount of the premium used to
define loss ratio.
``(D) In the case of additional coverage equal to
or greater than 75 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
amount of the premium shall--
``(i) be sufficient to cover anticipated
losses under all policies with that level of
coverage and a reasonable reserve; and
``(ii) include an amount for operating and
administrative expenses, as determined by the
Corporation, on an industry-wide basis as a
percentage of the amount of the premium used to
define loss ratio.''.
SEC. 4. PAYMENT OF PORTION OF CROP INSURANCE PREMIUM BY CORPORATION.
(a) Payment Required.--Section 508(e) of the Federal Crop Insurance
Act (7 U.S.C. 1508(e)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) In general.--
``(A) Mandatory payments.--For the purpose of
encouraging the broadest possible participation of
producers in the crop insurance plans of insurance
authorized to be insured or reinsured under subsections
(b) and (c), the Corporation shall pay a part of the
premium in the amounts determined under this
subsection.
``(B) Discretionary payments.--In the case of a
plan of insurance approved by the Corporation under
subsection (h), the Corporation may pay a part of the
premium in the amounts not to exceed the amounts
determined under this subsection.''; and
(2) in paragraph (2), by striking subparagraphs (B) and (C)
and inserting the following new subparagraphs:
``(B) In the case of additional coverage less than
65 percent of the recorded or appraised average yield
indemnified at 100 percent of the expected market
price, or an equivalent coverage, the amount shall be
equal to the sum of--
``(i) 45 percent of the amount of the
premium established under subsection (d)(2)(B)
to satisfy the requirements of clause (i) of
such subsection; and
``(ii) the amount of operating and
administrative expenses included under
subsection (d)(2)(B)(ii).
``(C) In the case of coverage at greater than or
equal to 65 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, but
less than 75 percent of the recorded or appraised
average yield indemnified at 100 percent of the
expected market price, or an equivalent coverage, the
amount shall be equal to the sum of--
``(i) 50 percent of the amount of the
premium established under subsection (d)(2)(C)
to satisfy the requirements of clause (i) of
such subsection; and
``(ii) the amount of operating and
administrative expenses included under
subsection (d)(2)(C)(ii).
``(D) In the case of coverage equal to or greater
than 75 percent of the recorded or appraised average
yield indemnified at 100 percent of the expected market
price, or an equivalent coverage, the amount shall be
equal to the sum of--
``(i) 55 percent of the amount of the
premium established under subsection (d)(2)(D)
to satisfy the requirements of clause (i) of
such subsection for coverage at 75 percent of
the recorded or appraised average yield
indemnified at 100 percent of the expected
market price; and
``(ii) the amount of operating and
administrative expenses included under
subsection (d)(2)(D)(ii).''.
(d) Conforming Amendment.--Section 508(h)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(h)(2)) is amended by striking the second
sentence.
SEC. 5. EFFECT OF DISASTER DECLARATION ON DETERMINATION OF PRODUCER'S
ACTUAL PRODUCTION HISTORY.
(a) Definition of Designated Disaster Area.--Section 502(b) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Designated disaster area.--The term `designated
disaster area' means an area--
``(A) covered by a Presidential declaration of
major disaster issued under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170); or
``(B) determined to be a disaster area by the
Secretary under subpart A of part 1945 of title 7, Code
of Federal Regulations.''.
(b) Yield Determinations.--Section 508(g) of such Act (7 U.S.C.
1508(g)) is amended by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) Exclusion of one or more crop years.--In establishing
the actual production history of a producer for a crop under
paragraph (2)(A) or using the producer's actual production
records for any other purpose under this subsection, the
Corporation shall exclude any crop year of the crop at the
producer's election if, at any time during the crop year, the
county in which the crop was grown (or an adjacent county) was
included in a designated disaster area declared as a result of
damaging weather.''.
SEC. 6. ASSIGNED YIELDS FOR NEWLY ACQUIRED LANDS AND NEW CROPS.
Section 508(g)(2)(B) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)(B)) is amended by adding at the end the following new
sentence: ``However, if the lack of satisfactory yield evidence is the
result of the recent acquisition of land by the producer, the
conversion of noncrop land to production, or the conversion of cropland
to a different crop, as determined by the Corporation, then at the
election of the producer, the Corporation shall assign the producer a
yield for that land that is equal to 100 percent of the average
transitional yield for the commodity involved in the county in which
the land is located.''.
SEC. 7. COST OF PRODUCTION RISK PROTECTION PILOT PROJECT.
Section 508(h)(6) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)(6)) is amended--
(1) in subparagraph (A), by striking ``, to the extent
practicable,'';
(2) in subparagraph (B)(i), by striking ``1996 and 1997
crop years'' and inserting ``2000 through 2004 crop years'';
and
(3) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) Coverage level; determination of cost of
production.--A producer electing to participate in the
pilot project may select a coverage level not to exceed
90 percent of the applicable cost of production
determined by the Office of Risk Management for the
county or an area of the county in which the producer's
farm is located. The cost of production coverage
determined by the Office shall be based on cost of
production data prepared and published by the land-
grant college or university for the State in which the
producer's farm is located.''.
SEC. 8. RATING METHODOLOGIES PILOT PROJECT.
(a) In General.--Section 508(h) of the Federal Crop Insurance Act
(7 U.S.C. 1508(h)) is amended by striking paragraph (8) and inserting
the following new paragraph:
``(8) Rating methodologies pilot project.--Not later than
September 30, 2000, the Office of Risk Management shall--
``(A) review the methodologies that are used to
rate plans of insurance under this title; and
``(B) enter into a contract with a person in the
private sector to develop new methodologies for rating
plans of insurance under this title that take into
account the lower risk pool of--
``(i) producers that elect not to
participate in the Federal crop insurance
program established under this title; and
``(ii) producers that elect only to obtain
catastrophic risk protection under subsection
(b).''.
(b) Conforming Amendment.--Section 507(c) of the Federal Crop
Insurance Act (7 U.S.C. 1507(c)) is amended in the last sentence by
striking ``Nothing'' and inserting ``Except as provided in section
508(h)(8), nothing''.
SEC. 9. LIVESTOCK COVERAGE PILOT PROJECT.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended by adding at the end the following new paragraph:
``(11) Livestock coverage pilot project.--Notwithstanding
section 518, the Corporation shall carry out a pilot project in
a limited number of counties, to be selected by the
Corporation, under which a producer of livestock may elect to
receive federally reinsured coverage under this title.''.
SEC. 10. BOARD OF DIRECTORS OF CORPORATION.
Section 505 of the Federal Crop Insurance Act (7 U.S.C. 1505) is
amended by striking subsection (a) and inserting the following new
subsection:
``(a) Board of Directors.--
``(1) In general.--The management of the Corporation shall
be vested in a Board subject to the general supervision of the
Secretary.
``(2) Composition.--The Board shall consist of--
``(A) 2 members who are active agricultural
producers with or without crop insurance;
``(B) 1 member who is active in the crop insurance
business;
``(C) 1 member who is active in the reinsurance
business;
``(D) the Under Secretary for Farm and Foreign
Agricultural Services;
``(E) the Under Secretary for Rural Development;
and
``(F) the Chief Economist of the Department of
Agriculture.
``(3) Appointment and terms of private sector members.--The
members of the Board described in subparagraphs (A), (B), and
(C) of paragraph (2)--
``(A) shall be appointed by, and hold office at the
pleasure of, the Secretary;
``(B) shall not be otherwise employed by the
Federal Government;
``(C) shall be appointed to staggered 4-year terms,
as determined by the Secretary; and
``(D) shall serve not more than 2 consecutive
terms.
``(4) Chairperson.--The Board shall select a member of the
Board described in subparagraph (A), (B), or (C) of paragraph
(2) to serve as Chairperson of the Board.''. | Crop Insurance Improvement Act of 1999 - Amends the Federal Crop Insurance Act to specify expected market price criteria for revenue or production-based crop insurance.
(Sec. 3) Provides for 75 percent additional coverage.
(Sec. 4) Revises Federal Crop Insurance Corporation premium subsidy provisions, including by making provision for certain mandatory and discretionary payments.
(Sec. 5) Defines "designated disaster area." Excludes from yield determinations at producer request any crop year during which the county in which the crop was grown (or adjacent county) was included in a designated disaster area.
(Sec. 6) Provides elective average production history adjustments for producers who are working new land or new crops.
(Sec. 7) Extends the pilot cost of production risk protection plan. Authorizes 90 percent coverage.
(Sec. 8) Directs the Office of Risk Management to contract for a rating methodologies development pilot program.
(Sec. 9) Directs the Corporation to carry out a pilot livestock coverage project.
(Sec. 10) Revises the membership of the Corporation's Board of Directors. | {"src": "billsum_train", "title": "Crop Insurance Improvement Act of 1999"} | 3,210 | 254 | 0.595676 | 1.673815 | 0.707915 | 2.46729 | 13.495327 | 0.859813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Pregnant Women and
Children From Hexavalent Chromium Act of 2012''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) according to the National Toxicology Program of the
Department of Health and Human Services--
(A) chromium is a metal that can take various
forms, including ``hexavalent chromium'', which is
created when the metal is heated;
(B) hexavalent chromium, also called ``Chrome 6'',
is widely used in metal fabrication, chrome finishing
and plating, stainless-steel production, leather
tanning, and wood preservatives to reduce corrosion and
for other purposes; and
(C) determining the full extent of human exposures
to Chrome 6 can be difficult to quantify because
exposure studies do not normally identify the specific
form of chromium, but people can come into contact with
Chrome 6 through breathing in air, drinking water, or
touching products that contain the metal;
(2) according to the Environmental Protection Agency--
(A) in 2009, facilities in the United States
released almost 8,000,000 pounds of chromium into the
air, water, and land; and
(B) in 2010, chromium was a primary contaminant in
more than 500 of the most heavily contaminated sites on
the National Priorities List developed by the President
in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), which
means that more than 40 percent of those most heavily
contaminated sites in the United States are
contaminated with chromium;
(3) in 1990, the International Agency for the Research on
Cancer declared that Chrome 6 was known to cause cancer in
people when inhaled;
(4) as early as 1998, the Environmental Protection Agency
also concluded that Chrome 6 could cause cancer when inhaled;
(5) in 2008, the National Toxicology Program of the
Department of Health and Human Services concluded that Chrome 6
in drinking water shows ``clear evidence'' of cancer-causing
activity in laboratory animals;
(6) a 2010 draft toxicological review of Chrome 6 by the
Environmental Protection Agency found that the contaminant in
tap water is ``likely to be carcinogenic to humans'' and cited
significant cancer concerns and other health effects from
animal studies, including anemia and damage to the
gastrointestinal tract, lymph nodes, and liver;
(7) nearly 2 decades before the date of enactment of this
Act, in 1991, the Environmental Protection Agency established a
tap water standard for total chromium at 100 parts per billion;
(8) in 2009, the State of California proposed a public
health goal of 0.06 parts per billion for Chrome 6 in drinking
water, which is almost 1,700 times lower than the standard for
total chromium established by the Environmental Protection
Agency;
(9) in 2010, the State of California proposed a public
health goal of 0.02 parts per billion for Chrome 6 in drinking
water and stated that ``new research has documented that young
children and other sensitive populations are more susceptible
than the general population to health risks from exposure to
carcinogens'';
(10) in 2011, the State of California established a final
public health goal of 0.02 parts per billion for Chrome 6 in
drinking water;
(11) a December 2010 report from a nonprofit organization,
which represents a snapshot in time for water quality, tested
tap water in 35 cities across the United States for chromium
and Chrome 6 and found that--
(A) the majority of chromium in drinking water was
Chrome 6; and
(B) tap water in 31 cities across the country
contained Chrome 6, of which the 10 cities with the
highest levels were--
(i) Norman, Oklahoma;
(ii) Honolulu, Hawaii;
(iii) Riverside, California;
(iv) Madison, Wisconsin;
(v) San Jose, California;
(vi) Tallahassee, Florida;
(vii) Omaha, Nebraska;
(viii) Albuquerque, New Mexico;
(ix) Pittsburgh, Pennsylvania; and
(x) Bend, Oregon; and
(12) tap water from 25 cities had levels of Chrome 6 above
the 2009 proposed public health goal of the State of
California.
(b) Purpose.--The purpose of this Act is to require the
Administrator of the Environmental Protection Agency to establish--
(1) by not later than 90 days after the date of enactment
of this Act, a health advisory for hexavalent chromium in
drinking water that--
(A) is fully protective of, and considers, the body
weight and exposure patterns of pregnant women,
infants, and children;
(B) provides an adequate margin of safety; and
(C) takes into account all routes of exposure to
hexavalent chromium; and
(2) by not later than 1 year after the date of enactment of
this Act, a national primary drinking water regulation for
hexavalent chromium that fully protects pregnant women,
infants, and children, taking into consideration body weight,
exposure patterns, and all routes of exposure to hexavalent
chromium.
SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION
FOR HEXAVALENT CHROMIUM.
Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(12)) is amended by adding at the end the following:
``(C) Hexavalent chromium.--
``(i) Health advisory.--Notwithstanding any
other provision of this section, not later than
90 days after the date of enactment of this
subparagraph, the Administrator shall publish a
health advisory for hexavalent chromium that is
fully protective, with an adequate margin of
safety, of the health of vulnerable individuals
(including pregnant women, infants, and
children), taking into consideration body
weight, exposure patterns, and all routes of
exposure.
``(ii) Proposed regulations.--
Notwithstanding any other provision of this
section, the Administrator shall propose (not
later than 180 days after the date of enactment
of this subparagraph) and shall finalize (not
later than 1 year after the date of enactment
of this subparagraph) a national primary
drinking water regulation for hexavalent
chromium--
``(I) that based on the factors in
clause (i) and other relevant data, is
protective, with an adequate margin of
safety, of vulnerable individuals
(including pregnant women, infants, and
children); and
``(II) the maximum contaminant
level of which is as close to the
maximum contaminant level goal for
hexavalent chromium, and as protective
of vulnerable individuals, as is
feasible.''. | Protecting Pregnant Women and Children From Hexavalent Chromium Act of 2012 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for hexavalent chromium that is fully protective of the health of vulnerable individuals (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and (2) establish a national primary drinking water regulation for hexavalent chromium that is protective of vulnerable individuals and the maximum contaminant level of which is as close to the maximum contaminant level goal for hexavalent chromium, and as protective of vulnerable individuals, as is feasible. | {"src": "billsum_train", "title": "To amend the Safe Drinking Water Act to protect the health of vulnerable individuals, including pregnant women, infants, and children, by requiring a health advisory and drinking water standard for hexavalent chromium."} | 1,554 | 166 | 0.510755 | 1.505845 | 0.74221 | 5.364341 | 10.651163 | 0.976744 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contractors and Federal Spending
Accountability Act of 2008''.
SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT
OFFICIALS.
(a) In General.--Subject to the authority, direction, and control
of the Director of the Office of Management and Budget, the
Administrator of General Services shall establish and maintain a
database of information regarding integrity and performance of persons
awarded Federal contracts and grants for use by Federal officials
having authority over contracts and grants.
(b) Persons Covered.--The database shall cover any person awarded a
Federal contract or grant if any information described in subsection
(c) exists with respect to such person.
(c) Information Included.--With respect to a person awarded a
Federal contract or grant, the database shall include information (in
the form of a brief description) for at least the most recent 5-year
period regarding--
(1) any civil or criminal proceeding, or any administrative
proceeding to the extent that such proceeding results in both a
finding of fault on the part of the person and the payment of
restitution to a government of $5,000 or more, concluded by the
Federal Government or any State government against the person,
and any amount paid by the person to the Federal Government or
a State government;
(2) all Federal contracts and grants awarded to the person
that were terminated in such period due to default;
(3) all Federal suspensions and debarments of the person in
that period;
(4) all Federal administrative agreements entered into by
the person and the Federal Government in that period to resolve
a suspension or debarment proceeding and, to the maximum extent
practicable, agreements involving a suspension or debarment
proceeding entered into by the person and a State government in
that period; and
(5) all final findings by a Federal official in that period
that the person has been determined not to be a responsible
source under either subparagraph (C) or (D) of section 4(7) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(7)).
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Administrator shall
design and maintain the database in a manner that allows the
appropriate officials of each Federal agency to directly input
and update in the database information relating to actions it
has taken with regard to contractors or grant recipients.
(2) Timeliness and accuracy.--The Administrator shall
develop policies to require--
(A) the timely and accurate input of information
into the database;
(B) notification of any covered person when
information relevant to the person is entered into the
database; and
(C) an opportunity for any covered person to append
comments to information about such person in the
database.
(e) Availability.--
(1) Availability to all federal agencies.--The
Administrator shall make the database available to all Federal
agencies.
(2) Availability to the public.--The Administrator shall
make the database available to the public by posting the
database on the General Services Administration website.
(3) Limitation.--This subsection does not require the
public availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States Code.
SEC. 3. REVIEW OF DATABASE.
(a) Requirement to Review Database.--Prior to the award of a
contract or grant, an official responsible for awarding a contract or
grant shall review the database established under section 2.
(b) Requirement to Document Present Responsibility.--In the case of
a prospective awardee of a contract or grant against which a judgment
or conviction has been rendered more than once within any 3-year period
for the same or similar offences, if each judgment or conviction is a
cause for debarment, the official responsible for awarding the contract
or grant shall document why the prospective awardee is considered
presently responsible.
SEC. 4. DISCLOSURE IN APPLICATIONS.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, Federal regulations shall be amended to require
that in applying for any Federal grant or submitting a proposal or bid
for any Federal contract a person shall disclose in writing information
described in section 2(c).
(b) Covered Contracts and Grants.--This section shall apply only to
contracts and grants in an amount greater than the simplified
acquisition threshold, as defined in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 401(11)).
SEC. 5. ROLE OF INTERAGENCY COMMITTEE.
(a) Requirement.--The Interagency Committee on Debarment and
Suspension shall--
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering into
cooperative efforts to pool resources and achieve operational
efficiencies in the Governmentwide suspension and debarment
system;
(4) recommend to the Office of Management and Budget
changes to Government suspension and debarment system and its
rules, if such recommendations are approved by a majority of
the Interagency Committee;
(5) authorize the Office of Management and Budget to issue
guidelines that implement those recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the Interagency
Committee to carry out its functions; and
(7) submit to the Congress an annual report on--
(A) the progress and efforts to improve the
suspension and debarment system;
(B) member agencies' active participation in the
committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment system.
(b) Definition.--The term ``Interagency Committee on Debarment and
Suspension'' means such committee constituted under sections 4 and 5
and of Executive Order 12549.
SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES.
Any agency, commission, or organization of the Federal Government
to which Executive Order 12549 does not apply is authorized to
participate in the Governmentwide suspension and debarment system and
may recognize the suspension or debarment issued by an executive branch
agency in its own procurement or assistance activities.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator of
General Services such funds as may be necessary to establish the
database described in section 2.
SEC. 8. REPORT TO CONGRESS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of General Services shall
submit to Congress a report.
(b) Contents of Report.--The report shall contain the following:
(1) A list of all databases that include information about
Federal contracting and Federal grants.
(2) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to create a centralized, comprehensive Federal
contracting and Federal grant database.
Passed the House of Representatives April 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Contractors and Federal Spending Accountability Act of 2008 - (Sec. 2) Requires the Administrator of General Services, subject to the authority of the Director of the Office of Management and Budget (OMB), to establish and maintain on a General Services Administration (GSA) website a database of information regarding the integrity and performance of persons awarded federal contracts and grants for use by federal officials. Authorizes appropriations. Requires the Administrator to make the database available to all federal agencies.
Requires the database to include information, for the last five years, regarding: (1) any civil or criminal proceeding, or and administrative proceeding resulting in a finding of fault and payment of restitution to a government of $5,000 or more, concluded by the federal government and state governments against such persons; and (2) federal contacts and grants terminated due to defaults by such persons; (3) federal suspensions and debarments of such persons; (4) federal and state administrative agreements to resolve suspension or debarment proceedings; and (5) final findings by a federal official that such a person has been determined not to be a responsible source under the Office of Federal Procurement Policy Act.
Requires federal regulations to be amended to require applicants for federal grants or contracts exceeding the simplified acquisition threshold to disclose such information in writing.
Requires the Administrator to develop policies to require: (1) notification of any covered person when information relevant to the person is entered into the database; and (2) an opportunity for any covered person to append comments to information about such person in the database.
(Sec. 3) Requires an official to: (1) review such database prior to awarding a contract or grant; and (2) document why a prospective contract or grant awardee against whom a judgment or conviction for the same offense, or similar offences, has been rendered more than once within any three-year period, if each judgment or conviction is a cause for debarment, is considered presently responsible.
(Sec. 5) Requires the Interagency Committee on Debarment and Suspension to: (1) resolve issues regarding determination of the lead agency responsible for initiating suspension or debarment proceedings; (2) coordinate actions among interested agencies; (3) encourage and assist federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the government-wide suspension and debarment system; (4) recommend to OMB changes to such system and its rules; (5) authorize OMB to issue guidelines that implement such recommendations; (6) authorize the Committee's chair to establish subcommittees; and (7) report to Congress annually on progress and efforts to improve such system, member agencies' active participation in the committee's work, and a summary of each agency's activities and accomplishments in such system. (Sec. 6) Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to participate and to recognize suspensions or debarments issued by participating agencies.
(Sec. 8) Requires the Administrator to submit a report to Congress that includes: (1) a list of all databases that include information about federal contracting and grants; and (2) recommendations for legislation or administrative action to create a centralized, comprehensive federal contracting and grant database. | {"src": "billsum_train", "title": "To improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system."} | 1,593 | 709 | 0.731532 | 2.843884 | 0.728872 | 4.193344 | 2.269414 | 0.935024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Information Disclosure
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Thousands of computer systems, software, and
semiconductors are not capable of recognizing certain dates in
1999 and after December 31, 1999, and will read dates in the
year 2000 and thereafter as if they represent the year 1900 or
thereafter. This could cripple systems that are essential to
the functioning of markets, commerce, consumer products,
utilities, government, and safety systems in the United States
and throughout the world. Reprogramming or replacing affected
systems before this problem cripples essential systems is a
matter of national and global interest.
(2) The prompt and thorough disclosure and exchange of
information related to Year 2000 readiness of entities,
products, and services would greatly enhance the ability of
public and private entities to improve their Year 2000
readiness and, thus, is a matter of national importance and a
vital factor in minimizing disruption to the Nation's economic
well-being.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of Year 2000
compliance information is impeding the disclosure and exchange
of such information.
(4) The capability to freely disseminate and exchange
information relating to Year 2000 readiness with the public and
with other companies without undue concern about litigation is
critical to the ability of public and private entities to
address Year 2000 needs in a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the disclosure and exchange of
Year 2000 readiness information that will promote disclosures
and exchanges of such information in a timely fashion.
(b) Purposes.--Based upon the powers contained in Article I,
Section 8, Clause 3 of the United States Constitution, the purposes of
this Act are to promote the free disclosure and exchange of information
related to Year 2000 readiness and to lessen burdens on interstate
commerce by establishing certain uniform legal principles in connection
with the disclosure and exchange of information related to Year 2000
readiness.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Year 2000 statement.--The term ``Year 2000 statement''
means any statement--
(A) concerning an assessment, projection, or
estimate concerning Year 2000 processing capabilities
of any entity or entities, product, or service, or a
set of products or services;
(B) concerning plans, objectives, or timetables for
implementing or verifying the Year 2000 processing
capabilities of an entity or entities, a product, or
service, or a set of products or services; or
(C) concerning test plans, test dates, test
results, or operational problems or solutions related
to Year 2000 processing by--
(i) products; or
(ii) services that incorporate or utilize
products.
(2) Statement.--The term ``statement'' means a disclosure
or other conveyance of information by 1 party to another or to
the public, in any form or medium whatsoever, excluding, for
the purposes of any actions brought under the securities laws,
as that term is defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), documents or
materials filed with the Securities and Exchange Commission, or
with Federal banking regulators pursuant to section 12(i)
of the Securities Exchange Act of 1934, or disclosures or writings made
specifically in connection with the sale or offering of securities.
(3) Year 2000 processing.--The term ``Year 2000
processing'' means the processing (including, without
limitation, calculating, comparing, sequencing, displaying, or
storing), transmitting, or receiving of date or date/time data
from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000, and leap year
calculations.
(4) Year 2000 internet website.--The term ``Year 2000
Internet website'' means an Internet website or other similar
electronically accessible service, designated on the website or
service by the person creating or controlling the website or
service as an area where Year 2000 statements and other
information about the Year 2000 processing capabilities of an
entity or entities, a product, service, or a set of products or
services, are posted or otherwise made accessible to the
general public.
(5) Covered action.--The term ``covered action'' means a
civil action arising under Federal or State, law except for any
civil action arising under Federal or State law brought by a
Federal, State, or other public entity, agency, or authority
acting in a regulatory, supervisory, or enforcement capacity.
(6) Republication.--The term ``republication'' means any
repetition of a statement originally made by another.
(7) Consumer.--The term ``consumer'' means an individual
who buys a consumer product other than for purposes of resale.
(8) Consumer product.--The term ``consumer product'' means
any personal property or service which is normally used for
personal, family, or household purposes.
SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
(a) In General.--Except as otherwise provided in subsection (c), in
any covered action, to the extent such action is based on an allegedly
false, inaccurate, or misleading Year 2000 statement, the maker of any
such statement shall not be liable under Federal or State law with
respect thereto unless the claimant establishes, in addition to all
other requisite elements of the applicable action, that the statement
was material, and--
(1) where the statement was not a republication, that the
statement was--
(A) made with knowledge that the statement was
false, inaccurate, or misleading;
(B) made with an intent to mislead or deceive; or
(C) made with a grossly negligent failure to
determine or verify that the statement was accurate and
not false or misleading; and
(2) where the statement was a republication of a statement
regarding a third party, that the republication was made--
(A) with knowledge that the statement was false,
inaccurate, or misleading; or
(B) without a disclosure by the maker that the
republished or repeated statement is based on
information supplied by another and that the maker has
not verified the statement.
(b) Year 2000 Internet Website.--In any covered action in which the
adequacy of notice about Year 2000 processing is at issue and no
clearly more effective method of notice is practicable, the posting of
a notice by the entity purporting to have provided such notice on that
entity's Year 2000 Internet website shall be presumed to be an adequate
mechanism for providing such notice. Nothing in this subsection shall--
(1) alter or amend any Federal or State statute or
regulation requiring that notice about Year 2000 processing be
provided using a different mechanism;
(2) create a duty to provide notice about Year 2000
processing;
(3) preclude or suggest the use of any other medium for
notice about Year 2000 processing or require the use of an
Internet website; or
(4) mandate the content or timing of any notices about Year
2000 processing.
(c) Defamation or Similar Claims.--In any covered action arising
under any Federal or State law of defamation, or any Federal or State
law relating to trade disparagement or a similar claim, to the extent
such action is based on an allegedly false Year 2000 statement, whether
oral or published in any medium, the maker of any such Year 2000
statement shall not be liable with respect to such statement, unless
the claimant establishes by clear and convincing evidence, in addition
to all other requisite elements of the applicable action, that the
statement was made with knowledge that the statement was false or with
reckless disregard as to its truth or falsity.
(d) Limitation on Effect of Year 2000 Statements.--In any covered
action, no Year 2000 statement shall be interpreted or construed as an
amendment to or alteration of a written contract or written warranty,
whether entered into by a public or private party. This subsection
shall not apply--
(1) to the extent the party whose statement is alleged to
have amended or altered a contract or warranty has otherwise
agreed in writing to so alter or amend the written contract or
written warranty;
(2) to Year 2000 statements made in conjunction with the
formation of the written contract or written warranty; or
(3) where the contract or warranty specifically provides
for its amendment or alteration through the making of a Year
2000 statement.
Existing law shall apply to determine what effect, if any, a Year 2000
statement within the scope of paragraph (1), (2), or (3) has on a
written contract or written warranty.
(e) Special Data Gathering.--A Federal entity, agency, or authority
may expressly designate requests for the voluntary provision of
information relating to Year 2000 processing (including without
limitation, Year 2000 statements) as ``Special Year 2000 Data Gathering
Requests'' made pursuant to this subsection. Information provided in
response to such requests shall be prohibited from disclosure under the
Freedom of Information Act (5 U.S.C. 552 et seq.), and may not be used
by any Federal entity, agency, or authority, directly or indirectly, in
any civil action arising under any Federal or State law: Provided,
however, That nothing in this subsection shall preclude a Federal
entity, agency, or authority from separately obtaining the information
submitted in response to this subsection through the use of independent
legal authorities and using such separately obtained information in any
action.
SEC. 5. EXCLUSIONS.
(a) Consumer Information.--This Act does not cover statements made
directly to a consumer in connection with the sale of a consumer
product by the seller or manufacturer or provider of the consumer
product.
(b) Effect on Information Disclosure.--This Act does not affect,
abrogate, amend, or alter, and shall not be construed to affect,
abrogate, amend, or alter, the authority of a Federal or State entity,
agency, or authority to enforce a requirement to provide, disclose, or
not to disclose, information under a Federal or State statute or
regulation or to enforce such statute or regulation.
(c) Contracts and Other Claims.--Except as may be otherwise
provided in subsection 4(d), this Act does not affect, abrogate, amend,
or alter, and shall not be construed to affect, abrogate, amend, or
alter, any right by written contract, whether entered into by a public
or private party, under any Federal or State law, nor shall it preclude
claims not based solely on Year 2000 statements.
(d) Duty or Standard of Care.--This Act shall not be deemed to
impose upon the maker or publisher of any Year 2000 statement any
increased obligation, duty, or standard of care than is otherwise
applicable under Federal or State law. Nor does this Act preclude any
party from making or providing any additional disclaimer or like
provisions in connection with any Year 2000 statement.
(e) Trademarks.--This Act does not affect, abrogate, amend, or
alter, and shall not be construed to affect, abrogate, amend, or alter,
any right in a trademark, trade name, or service mark, under any
Federal or State law.
(f) Injunctive Relief.--Nothing in this Act shall be deemed to
preclude a claimant from seeking temporary or permanent injunctive
relief with respect to a Year 2000 statement.
SEC. 6. APPLICABILITY.
This Act shall apply to any Year 2000 statement made on or after
July 14, 1998, through July 14, 2001. This Act shall not affect or
apply to any action pending on July 14, 1998. | Year 2000 Information Disclosure Act - Provides that, in any covered civil action based on an allegedly false, inaccurate, or misleading statement concerning Year 2000 computer compliance information (Y2K problem), the maker of such statement shall not be liable unless the claimant establishes that the statement: (1) was material; (2) where not a republication, was made with knowledge that it was false, inaccurate, or misleading, with an intent to mislead or deceive, or with a grossly negligent failure to determine or verify its accuracy; and (3) where it was a republication of a statement regarding a third party, was made with knowledge that it was false, inaccurate, or misleading and without disclosure that it was based on information supplied by another and that the maker has not verified the statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet website shall be presumed to be an adequate mechanism for providing such notice.
Provides that, in any covered action arising under any Federal or State defamation law or law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, the maker shall not be liable unless the claimant establishes by clear and convincing evidence that the statement was made with knowledge that it was false or with reckless disregard of its truth.
Prohibits in any covered action a Year 2000 statement from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party (with exceptions).
Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests," thereby protecting information received from such requests from: (1) disclosure under the Freedom of Information Act; and (2) use by any Federal entity, agency, or authority in any civil action arising under any Federal or State law (with an exception).
Provides exclusions from this Act.
Makes this Act applicable to any Year 2000 statement made on or after July 14, 1998, through July 14, 2001. | {"src": "billsum_train", "title": "Year 2000 Information Disclosure Act"} | 2,555 | 514 | 0.476284 | 1.807839 | 0.532153 | 5.727074 | 5.264192 | 0.967249 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Preservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes are precious public natural resources,
and are renewable but finite bodies of water that should be
protected, conserved, and managed for the use, benefit, and
enjoyment of all present and future generations of people of
the United States;
(2) the Great Lakes are crucial to the economies of the
Great Lakes States for recreation, commercial shipping,
industrial, and agricultural uses;
(3) the Great Lakes contain \1/5\ of the world's fresh
water supply and are a vital source of safe drinking water for
millions of people;
(4) the Great Lakes Charter of 1985 is a voluntary
international agreement that provides the procedural framework
for notice and consultation by the Great Lakes States and the
Great Lakes Provinces concerning the diversion of the water of
the Great Lakes basin;
(5) the Governors of the Great Lakes States and the
Premiers of the Great Lakes Provinces have based decisions on
proposals to withdraw, divert, or use Great Lakes water on the
extent to which the proposals conserve and protect water and
water-dependent natural resources of the Great Lakes basin; and
(6) decisionmaking concerning Great Lakes water should
remain vested in the Governors of the Great Lakes States, who
manage the water and resources on a day-to-day basis.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Bulk fresh water.--The term ``bulk fresh water'' means
fresh water extracted in quantities intended for transportation
by tanker or similar form of mass transportation, without
further processing.
(3) From the great lakes basin.--The term ``from the Great
Lakes basin'', with respect to water, means--
(A) water from Lake Erie, Lake Huron, Lake
Michigan, Lake Ontario, Lake St. Clair, or Lake
Superior;
(B) water from any interconnecting waterway within
any watercourse that drains into or between any of
those lakes; and
(C) water from a tributary surface or underground
channel or area that drains into or comprises part of
any watershed that drains into any of those lakes.
(4) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario (including the Saint Lawrence
River from Lake Ontario to the 45th parallel of
latitude); and
(E) Lake Superior.
(5) Great lakes province.--The term ``Great Lakes
Province'' means the Province of Ontario or Quebec, Canada.
(6) Great lakes state.--The term ``Great Lakes State''
means the State of Illinois, Indiana, Michigan, Minnesota, New
York, Ohio, Pennsylvania, or Wisconsin.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 4. MORATORIUM ON EXPORT OF BULK FRESH WATER.
(a) In General.--Bulk fresh water from the Great Lakes basin shall
not be exported from the United States.
(b) Sunset Provision.--Subsection (a) shall cease to be effective
on the date of enactment of an Act of Congress approving the operation
of a mechanism and conservation standard for making decisions
concerning the withdrawal, diversion, and use of water of the Great
Lakes that has been agreed to by each of the Governors of the Great
Lakes States, acting in cooperation with the Premiers of the Great
Lakes Provinces.
(c) Sense of Congress.--It is the sense of Congress that the
Federal Government should enter into an agreement with the Government
of Canada stating that the United States and Canada shall abide by the
terms of the moratorium under subsection (a) until the date specified
in subsection (b).
SEC. 5. PRESERVATION OF HISTORIC GREAT LAKES LIGHTHOUSES.
(a) Findings.--Congress finds that--
(1) the Great Lakes have greatly influenced settlement,
commerce, transportation, industry, and recreation throughout
the rich maritime history of the Great Lakes States;
(2) lighthouses in Great Lakes States have helped mariners
navigate dangerous shoals and find safe harbors for decades and
are an important part of the maritime history of the Great
Lakes;
(3) many of the lighthouses have historical or
architectural significance; and
(4) the future of the lighthouses is uncertain because many
are in poor condition because of neglect and deterioration.
(b) Study.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall
conduct and submit to Congress a study to identify options to preserve
the lighthouses in the Great Lakes States.
(c) Procedure.--In conducting the study under subsection (b), the
Secretary shall--
(1) review programs, policies, and standards of the
National Park Service to determine the most appropriate means
of ensuring that the lighthouses (including any associated
natural, cultural, and historical resources) are preserved; and
(2) consult with--
(A) State and local historical associations and
societies in the Great Lakes States;
(B) historic preservation agencies in the Great
Lakes States;
(C) the Commandant of the Coast Guard; and
(D) other appropriate entities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Great Lakes Preservation Act - Prohibits the export from the United States of bulk fresh water from the Great Lakes basin. Expresses the sense of Congress that the U.S. Government should enter into an agreement with Canada stating that the two nations shall abide by the terms of this moratorium until Congress enacts legislation approving the operation of a standard for making Great Lakes water use decisions that has been agreed to by each of the Governors of the Great Lakes States, in cooperation with the Premiers of the Provinces of Ontario and Quebec.Requires the Secretary of the Interior to conduct a study to identify options to preserve the lighthouses in the Great Lakes States. | {"src": "billsum_train", "title": "A bill to establish programs to protect the resources of and areas surrounding the Great Lakes."} | 1,252 | 153 | 0.480811 | 1.428428 | 0.638701 | 4.983333 | 9.625 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study Family
Reconstruction Proposals for African-Americans Unjustly Impacted by the
`War on Drugs' Act of 2016''.
SEC. 2. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Commission to Study
Family Reconstruction Proposals for African-Americans Unjustly Impacted
by the ``War on Drugs'' (hereinafter in this Act referred to as the
``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Examine the disparate incarceration and the institution
of forced prison labor which has existed within the African-
American community in the United States since the ratification
of Amendment XIII to the United States Constitution on December
6, 1865. The Commission's examination shall include an
examination of--
(A) the rates of arrest and imprisonment of
African-Americans compared to the broader American
public for drug crimes;
(B) the rates at which African-Americans were
imprisoned for comparable crimes to non-African-
Americans;
(C) the rates at which African-Americans were
imprisoned due to mandatory minimums and how these
minimums differed from comparable charges; and
(D) the financial and sociological impact of these
conditions on African-American prisoners and their
families.
(2) Examine the extent to which the Federal and State
governments of the United States have supported the mass
incarceration of African-Americans, the extent to which such
governments have profited, both through cost-savings and direct
revenue, and the extent to which said revenue was used to
reduce recidivism and encourage post-incarceration
reintegration.
(3) Examine the extent to which private corporations have
supported the mass incarceration of African-Americans, the
extent to which such corporations have profited, both through
cost-savings and direct revenue, and the extent to which said
revenue was used to reduce recidivism and encourage post-
incarceration reintegration.
(4) Examine Federal and State laws that have discriminated
against African-American prisoners and their families.
(5) Examine other forms of discrimination in the public and
private sectors against freed African-American prisoners and
their families.
(6) Examine the lingering negative effects of the mass
incarceration of African-Americans.
(7) Recommend appropriate ways to educate the American
public of the Commission's findings.
(8) Recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1), (2), (3), and (4). In making such recommendations, the
Commission shall address among other issues, the following
questions:
(A) Whether the Government of the United States
should offer a formal apology on behalf of the people
of the United States to the African-American victims of
the ``War on Drugs'' and their descendants.
(B) Whether African-Americans and the broader
African-American community still suffer from the
lingering effects of the matters described in
paragraphs (1), (2), (3), and (4).
(C) Whether, in consideration of the Commission's
findings, any form of compensation to the victims of
the ``War on Drugs'' and their descendants is
warranted.
(D) If the Commission finds that such compensation
is warranted, what should be the amount of
compensation, what form of compensation should be
awarded, and who should be eligible for such
compensation.
(c) Report to Congress.--The Commission shall submit a written
report of its findings and recommendations to the Congress not later
than the date which is one year after the date of the first meeting of
the Commission held pursuant to section 4(c). Such report shall also be
made available to the public via the Commission's website.
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--(1) The Commission shall be composed
of 15 members, who shall be appointed within 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the President.
(B) Three members shall be appointed by the Speaker of the
House of Representatives.
(C) Three members shall be appointed by the President pro
tempore of the Senate.
(D) Three members shall be appointed by the Minority Leader
of the House of Representatives.
(E) Three members shall be appointed by the Minority Leader
of the Senate.
(2) All members of the Commission shall be persons who are
especially qualified to serve on the Commission by virtue of their
education, training, or experience, particularly in the field of
African-American studies, Sociology, and/or Economics.
(b) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect the powers
of the Commission and shall be filled in the same manner in which the
original appointment was made.
(c) First Meeting.--The President shall call the first meeting of
the Commission within 120 days after the date of the enactment of this
Act or within 30 days after the date on which legislation is enacted
making appropriations to carry out this Act, whichever date is later.
(d) Quorum.--Eight members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members. The term of office of each shall be
for the life of the Commission.
(f) Compensation.--(1) Except as provided in paragraph (2), each
member of the Commission shall receive compensation at the daily
equivalent of the annual rate of basic pay payable for GS-18 of the
General Schedule under section 5332 of title 5, United States Code, for
each day, including travel time, during which he or she is engaged in
the actual performance of duties vested in the Commission.
(2) A member of the Commission who is a full-time officer or
employee of the United States or a Member of Congress shall receive no
additional pay, allowances, or benefits by reason of his or her service
to the Commission.
(3) All members of the Commission shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties to the extent authorized by chapter 57 of
title 5, United States Code.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and at such places in the United States, and request
the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memoranda, papers, and documents,
as the Commission considers appropriate. The Commission may request the
Attorney General to invoke the aid of an appropriate United States
district court to require, by subpoena or otherwise, such attendance,
testimony, or production.
(b) Powers of Subcommittees and Members.--Any subcommittee or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may acquire directly
from the head of any department, agency, or instrumentality of the
Federal Government, available information which the Commission
considers useful in the discharge of its duties. All departments,
agencies, and instrumentalities of the Federal Government shall
cooperate with the Commission with respect to such information and
shall furnish all information requested by the Commission to the extent
permitted by law.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and 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 the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator.
(e) Contracts.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriations
Acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriations Acts.
SEC. 6. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to the Congress under section 3(c). The
Commission's report shall continue to be available via a publicly
accessible website.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this Act, there are authorized to be
appropriated $10,000,000. | Commission to Study Family Reconstruction Proposals for African-Americans Unjustly Impacted by the "War on Drugs" Act of 2016 This bill establishes a commission to examine and report on: the disparate incarceration and the institution of forced prison labor within the African-American community, government and private sector support for and profit from mass incarceration, discriminatory laws and other forms of discrimination in the public and private sectors, and the lingering negative effects of mass incarceration. The commission must make recommendations for education and remedies. | {"src": "billsum_train", "title": "Commission to Study Family Reconstruction Proposals for African-Americans Unjustly Impacted by the \"War on Drugs\" Act of 2016"} | 2,199 | 127 | 0.603001 | 1.808383 | 0.686233 | 3.589474 | 21.736842 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Department of
Homeland Security Secure Mail Initiative Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Hold for Pickup service'' and ``Signature
Confirmation service'' mean the services described in sections
507.3.0 and 503.8.1.1.a, respectively, of the Domestic Mail
Manual (or any successor services);
(2) the term ``Immigration Examinations Fee Account'' means
the account established under section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m));
(3) the term ``Postal Service'' means the United States
Postal Service; and
(4) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION SERVICES
UNDER THE SECURE MAIL INITIATIVE.
(a) In General.--Beginning not later than 1 year after the date of
enactment of this Act, the Secretary shall provide for an option under
the Secure Mail Initiative (or any successor program) under which a
person to whom a document is sent under that initiative may elect,
except as provided in subsection (e), to have the Postal Service use
the Hold for Pickup service or the Signature Confirmation service in
delivering the document.
(b) Fee.--
(1) In general.--The Secretary, in accordance with section
286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)), shall require the payment of a fee from a person
electing a service under subsection (a), which shall be set at
a level that ensures recovery of--
(A) the full costs of providing all such services;
and
(B) any additional costs associated with the
administration of the fees collected.
(2) Allocation of funds.--Of the fees collected under
paragraph (1), the Secretary shall--
(A) deposit as offsetting receipts into the
Immigration Examinations Fee Account the portion
representing--
(i) the cost to the Secretary of providing
the services under subsection (a); and
(ii) any additional costs associated with
the administration of the fees collected; and
(B) transfer to the Postal Service the portion
representing the cost to the Postal Service of
providing the services under subsection (a).
(c) Regulations.--The Postal Service may promulgate regulations
that--
(1) subject to paragraph (2), minimize the cost of
providing the services under subsection (a); and
(2) do not require the Postal Service to incur additional
expenses that are not recoverable under subsection (b).
(d) Notice of Changes.--The Postal Service shall notify the
Secretary of any changes to the Hold for Pickup service or the
Signature Confirmation service.
(e) Use of Private Carrier.--
(1) In general.--If the Secretary determines that a private
carrier that offers substantially similar services to the Hold
for Pickup and Signature Confirmation services would provide
better service and value than the Postal Service provides under
subsection (a), the Secretary may, in accordance with paragraph
(2) of this subsection--
(A) discontinue use of the services of the Postal
Service under subsection (a); and
(B) enter into a contract with the private carrier
under which a person to whom a document is sent under
the Secure Mail Initiative (or any successor program)
may elect to have the private carrier use one of the
substantially similar services in delivering the
document.
(2) Requirements.--The Secretary may not exercise the
authority under paragraph (1) unless the Secretary--
(A) determines, and notifies the Postal Service,
that the private carrier offers services that are
substantially similar to the Hold for Pickup and
Signature Confirmation services;
(B) provides for an option under the Secure Mail
Initiative (or any successor program) under which a
person to whom a document is sent under that initiative
may elect a service under paragraph (1)(B);
(C) requires the payment of a fee from a person
electing a service under paragraph (1)(B), which shall
be set at a level that ensures recovery of--
(i) the full cost of contracting with the
private carrier to provide all such services;
and
(ii) any additional costs associated with
the administration of the fees collected; and
(D) deposits the fees collected under subparagraph
(C) as offsetting receipts into the Immigration
Examinations Fees Account.
SEC. 4. REPORT.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report that describes--
(1) the implementation of the requirements under section 3;
(2) the fee imposed under subsection (b) or (e)(2)(C), as
applicable, of section 3; and
(3) the number of times during the previous year that a
person used a service under subsection (a) or (e)(1)(B) of
section 3.
Passed the Senate December 21, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 1208
_______________________________________________________________________
AN ACT
To direct the Secretary of Homeland Security to provide for an option
under the Secure Mail Initiative under which a person to whom a
document is sent under that initiative may elect to have the United
States Postal Service use the Hold for Pickup service or the Signature
Confirmation service in delivering the document, and for other
purposes. | (This measure has not been amended since it was reported to the Senate on October 16, 2017. Strengthening the Department of Homeland Security Secure Mail Initiative Act (Sec. 3) This bill directs the Department of Homeland Security (DHS) to provide for an option under which a person to whom a document is sent under the Secure Mail Initiative may elect to have the U.S. Postal Service (USPS) use the Hold for Pickup service or the Signature Confirmation service in delivering the document. DHS shall require payment of a fee for such services, which shall be deposited into the Immigration Examinations Fee Account and used to cover DHS and USPS costs of providing such services. The USPS: (1) may promulgate regulations that minimize such costs and do not require it to incur additional expenses that are not recoverable, and (2) shall notify DHS of any changes to such services. If DHS determines that substantially similar services offered by a private carrier would provide better service and value than the USPS services, it may discontinue use of the USPS services and enter into a contract with the private carrier. (Sec. 4) DHS must report to Congress within two years of this bill's enactment describing the implementation of requirements under this bill, the fee imposed, and the number of times during the previous year that a person used a service under this bill. | {"src": "billsum_train", "title": "Strengthening the Department of Homeland Security Secure Mail Initiative Act"} | 1,220 | 300 | 0.619963 | 1.975063 | 0.748969 | 3.56705 | 4.555556 | 0.83908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Checking Freedom Act of
2003''.
SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL
BUSINESSES.
(a) Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Notwithstanding any other provision of law, any depository
institution may permit the owner of any deposit or account which is a
deposit or account on which interest or dividends are paid and is not a
deposit or account described in subsection (a)(2) to make up to 24
transfers per month (or such greater number as the Board of Governors
of the Federal Reserve System may determine by rule or order), for any
purpose, to another account of the owner in the same institution. An
account offered pursuant to this subsection shall be considered a
transaction account for purposes of section 19 of the Federal Reserve
Act unless the Board of Governors of the Federal Reserve System
determines otherwise.''.
(b) Effective at the end of the 2-year period beginning on the date
of the enactment of this Act, section 2 of Public Law 93-100 (12 U.S.C.
1832) is amended--
(1) in subsection (a)(1), by striking ``but subject to
paragraph (2)'';
(2) by striking paragraph (2) of subsection (a) and
inserting the following new paragraph:
``(2) No provision of this section may be construed as
conferring the authority to offer demand deposit accounts to
any institution that is prohibited by law from offering demand
deposit accounts.''; and
(3) in subsection (b) (as added by subsection (a) of this
section) by striking ``and is not a deposit or account
described in subsection (a)(2)''.
SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED.
(a) Repeal of Prohibition on Payment of Interest on Demand
Deposits.--
(1) Federal reserve act.--Section 19(i) of the Federal
Reserve Act (12 U.S.C. 371a) is amended to read as follows:
``(i) [Repealed]''.
(2) Home owners' loan act.--The first sentence of section
5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C.
1464(b)(1)(B)) is amended by striking ``savings association may
not--'' and all that follows through ``(ii) permit any'' and
inserting ``savings association may not permit any''.
(3) Federal deposit insurance act.--Section 18(g) of the
Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to
read as follows:
``(g) [Repealed]''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at the end of the 2-year period beginning on the date of
the enactment of this Act.
SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.
(a) In General.--Section 19(b) of the Federal Reserve Act (12
U.S.C. 461(b)) is amended by adding at the end the following new
paragraph:
``(12) Earnings on reserves.--
``(A) In general.--Balances maintained at a Federal
reserve bank by or on behalf of a depository
institution may receive earnings to be paid by the
Federal reserve bank at least once each calendar
quarter at a rate or rates not to exceed the general
level of short-term interest rates.
``(B) Regulations relating to payments and
distribution.--The Board may prescribe regulations
concerning--
``(i) the payment of earnings in accordance
with this paragraph;
``(ii) the distribution of such earnings to
the depository institutions which maintain
balances at such banks or on whose behalf such
balances are maintained; and
``(iii) the responsibilities of depository
institutions, Federal home loan banks, and the
National Credit Union Administration Central
Liquidity Facility with respect to the
crediting and distribution of earnings
attributable to balances maintained, in
accordance with subsection (c)(1)(A), in a
Federal reserve bank by any such entity on
behalf of depository institutions.
``(C) Depository institutions defined.--For
purposes of this paragraph, the term `depository
institution', in addition to the institutions described
in paragraph (1)(A), includes any trust company,
corporation organized under section 25A or having an
agreement with the Board under section 25, or any
branch or agency of a foreign bank (as defined in
section 1(b) of the International Banking Act of
1978).''.
(b) Authorization for Pass Through Reserves for Member Banks.--
Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B))
is amended by striking ``which is not a member bank''.
(c) Consumer Banking Costs Assessment.--
(1) In general.--The Federal Reserve Act (12 U.S.C. 221 et
seq.) is amended--
(A) by redesignating sections 30 and 31 as sections
31 and 32, respectively; and
(B) by inserting after section 29 the following new
section:
``SEC. 30. SURVEY OF BANK FEES AND SERVICES.
``(a) Annual Survey Required.--The Board of Governors of the
Federal Reserve System shall obtain annually a sample, which is
representative by type and size of the institution (including small
institutions) and geographic location, of the following retail banking
services and products provided by insured depository institutions and
insured credit unions (along with related fees and minimum balances):
``(1) Checking and other transaction accounts.
``(2) Negotiable order of withdrawal and savings accounts.
``(3) Automated teller machine transactions.
``(4) Other electronic transactions.
``(b) Minimum Survey Requirement.--The annual survey described in
subsection (a) shall meet the following minimum requirements:
``(1) Checking and other transaction accounts.--Data on
checking and transaction accounts shall include, at a minimum,
the following:
``(A) Monthly and annual fees and minimum balances
to avoid such fees.
``(B) Minimum opening balances.
``(C) Check processing fees.
``(D) Check printing fees.
``(E) Balance inquiry fees.
``(F) Fees imposed for using a teller or other
institution employee.
``(G) Stop payment order fees.
``(H) Nonsufficient fund fees.
``(I) Overdraft fees.
``(J) Deposit items returned fees.
``(K) Availability of no-cost or low-cost accounts
for consumers who maintain low balances.
``(2) Negotiable order of withdrawal accounts and savings
accounts.--Data on negotiable order of withdrawal accounts and
savings accounts shall include, at a minimum, the following:
``(A) Monthly and annual fees and minimum balances
to avoid such fees.
``(B) Minimum opening balances.
``(C) Rate at which interest is paid to consumers.
``(D) Check processing fees for negotiable order of
withdrawal accounts.
``(E) Fees imposed for using a teller or other
institution employee.
``(F) Availability of no-cost or low-cost accounts
for consumers who maintain low balances.
``(3) Automated teller transactions.--Data on automated
teller machine transactions shall include, at a minimum, the
following:
``(A) Monthly and annual fees.
``(B) Card fees.
``(C) Fees charged to customers for withdrawals,
deposits, and balance inquiries through institution-
owned machines.
``(D) Fees charged to customers for withdrawals,
deposits, and balance inquiries through machines owned
by others.
``(E) Fees charged to noncustomers for withdrawals,
deposits, and balance inquiries through institution-
owned machines.
``(F) Point-of-sale transaction fees.
``(4) Other electronic transactions.--Data on other
electronic transactions shall include, at a minimum, the
following:
``(A) Wire transfer fees.
``(B) Fees related to payments made over the
Internet or through other electronic means.
``(5) Other fees and charges.--Data on any other fees and
charges that the Board of Governors of the Federal Reserve
System determines to be appropriate to meet the purposes of
this section.
``(6) Federal reserve board authority.--The Board of
Governors of the Federal Reserve System may cease the
collection of information with regard to any particular fee or
charge specified in this subsection if the Board makes a
determination that, on the basis of changing practices in the
financial services industry, the collection of such information
is no longer necessary to accomplish the purposes of this
section.
``(c) Annual Report to Congress Required.--
``(1) Preparation.--The Board of Governors of the Federal
Reserve System shall prepare a report of the results of each
survey conducted pursuant to subsections (a) and (b) of this
section and section 136(b)(1) of the Consumer Credit Protection
Act.
``(2) Contents of the report.--In addition to the data
required to be collected pursuant to subsections (a) and (b),
each report prepared pursuant to paragraph (1) shall include a
description of any discernible trend, in the Nation as a whole,
in a representative sample of the 50 States (selected with due
regard for regional differences), and in each consolidated
metropolitan statistical area (as defined by the Director of
the Office of Management and Budget), in the cost and
availability of the retail banking services, including those
described in subsections (a) and (b) (including related fees
and minimum balances), that delineates differences between
institutions on the basis of the type of institution and the
size of the institution, between large and small institutions
of the same type, and any engagement of the institution in
multistate activity.
``(3) Submission to congress.--The Board of Governors of
the Federal Reserve System shall submit an annual report to the
Congress not later than June 1, 2005, and not later than June 1
of each subsequent year.
``(d) Definitions.--For purposes of this section, the term `insured
depository institution' has the meaning given such term in section 3 of
the Federal Deposit Insurance Act, and the term `insured credit union'
has the meaning given such term in section 101 of the Federal Credit
Union Act.''.
(2) Conforming amendment.--
(A) In general.--Paragraph (1) of section 136(b) of
the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is
amended to read as follows:
``(1) Collection required.--The Board shall collect, on a
semiannual basis, from a broad sample of financial institutions
which offer credit card services, credit card price and
availability information including--
``(A) the information required to be disclosed
under section 127(c) of this chapter;
``(B) the average total amount of finance charges
paid by consumers; and
``(C) the following credit card rates and fees:
``(i) Application fees.
``(ii) Annual percentage rates for cash
advances and balance transfers.
``(iii) Maximum annual percentage rate that
may be charged when an account is in default.
``(iv) Fees for the use of convenience
checks.
``(v) Fees for balance transfers.
``(vi) Fees for foreign currency
conversions.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on January 1, 2004.
(3) Repeal of other report provisions.--Section 1002 of
Financial Institutions Reform, Recovery, and Enforcement Act of
1989 and section 108 of the Riegle-Neal Interstate Banking and
Branching Efficiency Act of 1994 are hereby repealed.
(d) Technical and Conforming Amendments.--Section 19 of the Federal
Reserve Act (12 U.S.C. 461) is amended--
(1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking
subparagraph (C) and redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by
striking ``subsection (b)(4)(C)'' and inserting ``subsection
(b)''.
SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE
REQUIREMENTS.
Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(2)(A)) is amended--
(1) in clause (i), by striking ``the ratio of 3 per
centum'' and inserting ``a ratio not greater than 3 percent
(and which may be zero)''; and
(2) in clause (ii), by striking ``and not less than 8 per
centum,'' and inserting ``(and which may be zero),''.
SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES.
(a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C.
289(b)) is amended by adding at the end the following new paragraph:
``(4) Additional transfers to cover interest payments for
fiscal years 2003 through 2007.--
``(A) In general.--In addition to the amounts
required to be transferred from the surplus funds of
the Federal reserve banks pursuant to subsection
(a)(3), the Federal reserve banks shall transfer from
such surplus funds to the Board of Governors of the
Federal Reserve System for transfer to the Secretary of
the Treasury for deposit in the general fund of the
Treasury, such sums as are necessary to equal the net
cost of section 19(b)(12) in each of the fiscal years
2003 through 2007.
``(B) Allocation by federal reserve board.--Of the
total amount required to be paid by the Federal reserve
banks under subparagraph (A) for fiscal years 2003
through 2007, the Board of Governors of the Federal
Reserve System shall determine the amount each such
bank shall pay in such fiscal year.
``(C) Replenishment of surplus fund prohibited.--
During fiscal years 2003 through 2007, no Federal
reserve bank may replenish such bank's surplus fund by
the amount of any transfer by such bank under
subparagraph (A).''.
(b) Technical and Conforming Amendment.--Section 7(a) of the
Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end
the following new paragraph:
``(3) Payment to treasury.--During fiscal years 2003
through 2007, any amount in the surplus fund of any Federal
reserve bank in excess of the amount equal to 3 percent of the
paid-in capital and surplus of the member banks of such bank
shall be transferred to the Secretary of the Treasury for
deposit in the general fund of the Treasury.''.
SEC. 7. RULE OF CONSTRUCTION.
In the case of an escrow account maintained at a depository
institution in connection with a real estate transaction--
(1) the absorption, by the depository institution, of
expenses incidental to providing a normal banking service with
respect to such escrow account;
(2) the forbearance, by the depository institution, from
charging a fee for providing any such banking function; and
(3) any benefit which may accrue to the holder or the
beneficiary of such escrow account as a result of an action of
the depository institution described in subparagraph (1) or (2)
or similar in nature to such action,
shall not be treated as the payment or receipt of interest for purposes
of this Act and any provision of Public Law 93-100, the Federal Reserve
Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act
relating to the payment of interest on accounts or deposits at
depository institutions, provided, however, that nothing herein shall
be construed so as to require a depository institution that maintains
an escrow account in connection with a real estate transaction to pay
interest on such escrow account or to prohibit such institution from
paying interest on such escrow account. Nor shall anything herein be
construed to preempt the provisions of law of any State dealing with
the payment of interest on escrow accounts maintained in connection
with real estate transactions.
Passed the House of Representatives April 1, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was reported to the House on March 31, 2003. The summary of that version is repeated here.)Business Checking Freedom Act of 2003 - (Sec. 2) Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month (or any greater number the Federal Reserve Board may determine) to another account of the owner in the same institution.(Sec. 3) Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Makes such repeal effective two years from the date of enactment.(Sec. 4) Authorizes the payment of interest on reserves by a Federal reserve bank at least quarterly on balances maintained there on behalf of a depository institution.Amends the Federal Reserve Act to require the Board to survey annually and report to Congress on bank fees and services including: (1) checking and other transaction accounts; (2) negotiable order of withdrawal and savings accounts; (3) automated teller machine transactions; and (4) other electronic transactions. Sets forth minimum survey requirements for each such account or transaction. Requires the survey to address minimum balance requirements as well as fees.Requires the Board to report annually to Congress on the survey results.Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, to repeal certain reporting requirements.(Sec. 5) Amends the Federal Reserve Act to revise the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero.(Sec. 6) Directs the Federal reserve banks to deposit additional surplus funds into the general fund of the Treasury for FY 2003 through 2007 equal to the estimated annual net revenue loss.Prohibits such banks, during FY 2003 through 2007, from replenishing their respective surplus funds by the amount of any such transfer made to cover interest payments. | {"src": "billsum_train", "title": "To allow all businesses to make up to 24 transfers each month from interest-bearing transaction accounts to other transaction accounts, to require the payment of interest on reserves held for depository institutions at Federal reserve banks, and for other purposes."} | 3,809 | 448 | 0.526487 | 1.591513 | 0.722455 | 3.16095 | 9.060686 | 0.865435 |
SECTION 1. COMMUNITY ECONOMIC ADJUSTMENT PLAN FOR CLOSED OR REALIGNED
MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may not close or realign
a military installation under a base closure law until a community
economic adjustment plan with respect to the installation is prepared
in accordance with this section.
(b) Plan Preparation.--(1) The Secretary shall--
(A) ensure that the community economic adjustment plan, if
any, prepared by a State or local government, or a regional
economic organization or other organization, with respect to a
military installation to be closed or realigned under a base
closure law meets the requirements for such a plan under this
section; or
(B) in the event that no government or organization
prepares such a plan, prepare a plan meeting such requirements.
(2)(A) The Secretary may provide such assistance (including making
grants and entering into cooperative agreements) as the Secretary
determines appropriate to State or local governments, or regional
economic organizations or other organizations, in the preparation of a
community economic adjustment plans under paragraph (1)(A).
(B) Any grants made by the Secretary under this paragraph shall
meet the requirements of section 2391(b) of title 10, United States
Code.
(3) The Secretary shall carry out the requirements of this
subsection through the Office of Economic Adjustment of the Department
of Defense.
(c) Plan Requirements.--Each community economic adjustment plan
prepared under this section with respect to a military installation to
be closed or realigned shall contain the following:
(1) If the utilization of any portion of the installation
for non-defense purposes is determined to be economically
practicable, a proposal for the utilization of such portion for
such purposes, including--
(A) a specific description of such utilization;
(B) a proposal for notifying the public the
availability of such portion for such purposes;
(C) an assessment of the environmental hazards, if
any, that exist at the installation, and a plan for the
remediation of such hazards;
(D) an assessment of (i) the number of civilian
employees who will gain or lose employment as a result
of the closure or realignment of the installation, and
(ii) the number of such employees, if any, who will
find alternative employment in the vicinity of the
installation after such closure or realignment as a
result of such utilization; and
(E) an assessment of the affect on the tax base and
expenditures of the State and local governments
affected by the closure or realignment of (i) the
closure or realignment, and (ii) such utilization.
(2) If the utilization of any portion of the installation
for non-defense purposes is determined not to be economically
practicable, a detailed explanation of the analysis supporting
that determination.
(3) A proposal for the minimization of the economic impact
of the closure or realignment on the region in which the
installation is located, including means of--
(A) ensuring the economic stability of the region;
(B) providing for job creation in the region;
(C) providing for growth in rates of personal
income throughout the region; and
(D) stabilizing the tax base and projected
expenditures of State and local governments in the
region.
(d) Notification.--Not later than 30 days after the Secretary
determines that a community economic adjustment plan with respect to a
military installation meets the requirements of subsection (c), the
Secretary shall--
(1) submit to the appropriate committees of the Senate and
House of Representatives a written notification of the
completion of the plan; and
(2) in the event that the Secretary prepares the plan under
subsection (a)(1)(B), submit the plan to the governments of the
State and localities in which the military installation is
located and to such regional economic organizations or other
organizations as the Secretary determines appropriate.
(e) Regulations.--The Secretary shall prescribe regulations for the
purposes of carrying out this section.
(f) Definition.--In this section, the term ``base closure law''
means the following:
(1) Section 2687 of title 10, United States Code.
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
(3) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(4) Any other similar law enacted after the date of the
enactment of this Act.
(g) Effective Date.--The provisions of this Act shall take effect
on the date of the enactment of this Act and apply to military
installations closed or realigned after such date. | Prohibits the Secretary of Defense from closing or realigning a military installation under a base closure law until a community economic adjustment plan is prepared. Outlines provisions concerning plan preparation and requirements. Authorizes the Secretary to provide assistance to a State or local government or organization for preparation of such plan through grants or cooperative arrangements. Requires each plan to include: (1) a proposal for utilizing a portion of such installation for non-defense purposes, if economically feasible; or (2) a detailed explanation if no portion is determined appropriate for non-defense purposes. | {"src": "billsum_train", "title": "A bill to require the preparation of community economic adjustments plans before the closure or realignment of military installations under base closure laws."} | 1,028 | 124 | 0.612311 | 1.601688 | 0.628825 | 2.853211 | 8.908257 | 0.853211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Our Local Communities Act
of 2007''.
SEC. 2. CERTAIN KILLINGS BY ILLEGAL ALIENS.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. Certain killings by illegal aliens
``Whoever, being an alien who is unlawfully present in the United
States, commits manslaughter while under the influence of alcohol and
while operating a motor vehicle, which has been shipped, transported or
traveled in or affecting interstate or foreign commerce, shall be
subject to a fine under this title and imprisoned not less than 5 nor
more than 40 years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of title 18, United States Code, is amended by adding at the
end the following new item:
``1123. Certain killings by illegal aliens.''.
SEC. 3. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in the section heading, by inserting ``unlawful
presence;'' after ``improper time or place;'';
(2) in subsection (a)--
(A) by striking ``Any alien'' and inserting
``Except as provided in subsection (b), any alien'';
(B) by striking ``or'' before (3); and
(C) by inserting after ``concealment of a material
fact,'' the following: ``or (4) is otherwise present in
the United States in violation of the immigration laws
or the regulations prescribed thereunder,''.
SEC. 4. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion.--
(1) In general.--The Department of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The institutional removal program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with officials of the institutional
removal program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such program as a condition for receiving such
funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State have the authority to--
(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State prison sentence
in order to effectuate the transfer of the alien to Federal
custody when the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from United States Immigration and
Customs Enforcement takes the alien into custody, as required
by law.
(c) Technology Usage.--Technology such as video conferencing shall
be used to the maximum extent possible in order to make the
Institutional Removal Program (IRP) available in remote locations.
Mobile access to Federal databases of aliens, such as IDENT, and live
scan technology shall be used to the maximum extent practicable in
order to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the institutional removal program--
(1) $100,000,000 for fiscal year 2008;
(2) $115,000,000 for fiscal year 2009;
(3) $130,000,000 for fiscal year 2010;
(4) $145,000,000 for fiscal year 2011; and
(5) $160,000,000 for fiscal year 2012.
SEC. 5. TRAINING OF STATE AND LOCAL PERSONNEL PERFORMING IMMIGRATION
FUNCTIONS.
(a) Authorization of Appropriations.--
(1) In general.--To carry out paragraph (2), there are
authorized to be appropriated $40,000,000 for fiscal year 2008,
to remain available until September 30, 2009.
(2) Use of funds.--From amounts made available under
paragraph (1), the Secretary of Homeland Security may reimburse
a State or political subdivision for the expenses described in
paragraph (4).
(3) Eligible recipients.--A State, or a political
subdivision of a State, is eligible for reimbursement under
paragraph (2) if the State or political subdivision--
(A) has entered into a written agreement described
in section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) under which certain officers or
employees of the State or subdivision may be authorized
to perform certain functions of an immigration officer;
and
(B) desires such officers or employees to receive
training from the Department of Homeland Security in
relation to such functions.
(4) Expenses.--The expenses described in this subsection
are actual and necessary expenses incurred by the State or
political subdivision in order to permit the training described
in paragraph (3)(B) to take place, including expenses such as
the following:
(A) Costs of travel and transportation to locations
where training is provided, including mileage and
related allowances for the use of a privately owned
automobile.
(B) Subsistence consisting of lodging, meals, and
other necessary expenses for the personal sustenance
and comfort of a person required to travel away from
the person's regular post of duty in order to
participate in the training.
(C) A per diem allowance paid instead of actual
expenses for subsistence and fees or tips to porters
and stewards.
(D) Costs of securing temporary replacements for
personnel traveling to, and participating in, the
training.
(b) Clarification.--Nothing in this Act or any other provision of
law shall be construed as making any immigration-related training a
requirement for, or prerequisite to, any State or local law enforcement
officer exercising that officer's inherent authority to assist in the
apprehension, arrest, detention, or transfer to Federal custody of
illegal aliens during the normal course of carrying out their law
enforcement duties.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Congress a report describing the usefulness and
effectiveness of the program under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)).
(2) Contents.--The report under paragraph (1) shall address
the following:
(A) The number of States and political subdivisions
of States participating in such program.
(B) The number of States and political subdivisions
of States that have engaged in discussions with the
Department of Homeland Security regarding such program.
(C) A description of how useful and effective the
program is, including data on apprehensions of aliens
who are unlawfully present in the United States.
(D) A description of any hardships faced by States
and political subdivisions as participants of the
program.
(E) A description of the steps the Secretary of
Homeland Security is taking, and any plan the Secretary
has formulated, to encourage the participation of
States and political subdivisions in such program. | Empowering Our Local Communities Act of 2007 - Amends the federal criminal code to impose a minimum mandatory prison term of five years and a maximum term of 40 years on any illegal alien who commits manslaughter while operating a motor vehicle under the influence of alcohol.
Amends the Immigration and Nationality Act to impose criminal penalties on individuals present in the United States in violation of immigration laws.
Requires the Department of Homeland Security to continue to operate and implement the Institutional Removal Program for the identification and removal from the United States of criminal aliens. Requires such program to be extended to all states. Authorizes states to detain criminal aliens after the completion of their prison sentences to effectuate their transfer to federal custody.
Authorizes appropriations for the training of state and local government officers or employees to perform certain functions of a federal immigration officer. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide Federal penalties for certain killings by illegal aliens, and for other purposes."} | 1,699 | 194 | 0.56116 | 1.433924 | 0.814657 | 2.802548 | 9.866242 | 0.878981 |
SECTION 1. COMPARABILITY OF SERVICES.
Section 1120A of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6321) is amended--
(1) in subsection (a), by striking ``involved''; and
(2) by striking subsection (c) and inserting the following:
``(c) Comparability.--
``(1) In general.--
``(A) Comparability.--Beginning for the 2015-2016
school year, a local educational agency may receive
funds under this part only if the local educational
agency demonstrates to the State educational agency
that the combined State and local per-pupil
expenditures (including actual personnel and actual
non-personnel expenditures) in each school served under
this part, in the most recent year for which such data
were available, are not less than the average combined
State and local per-pupil expenditures (including
actual personnel and actual non-personnel expenditures)
for those schools that are not served under this part.
``(B) Alternative comparability.--If the local
educational agency is serving all of the schools under
its jurisdiction under this part, the agency shall
demonstrate to the State educational agency that the
average combined State and local per-pupil expenditures
(including actual personnel and actual non-personnel
expenditures) for its high-poverty schools, in the most
recent year for which such data are available, were not
less than the average combined State and local per-
pupil expenditures (including actual personnel and
actual non-personnel expenditures) for its low-poverty
schools.
``(C) Basis.--A local educational agency may meet
the requirements of subparagraphs (A) and (B) on a
grade-span by grade-span or school-by-school basis.
``(D) Exclusion of funds.--
``(i) In general.--For the purpose of
complying with this paragraph, a local
educational agency shall exclude any State or
local funds expended in any school for--
``(I) excess costs of providing
services to English learners;
``(II) excess costs of providing
services to children with disabilities;
``(III) capital expenditures; and
``(IV) such other expenditures as
the Secretary determines appropriate.
``(ii) Changes after the beginning of the
school year.--A local educational agency need
not include unpredictable changes in student
enrollment or personnel assignments that occur
after the beginning of a school year in
determining compliance under this subsection.
``(2) Documentation.--A local educational agency shall
demonstrate that it is meeting the requirements of paragraph
(1) by submitting to the State educational agency the per-pupil
expenditures, personnel expenditures, non-personnel
expenditures, and total expenditures for each school served by
the local educational agency.
``(3) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
``(4) Process and procedures.--
``(A) Local educational agency responsibilities.--
Each local educational agency assisted under this part
shall, by October 31, 2014, report to the State
educational agency on its compliance with the
requirements of this subsection for the preceding
school year by submitting to the State educational
agency the per-pupil expenditures, personnel
expenditures, non-personnel expenditures, and total
expenditures for each school served by the local
educational agency.
``(B) State educational agency responsibilities.--
Each State educational agency assisted under this part
shall ensure that such information is made publicly
available by the State or the local educational agency,
including the school by school listing described in
subparagraph (A).
``(C) Plan.--A local educational agency that does
not meet the requirements of this subsection in any
year shall develop and implement a plan to ensure
compliance for the subsequent school year and may be
required by the State educational agency to report on
its progress in implementing such plan.
``(5) Transition provisions.--
``(A) School years preceding the 2015-2016 school
year.--For school years preceding the 2015-2016 school
year, a local educational agency may receive funds
under this part only if the local educational agency
demonstrates to the State educational agency that the
local educational agency meets the requirements of this
subsection, as in effect before the effective date of
the most recent amendment to this section.
``(B) Transition between requirements.--The
Secretary shall take such steps as are necessary to
provide for the orderly transition between the
requirements under this section, as in effect before
the effective date of the most recent amendment to this
section, and the new requirements under this section,
as so amended.
``(6) Definitions.--The Secretary shall promulgate
regulations defining the terms used in this subsection,
including the terms `per-pupil expenditure', `personnel
expenditure', `non-personnel expenditure', `high-poverty
school', and `low-poverty school'.''. | Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to modify the requirement that state and local funds be used to provide services to schools receiving school improvement funds that are comparable to services received by schools not receiving such funds.
Conditions a local educational agency's (LEA's) receipt of school improvement funds, beginning with the 2015-2016 school year, on the LEA showing its state that combined state and local per-pupil expenditures in each of its schools served under the school improvement program are not less than the average combined state and local per-pupil expenditures for each of its schools not served under that program.
Requires an LEA that serves all of its schools under the school improvement program to show its state that the average combined state and local per-pupil expenditures for its high-poverty schools were not less than those expenditures for its low-poverty schools.
Allows LEAs to meet these requirements on a grade-span by grade-span or school-by-school basis.
Requires LEAs to exclude from these calculations state and local funds expended in any school for capital expenditures or the excess costs of providing services to English learners or disabled children. | {"src": "billsum_train", "title": "To amend section 1120A of the Elementary and Secondary Education Act of 1965 to modify the comparability of services requirements."} | 1,115 | 273 | 0.654292 | 1.655679 | 0.838394 | 3.627119 | 4.372881 | 0.822034 |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN TOMATO SAUCE
PREPARATION ENTERED IN MAY 9, 1992 THROUGH SEPTEMBER 18,
1993.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall,
not later than 180 days after the receipt of the request described in
subsection (b), liquidate or reliquidate each entry described in
subsection (d) containing any merchandise which, at the time of the
original liquidation, was classified under subheading 2002.10.00 of the
Harmonized Tariff Schedule of the United States (relating to tomatoes,
prepared or preserved) at the rate of duty that would have been
applicable to such merchandise if the merchandise had been liquidated
or reliquidated under subheading 2103.90.60 of the Harmonized Tariff
Schedule of the United States (relating to tomato sauce preparation) on
the date of entry.
(b) Requests.--Reliquidation may be made under subsection (a) with
respect to an entry described in subsection (d) only if a request
therefor is filed with the Customs Service within 90 days after the
date of enactment of this Act and the request contains sufficient
information to enable the Customs Service to locate the entry or
reconstruct the entry if it cannot be located and to confirm that the
entry consists of tomato sauce preparations properly classifiable under
subheading 2103.90.60 of the Harmonized Tariff Schedule of the United
States.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a) shall be paid not later than 180 days after the date of
such liquidation or reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry
084-0532527-8 05-09-92
084-0532938-7 06-13-92
084-0532939-5 06-13-92
084-0533381-9 07-29-92
084-0533382-7 07-29-92
084-0533383-5 07-29-92
084-0533384-3 07-29-92
084-0533732-3 09-01-92
084-0533823-0 09-01-92
084-0533824-8 09-01-92
084-0534010-3 09-19-92
084-0534052-5 09-26-92
084-0534199-4 10-06-92
084-0534205-9 10-14-92
084-0534206-7 10-14-92
084-0534207-5 10-14-92
084-0534669-6 11-18-92
084-0534670-4 11-18-92
084-0534930-2 11-28-92
084-0535157-1 12-23-92
084-0535311-4 01-09-93
084-0535312-2 01-02-93
084-0535441-9 01-09-93
084-0535578-8 01-27-93
084-0535694-3 02-07-93
084-0535695-0 02-07-93
084-0535854-3 02-24-93
084-0535855-0 02-24-93
084-0535857-6 02-24-93
084-0535858-4 02-24-93
084-0535859-2 02-24-93
084-0536160-4 03-28-93
084-0536291-7 04-07-93
084-0536292-5 04-07-93
084-0536357-6 04-11-93
084-0536361-8 04-11-93
084-0536362-6 04-11-93
084-0536424-4 05-02-93
084-0536518-3 05-02-93
084-0536519-1 05-02-93
084-0536727-0 05-23-93
084-0536839-3 05-29-93
084-0536840-1 05-29-93
084-0536841-9 05-29-93
084-0536842-7 05-29-93
084-0537443-3 07-31-93
084-0537444-1 07-31-93
084-0538038-0 09-18-93
084-0538039-8 09-18-93
084-0538040-6 09-18-93 | Directs the Customs Service, upon request, to liquidate or reliquidate certain entries of tomato sauce preparation. | {"src": "billsum_train", "title": "A bill to provide for the liquidation or reliquidation of certain entries of tomato sauce preparation."} | 987 | 26 | 0.536202 | 1.581702 | -0.041088 | 1.842105 | 51.052632 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prepare, Ready, Equip, and Prevent
Areas at Risk of Emergency Wildfires Act of 2015'' or the ``PREPARE Act
of 2015''.
SEC. 2. WILDFIRE MITIGATION.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after
section 203 the following:
``SEC. 203A. WILDFIRE MITIGATION.
``(a) Definitions.--In this section--
``(1) the term `Administrator' means the Administrator of
the Federal Emergency Management Agency;
``(2) the term `community wildfire protection plan' has the
meaning given the term in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511);
``(3) the term `eligible recipient' means a State or an
Indian tribal government;
``(4) the term `local multi-hazard mitigation plan' means a
mitigation plan developed by a local government under section
322(b) that addresses wildfire mitigation;
``(5) the term `State mitigation plan' means a mitigation
plan developed by a State under section 322(c) that addresses
wildfire mitigation; and
``(6) the term `tribal mitigation plan' means a mitigation
plan developed by a tribal government under section 322(b) that
addresses wildfire mitigation.
``(b) Establishment of Wildfire Mitigation Grant Program.--The
President, acting through the Administrator, shall establish a pilot
program to make grants to eligible recipients for wildfire mitigation.
``(c) Use of Funds.--A grant under this section may be used by an
eligible recipient--
``(1) to reduce the hazardous fuel load by reducing the use
of fuels that may contribute to catastrophic wildfires in high-
risk areas;
``(2) to invest in personnel and organizations to conduct
wildfire mitigation;
``(3) to invest in vehicles and other equipment to conduct
wildfire mitigation;
``(4) to mitigate against damage from runoff into waterways
and floods caused by erosion from wildfires;
``(5) to build essential community collaboration and
outline the necessary groundwork systems in anticipation of
future fires; and
``(6) at the discretion of the Governor of a State or the
Chief Executive of an Indian tribal government, and in
consultation with the Administrator, for any other wildfire
mitigation activities in the State or area under the
jurisdiction of the Indian tribal government, as applicable,
unless otherwise prohibited by law.
``(d) Eligibility for Assistance.--
``(1) In general.--
``(A) Eligibility.--An eligible recipient shall be
eligible for assistance under this section if the
section 420 grant ratio for the eligible recipient is
equal to or greater than 125 percent of the population
ratio of the eligible recipient.
``(B) Ratios.--For purposes of subparagraph (A)--
``(i) the section 420 grant ratio shall be
equal to the quotient of--
``(I) the number of declarations
for a grant under section 420 received
by the eligible recipient during the 10
years prior to the date on which an
application for assistance is submitted
under this section, divided by
``(II) the total number of
declarations for a grant under section
420 in the United States during the 10
years prior to the date on which an
application for assistance is submitted
under this section; and
``(ii) the population ratio of the eligible
recipient shall be equal to the quotient of--
``(I) the population of the State
or the area under the jurisdiction of
the Indian tribal government, as
applicable, based on the most recent
data available from the Bureau of the
Census on the date on which an
application for assistance is submitted
under this section, divided by
``(II) the population of the United
States, based on the most recent data
available from the Bureau of the Census
on the date on which an application for
assistance is submitted under this
section.
``(2) Waiver.--The President may waive the requirement of
paragraph (1) if an eligible recipient--
``(A) files a petition for waiver of the
requirement of paragraph (1); and
``(B) demonstrates that significant environmental
changes or shifts in forest health put the eligible
recipient at an elevated risk for catastrophic
wildfires, as determined by the President.
``(3) Local assistance.--The Governor of a State may award
funds received under this section, to be used solely for the
purposes set forth under subsection (c), to--
``(A) any county or municipality in that State with
a community wildfire protection plan or a local multi-
hazard mitigation plan;
``(B) any Indian tribal government in that State
with a tribal mitigation plan; or
``(C) any other entity that is explicitly
referenced in and central to, in the determination of
the Governor, the design of a community wildfire
protection plan or a local multi-hazard mitigation
plan.
``(e) Criteria for Assistance.--In determining whether to award a
grant to an eligible recipient under this section, the President
shall--
``(1) give preference to--
``(A) an eligible recipient with a high level of
need for assistance based on the best scientific data
available;
``(B) an eligible recipient that previously
received a grant under this section and effectively
used the Federal funds for wildfire mitigation
activities in the State or area under the jurisdiction
of the Indian tribal government, as applicable, as
determined by the President; and
``(2) consider environmental conditions in a State or an
area under the jurisdiction of an Indian tribal government, as
applicable, including environmental changes, deteriorating
forest health, and overall wildfire risk.
``(f) Application for Assistance.--
``(1) In general.--To request a grant under this section,
an eligible recipient shall submit an application to the
Administrator in such form, in such manner, and containing such
information as the Administrator may reasonably require.
``(2) Contents.--In addition to any other requirements that
may be specified by the Administrator, an eligible recipient
submitting an application for a grant under this section shall
demonstrate that--
``(A) in the case of an eligible recipient that is
a State--
``(i) the State has a State mitigation
plan;
``(ii) the State shall provide matching
non-Federal funds equal to not less than 25
percent of the amount of Federal funds made
available under this subsection;
``(iii) a county or municipality that may
receive funds from the grant has a community
wildfire protection plan or a local multi-
hazard mitigation plan; and
``(iv) an Indian tribal government that may
receive funds from the grant has a tribal
mitigation plan; and
``(B) in the case of an eligible recipient that is
an Indian tribal government--
``(i) the Indian tribal government has a
tribal mitigation plan; and
``(ii) the Indian tribal government shall--
``(I) provide matching non-Federal
funds equal to not less than 25 percent
of the amount of Federal funds made
available under this subsection; or
``(II) if the Indian tribal
government is a small impoverished
community, as defined in section
203(a), provide non-matching Federal
funds equal to not less than 10 percent
of the amount of Federal funds made
available under this subsection.
``(g) Report.--Not later than 1 year after the date of receipt of a
grant under this section, the recipient shall submit to the
Administrator a report, which shall be made publically available, on
the use of funds made available under the grant.
``(h) Funding for Assistance.--
``(1) Predisaster mitigation fund.--Subject to the
availability of funds in the National Predisaster Mitigation
Fund established under section 203(i), the Administrator shall
use not less than $20,000,000 and not more than $30,000,000
from unobligated amounts in the National Predisaster Mitigation
Fund for each of fiscal years 2016 through 2021 in carrying out
this section.
``(2) Rule of construction.--Nothing in this section shall
be construed to increase the amount of appropriations
authorized for the Department of Homeland Security in any given
fiscal year.''.
SEC. 3. WILDFIRE MITIGATION ASSISTANCE.
(a) In General.--Section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by a
fire for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a))--
(A) by inserting before the first period ``, or any
area in which assistance was provided under section
420''; and
(B) in the third sentence, by inserting ``or event
under section 420'' after ``major disaster'' each place
that term appears; and
(2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place that term appears.
SEC. 4. FACTORS TO CONSIDER FOR MAJOR DISASTER DECLARATION.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall amend
subsection (a) of section 206.48 of title 44, Code of Federal
Regulations, to require the Federal Emergency Management Agency to
consider, in evaluating a Governor's request for major disaster
assistance under the Public Assistance Program, whether--
(1) post-fire flooding occurred within 5 years, and as a
result, of a single wildfire event in the State; and
(2) the State received fire management assistance under
section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187) related to the major
disaster for which the Governor is requesting assistance under
the Public Assistance Program.
SEC. 5. POST-FIRE FUNDING GUIDE.
(a) Creation and Distribution.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall create and make publically available
a post-fire recovery funding and resource guide for local communities.
(b) Involvement by Local Leaders.--The Administrator of the Federal
Emergency Management Agency shall create the guide under subsection (a)
in collaboration with local leaders who have experienced wildfires in
their communities and who understand the requirements for the use of
Federal disaster funds.
(c) Updates.--The Administrator of the Federal Emergency Management
Agency shall update the guide under subsection (a) as programs and
resources change. | Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2015 or the PREPARE Act of 2015 Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to establish a pilot program to make grants to states or Indian tribal governments for wildfire mitigation. Permits a grant to be used: (1) to reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) to invest in personnel, organizations, vehicles, and other equipment to conduct wildfire mitigation; (3) to mitigate against damage from runoff into waterways and floods caused by erosion from wildfires; (4) to build essential community collaboration and outline the necessary groundwork systems in anticipation of future fires; and (5) for other wildlife mitigation activities at the discretion of the governor of a state or the chief executive of an Indian tribal government. Sets forth a grant eligibility requirement based on specified ratios of the relative population of, and the relative number fire management assistance grants received in the previous 10 years by, a prospective recipient. Authorizes the President to waive that requirement if a recipient demonstrates that significant environmental changes or shifts in forest health put the recipient at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality with a community wildfire protection plan or a local multi-hazard mitigation plan, (2) any Indian tribal government with a tribal mitigation plan, or (3) any other entity that is explicitly referenced in and central to the design of a community wildfire protection plan or a local multi-hazard mitigation plan. Directs FEMA, in awarding such grants, to: (1) give preference to a recipient that has a high level of need for assistance based on the best scientific data available or that used previous grant funds efficiently and effectively for wildfire mitigation activities, and (2) consider environmental conditions in a state or area. Directs FEMA to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2016-FY2021 in carrying out this Act. Amends the Stafford Act to authorize the President, whether or not a major disaster is declared, to provide hazard mitigation assistance in any area affected by a fire for which assistance was otherwise provided. Directs FEMA to require FEMA, in evaluating a governor's request for major disaster assistance under the Public Assistance Program, to consider whether: (1) post-fire flooding occurred within five years of, and as a result of, a single wildfire event in the state; and (2) the state received fire management assistance related to the major disaster for which the governor is requesting assistance. Directs FEMA to create and make publicly available a post-fire recovery funding and resource guide for local communities. | {"src": "billsum_train", "title": "PREPARE Act of 2015"} | 2,539 | 616 | 0.699078 | 2.183494 | 0.874484 | 4.909926 | 4.288603 | 0.939338 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Sentencing Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) it is the responsibility of the Federal Government to
provide States with assistance in reducing violent crime;
(2) the responsibility for protecting citizens against most
violent crime and for punishing most violent criminal offenders
is primarily a matter of State and local governance;
(3) the incidence of violent crime nationwide has risen
dramatically and constitutes a national priority of the highest
order; and
(4) the United States Sentencing Guidelines have proven to
be an effective means of achieving, at the Federal level, a
more uniform, proportionate, predictable and appropriately
punitive criminal sentencing system by incorporating Truth in
Sentencing provisions which restrict release of a convicted
criminal until at least 85 percent of the sentence which has
been imposed by a judge or jury has been served.
SEC. 3. DEFINITION.
Crime of Violence.--
(1) an offense that is a felony and has an element the use,
attempted use, or threatened use of physical force against the
person or property of another, or
(2) any other offense that is a felony and that, by its
nature, involves a substantial risk that physical force against
the person or property of another may be used in the course of
committing the offense.
Such crimes shall include, but not be limited to, murder, arson,
burglary, assault, rape, kidnapping, extortion, and robbery.
SEC. 4. GRANTS FOR TRUTH IN SENTENCING.
(a) Grant Authorization.--The Director of the Bureau of Justice
Assistance is authorized to provide grants to States to build and/or
operate space in correctional facilities in order to implement Truth in
Sentencing requirements.
(b) Eligibility.--In order to be eligible for funding under this
Act, a State must have enacted and implemented Truth in Sentencing
requirements which include--
(1) a provision in its criminal code which restricts
parole, good-time credit release, or other forms of early
release to require that criminals convicted of crimes of
violence serve at least 85 percent of the sentence imposed by a
judge or jury;
(2) a provision which requires the sentencing authority to
allow the defendant's victims or the family of victims the
opportunity to be heard regarding the issue of sentencing;
(3) a provision which requires that a ``life sentence''
means life without possibility of parole; and
(4) a provision which provides that the victim and victim's
family shall be notified whenever that defendant is to be
released.
(c) Exception.--The sentencing requirements under paragraphs (b)(1)
and (b)(4) of subsection (b) shall apply except that the State may
provide that the Governor of the State may allow for the release of a
prisoner after a public hearing in which representatives of the public
and the prisoner's victims shall have an opportunity to be heard
regarding a proposed release.
(d) A State shall also be eligible for funding under this Act when
that State has enacted legislation that provides for the State to be in
compliance with this section within three years of the enactment of
such state legislation.
SEC. 5. FEDERAL FUNDS.
(a) Distribution of Funds.--Of the total amount of funds
appropriated under this Act in any fiscal year, there shall be
allocated to each participating State an amount which bears the same
ratio to the amount of funds appropriated pursuant to this Act as the
number of prisoners convicted of violent crimes serving sentences
during the previous fiscal year in that State bears to the number of
prisoners convicted of violent crimes serving sentences during the
previous fiscal year in all the participating States. (Such numbers of
prisoners to be determined by the Bureau of Justice Statistics.)
(b) Authorization of Appropriations.--In order to build and/or
operate the spaces in correctional facilities necessary to implement
the required Truth in Sentencing provisions, there is authorized to be
appropriated--
(1) $500 million in fiscal year 1994;
(2) $1 billion in fiscal year 1995;
(3) $2 billion in fiscal year 1996;
(4) $3 billion in fiscal year 1997; and
(5) $4 billion in fiscal year 1998.
(c) Limitations on Funds.--
(1) Nonsupplanting requirement.--Funds made available under
this section shall not be used to supplant State funds, but
shall be used to increase the amount of funds that would, in
the absence of Federal funds, be made available from State
sources.
(2) Administrative costs.--No more than 5 percent of the
funds available under this section may be used for
administrative costs.
(3) Matching funds.--The portion of the costs of a program
provided by a grant under this section may not exceed 75
percent of the total cost of the program as described in the
application.
(4) Duration of grants.--In general.--A grant under this
section may be renewed for up to 3 years beyond the initial
year of funding if the applicant demonstrates satisfactory
progress toward achievement of the objectives set out in an
approved application.
(d) Source of Federal Funds.--Appropriations pursuant to this Act
shall be paid with funds saved as a result of reducing Federal full-
time equivalent positions pursuant to Section 6.
SEC. 6. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS
(a) Definition.--For purposes of this section, the term ``agency''
means an Executive agency as defined under section 105 of title 5,
United States Code, but does not include the General Accounting Office.
(b) Limitations on Full-time Equivalent Positions.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall ensure that the total number of
full-time equivalent positions in all agencies shall not exceed
(1) 2,095,182 during fiscal year 1994;
(2) 2,044,100 during fiscal year 1995;
(3) 2,003,845 during fiscal year 1996;
(4) 1,963,593 during fiscal year 1997;
(5) 1,923,339 during fiscal year 1998; and
(6) 1,883,086 during fiscal year 1999.
(c) Monitoring and Notification.--The Office of Management and
Budget, after consultation with the Office of Personnel Management,
shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met, and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the Office of
Management and Budget notifies the President and the Congress that any
requirement under subsection (b) is not met, no agency may hire any
employee for any position in such agency until the Office of Management
and Budget notifies the President and the Congress that the total
number of full-time equivalent positions for all agencies equals or is
less than the applicable number required under subsection (b).
(e) Waiver.--Any provision of this section may be waived upon--
(1) a determination by the President of the existence of
war or a national security requirement; or
(2) the enactment of a joint resolution upon an affirmative
vote of three-fifths of the Members of each House of the
Congress duly chosen and sworn. | Truth in Sentencing Act of 1993 - Authorizes the Director of the Bureau of Justice Assistance to provide grants to States to build and operate space in correctional facilities in order to implement specified "truth in sentencing" requirements.
Requires a State, to be eligible for funding under this Act, to have enacted and implemented such requirements, including provisions which: (1) restrict parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85 percent of the sentence imposed by a judge or jury; (2) require the sentencing authority to allow the defendant's victim or the victim's family the opportunity to be heard regarding the issue of sentencing; (3) require that a "life sentence" means life without possibility of parole; and (4) provide that the victim and the victim's family shall be notified whenever that defendant is to be released.
Makes exceptions that: (1) allow the State to provide that the Governor may permit the release of a prisoner after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard regarding the proposed release; and (2) make a State eligible for funding under this Act when that State has enacted legislation that provides for the State to be in compliance with this Act within three years of the enactment of such State legislation.
Sets forth provisions regarding: (1) the distribution of funds; and (2) limitations on funds. Authorizes appropriations.
Directs that such appropriations be paid with funds saved as a result of reducing specified full-time equivalent positions in Federal agencies. Sets forth requirements regarding: (1) monitoring and notification of the President and the Congress as to whether such reductions are taking place (and, if they are not being met in a given agency, prohibits hiring for any position in such agency until the Office of Management and Budget notifies the President that the agency is in compliance); and (2) waivers. | {"src": "billsum_train", "title": "Truth in Sentencing Act of 1993"} | 1,640 | 426 | 0.711481 | 2.271762 | 0.800428 | 5.153652 | 3.846348 | 0.901763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tax Equity Act of 2007''.
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States largely relies on a direct tax
system, whereas 137 countries currently employ one particular
form of indirect tax known as value-added taxes (VAT) as well
as direct taxes. The worldwide VAT tax average in 2005 was 15.7
percent, and in countries of the European Union it ranges
between 15 and 25 percent.
(2) Under the rules of the World Trade Organization (WTO),
direct taxes, such as corporate income taxes, if rebated or
refunded upon the export of goods are viewed as export
subsidies and prohibited on most goods and are at least
potentially actionable on all goods. However, indirect taxes,
such as sales taxes and VAT, may be rebated or refunded upon
the export of goods and such rebate or refund is not defined as
constituting a subsidy and hence is not actionable under WTO
rules.
(3) At present, there are no WTO rules on subsidies as
applied to trade in services. However, a number of countries
currently impose taxes on the import of services and exempt or
rebate or refund taxes upon the export of services, to the
disadvantage of United States services providers.
(4) The disparate treatment of border taxes detrimentally
affects United States agricultural producers, manufacturers,
and service providers in that--
(A) refunds of indirect taxes effectively act as
export subsidies to foreign exporters; and
(B) United States exporters are subject to double
taxation, by paying direct taxes on domestic production
in the United States and having their exported product
or service face a border tax in the importing country
consisting of indirect taxes.
(5) The disparate treatment of border taxes results in a
large monetary disadvantage to United States exporters,
estimated to equal $93 billion on goods and $47 billion on
services. Moreover, since remission of VAT by foreign countries
equates to approximately $201 billion in export subsidies on
goods exported to the United States and another $38 billion on
services exported to the United States, United States
producers, in total, suffer an artificial disadvantage of up to
$294,000,000,000 on trade in goods and $85,000,000,000 on trade
in services.
(6) For more than 40 years, United States businesses have
complained of border tax inequity and, since 1968, prior United
States Administrations and Congresses have sought to resolve
it.
(7) Congress has repeatedly recognized the prejudicial
effect of the disparate treatment of border taxes with respect
to goods and has directed the United States to seek a
negotiated solution:
(A) In passing the Trade Act of 1974 (19 U.S.C.
2101 et seq.), Congress sought ``revision of GATT
articles with respect to the treatment of border
adjustments for international taxes to redress the
disadvantage to countries relying primarily on direct
rather than indirect taxes for revenue needs.''.
(B) In section 1101(b)(16) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2901(b)(16) and
section 2102(b)(15) of Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3802(b)(15)), Congress
declared that a principal trade negotiating objective
of the United States is to obtain a revision of WTO
rules with respect to the treatment of border taxes in
order to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than
indirect taxes.
(8) The disparate treatment of border taxes is arbitrary,
inequitable, causes economic distortions based only on the type
of tax system used by a country, and is a primary obstacle to
more balanced trade relations between the United States and its
major trading partners.
(b) Declarations of Policy.--Congress declares the following:
(1) It is critically necessary that the issue of border
taxes be addressed and resolved in WTO negotiations, whether in
the ongoing Doha Development Round of WTO negotiations or
subsequent WTO negotiations.
(2) If such WTO negotiations fail to achieve the United
States trade negotiating objective of revising WTO rules with
respect to the treatment of border taxes in order to redress
the disadvantage to countries relying primarily on direct taxes
for revenue rather than indirect taxes, then effective action
through legislation is warranted given the massive and
inequitable distortions to trade that United States
agricultural producers, manufacturers, and service providers
face as a result of border taxes.
SEC. 3. REPORT ON RESULTS OF WTO NEGOTIATIONS TO REVISE WTO RULES
REGARDING BORDER TAXES.
(a) Report Required.--Not later than 60 days after the completion
of WTO negotiations, or by January 1, 2009, whichever occurs first, the
United States Trade Representative shall submit to Congress a report
certifying whether or not each of the United States trade negotiating
objectives regarding border tax treatment, as specified in subsection
(b), has been met as a result of such negotiations.
(b) U.S. Trade Negotiating Objectives Regarding Border Tax
Treatment Specified.--The United States trade negotiating objectives
regarding border tax treatment specified in this subsection are the
following:
(1) With respect to trade in goods, the revision of WTO
rules with respect to the treatment of border adjustments for
internal taxes to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than indirect
taxes, as provided for in section 2102(b)(15) of Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3802(b)(15)).
(2) With respect to trade in services--
(A) the elimination of the disadvantage in trade in
services that exists for countries relying primarily on
direct taxes that are not adjusted at the border rather
than indirect taxes that are adjusted at the border;
and
(B) the revision of WTO rules regarding trade in
services to ensure that such rules do not result in
disparate treatment of border adjustments for internal
taxes based on the direct or indirect nature of such
taxes.
(c) Definition.--In this section, the terms ``WTO negotiations''
and ``negotiations'' mean the ongoing Doha Development Round of World
Trade Organization negotiations or subsequent WTO negotiations that may
result in revisions to WTO rules to meet the United States trade
negotiating objectives regarding border tax treatment, as specified in
subsection (b).
SEC. 4. TAX ON IMPORTS FROM FOREIGN COUNTRIES WITH AN INDIRECT TAX
SYSTEM.
Subtitle D of the Internal Revenue Code (26 U.S.C. 4461 et seq.) is
amended by adding at the end the following new subchapter G:
``Subchapter G--Tax on Imports From Foreign Countries With An Indirect
Tax System
``Sec. 4491. Imposition of tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on imports of
goods and services from any foreign country that employs an indirect
tax system and grants rebates of indirect taxes paid on goods or
services exported from that country.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on an imported good or service shall be an amount equal to the
excess of--
``(1) the indirect taxes that are rebated or not paid on
the good or service upon its export, over
``(2) any indirect taxes imposed on the good or service at
the border of the United States.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) on a
good or service shall be paid by the importer of such good or
service.
``(2) Time of imposition.--The tax imposed by subsection
(a) shall be imposed on imports at the time of entry.
``(d) Period of Applicability.--The tax imposed by subsection (a)
shall apply during the period beginning as prescribed in section
6(a)(1) of the Border Tax Equity Act of 2007 and ending on the date on
which the United States Trade Representative certifies to Congress that
the United States trade negotiating goals of equitable border tax
treatment have been met.
``(e) Special Account.--The tax on imports under subsection (a)
shall be collected by the Bureau of Customs and Border Protection and
deposited into a special account. This special account shall be the
source of payments to qualified United States exporters under section
314(b) of the Tariff Act of 1930.
``(f) Definitions.--For purposes of this subchapter--
``(1) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(2) Importer.--The term `importer' means--
``(A) as such term relates to imports of goods, one
of the parties eligible to file the required customs
entry documentation or information pursuant to section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)), and
``(B) as such term relates to imports of services,
the importer of the service as defined by the Secretary
in rules and regulations promulgated under this
subchapter.
``(3) Time of entry.--The term `time of entry' means--
``(A) as relates to imports of goods, the time
generally specified in section 484(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and
prescribed in regulations (19 C.F.R. 141.68), and
``(B) as relates to imports of services, the time
specified by the Secretary in rules and regulations
promulgated under this subchapter.
``(4) Indirect tax system and grants rebates of indirect
taxes.--A foreign country employs an indirect tax system and
grants rebates of indirect taxes paid on goods or services
exported from that country if such country imposes indirect
taxes (including sales taxes and value-added taxes (VAT)) on
goods or services, and permits a rebate of such indirect taxes
paid on goods or services exported from such country.
``(5) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).
``(g) Regulations.--The Secretary may prescribe such rules and
regulations as are necessary to carry out this section.''.
SEC. 5. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1305 et
seq.) is amended by inserting after section 313 the following:
``SEC. 314. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
``(a) Payments Required.--
``(1) In general.--Upon exportation of goods or services
from the United States to any foreign country that employs an
indirect tax system and imposes or applies indirect taxes on
imports of goods or services at the border, the Secretary of
Homeland Security, acting through the Commissioner of the
Bureau of Customs and Border Protection, shall, if requested by
the exporter, pay to the exporter an amount equal to the amount
of indirect taxes that the importing foreign country imposes or
applies at the border to such goods or services, minus any
United States taxes paid on such goods or services that have
been rebated or refunded upon exportation.
``(2) Information to be included in request.--An exporter
who requests a payment under paragraph (1) shall, in such
request, identify the indirect taxes imposed by the importing
foreign country and present proof of the payment of such taxes
to the importing foreign country's authorities within a
reasonable period of time after exportation of the goods or
services.
``(b) Source of Payments.--
``(1) Special account.--The payments required under
subsection (a) shall be paid from amounts contained in the
special account authorized under section 4491(e) of the
Internal Revenue Code of 1986.
``(2) Appropriation of additional amounts.--To the extent
that, at any time, amounts contained in the special account
described in paragraph (1) are inadequate to make payments
required under subsection (a), there are hereby appropriated,
out of any money in the Treasury of the United States not
otherwise appropriated, such sums as may be necessary for such
purpose.
``(c) Period of Applicability.--The requirement to make payments
under subsection (a) shall apply during the period beginning as
prescribed in subsection (a)(2) or (b) of section 6 of the Border Tax
Equity Act of 2007, as the case may be, and ending on the date on which
the United States Trade Representative certifies to Congress that each
of the United States trade negotiating goals regarding border tax
treatment have been met.
``(d) Regulations.--The Secretary of Homeland Security is
authorized to prescribe such rules and regulations as are necessary to
carry out the provisions of this section.
``(e) Definitions.--In this section:
``(1) Indirect tax system and imposes or applies indirect
taxes on imports of goods or services at the border.--A foreign
country employs an indirect tax system and imposes or applies
indirect taxes on imports of goods or services at the border if
such country imposes indirect taxes (including sales taxes and
value-added taxes (VAT)) on goods or services, and imposes or
applies such indirect taxes on imports of goods or services at
the border
``(2) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).''.
SEC. 6. EFFECTIVE DATES.
(a) General Effective Date.--If, pursuant to subsection (a) of
section 3 of this Act, the United States Trade Representative fails to
certify to Congress by the dates specified in such subsection that each
of the United States trade negotiating objectives regarding border tax
treatment described in subsection (b) of such section has been met as a
result of WTO negotiations, then--
(1) section 4491 of the Internal Revenue Code of 1986, as
added by section 4 of this Act, shall take effect 90 days after
such date; and
(2) subject to subsection (b), section 314 of the Tariff
Act of 1930, as added by section 5 of this Act, shall take
effect 120 days after such date.
(b) Earlier Effective Date for Exports of Services.--
(1) In general.--If, pursuant to subsection (a) of section
3 of this Act, the United States Trade Representative fails to
certify to Congress by January 1, 2008, that each of the United
States trade negotiating objectives regarding border tax
treatment described in subsection (b) of such section has been
met as a result of WTO negotiations, then section 314 of the
Tariff Act of 1930, as added by section 5 of this Act, shall
take effect on January 1, 2008, with respect to exports of
services from the United States as described in section 314 of
the Tariff Act of 1930.
(2) Appropriation of amounts.--There are hereby
appropriated, out of any money in the Treasury of the United
States not otherwise appropriated, such sums as may be
necessary for making payments with respect to exports of
services from the United States in accordance with section 314
of the Tariff Act of 1930, as added by section 5 of this Act,
until such time as the special account authorized under
subsection (e) of section 4491 of the Internal Revenue Code of
1986, as added by section 4 of this Act, is established and
amounts contained in the special account are adequate to make
such payments. | Border Tax Equity Act of 2007 - Requires the United States Trade Representative (USTR) to submit to Congress a report certifying whether or not U.S. objectives to revise World Trade Organization (WTO) rules on border tax treatment of goods and services from countries with indirect tax systems have been met in WTO negotiations.
Amends the Internal Revenue Code to: (1) impose a tax on imports of goods and services from any country with an indirect tax system and deposits taxes so collected into a special account; and (2) upon request of a U.S. exporter, grant a rebate to such exporter from such account of indirect taxes paid. Imposes such requirements if the USTR fails to certify to Congress that U.S. objectives have been met. | {"src": "billsum_train", "title": "To authorize the imposition of a tax on imports from any country that employs indirect taxes and grants rebates of the same upon export and to authorize compensatory payments to eligible United States exporters to neutralize the discriminatory effect of such taxes paid by such exporters if United States trade negotiating objectives regarding border tax treatment in World Trade Organization negotiations are not met."} | 3,700 | 171 | 0.558692 | 1.63244 | 0.689968 | 2.94964 | 23.625899 | 0.935252 |
TITLE I--FEDERAL PROTECTIVE SERVICE REFORM ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Federal Protective Service Reform
Act''.
SEC. 102. DESIGNATION OF POLICE OFFICERS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
(1) in section 1 by striking the section heading and
inserting the following:
``SEC. 2. POLICE OFFICERS.'';
(2) in sections 1 and 3 by striking ``special policemen''
each place it appears and inserting ``police officers'';
(3) in section 1(a) by striking ``uniformed guards'' and
inserting ``certain employees''; and
(4) in section 1(b) by striking ``Special policemen'' and
inserting the following:
``(1) In general.--Police officers''.
SEC. 103. POWERS.
Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is
further amended--
(1) by adding at the end the following:
``(2) Additional powers.--Subject to paragraph (3), a
police officer appointed under this section is authorized while
on duty--
``(A) to carry firearms in any State, the District
of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States;
``(B) to petition Federal courts for arrest and
search warrants and to execute such warrants;
``(C) to arrest an individual without a warrant if
the individual commits a crime in the officer's
presence or if the officer has probable cause to
believe that the individual has committed a crime or is
committing a crime; and
``(D) to conduct investigations, on and off the
property in question, of offenses that have been or may
be committed against property under the charge and
control of the Administrator or against persons on such
property.
``(3) Approval of regulations by attorney general.--The
additional powers granted to police officers under paragraph
(2) shall become effective only after the Commissioner of the
Federal Protective Service issues regulations implementing
paragraph (2) and the Attorney General of the United States
approves such regulations.
``(4) Authority outside federal property.--The
Administrator may enter into agreements with State and local
governments to obtain authority for police officers appointed
under this section to exercise, concurrently with State and
local law enforcement authorities, the powers granted to such
officers under this section in areas adjacent to property owned
or occupied by the United States and under the charge and
control of the Administrator.''; and
(2) by moving the left margin of paragraph (1) (as
designated by section 202(4) of this Act) so as to
appropriately align with paragraphs (2), (3), and (4) (as added
by paragraph (1) of this subsection).
SEC. 104. PENALTIES.
Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is
amended to read as follows:
``(a) In General.--Except as provided in subsection (b), whoever
violates any rule or regulation promulgated pursuant to section 2 shall
be fined or imprisoned, or both, in an amount not to exceed the maximum
amount provided for a Class C misdemeanor under sections 3571 and 3581
of title 18, United States Code.''.
SEC. 105. SPECIAL AGENTS.
``Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is
amended--
(1) by striking ``nonuniformed special policemen'' each
place it appears and inserting ``special agents'';
(2) by striking ``special policemen'' and inserting
``special agent''; and
(3) by adding at the end the following: ``Any such special
agent while on duty shall have the same authority outside
Federal property as police officers have under section
1(b)(4).''.
SEC. 106. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.
``(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
amended by adding at the end the following:
``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.
``(a) In General.--The Administrator of General Services shall
establish the Federal Protective Service as a separate operating
service of the General Service Administration.
``(b) Appointment of Commissioner.--
``(1) In general.--The Federal Protective Service shall be
headed by a Commissioner who shall be appointed by and report
directly to the Administrator.
``(2) Qualifications.--The Commissioner shall be appointed
from among individuals who have at least 5 years of
professional law enforcement experience in a command or
supervisory position.
``(c) Duties of the Commissioner.--The Commissioner shall--
``(1) assist the Administrator in carrying out the duties
of the Administrator under this Act;
``(2) except as otherwise provided by law, serve as the law
enforcement officer and security official of the United States
with respect to the protection of Federal officers and
employees in buildings and areas that are owned or occupied by
the United States and under the charge and control of the
Administrator (other than buildings and areas that are secured
by the United States Secret Service);
``(3) render necessary assistance, as determined by the
Administrator, to other Federal, State, and local law
enforcement agencies upon request; and
``(4) coordinate the activities of the Commissioner with
the activities of the Commissioner of the Public Buildings
Service.
Nothing in this subsection may be construed to supersede or otherwise
affect the duties and responsibilities of the United States Secret
Service under sections 1752 and 3056 of title 18, United States Code.
``(d) Appointment of Regional Directors and Assistant
Commissioners.--
``(1) In general.--The Commissioner may appoint regional
directors and assistant commissioners of the Federal Protective
Service.
``(2) Qualifications.--The Commissioner shall select
individuals for appointments under paragraphs (1) from among
individuals who have at least 5 years of direct law enforcement
experience, including at least 2 years in a supervisory
position.''.
``(b) Pay Level of Commissioner.--Section 5316 of title 5, United
States Code, is amended by inserting after the paragraph relating to
the Commissioner of the Public Buildings Service the following:
``Commissioner, Federal Protective Service, General Services
Administration.''.
SEC. 107. PAY AND BENEFITS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 7. PAY AND BENEFITS.
``(A) Survey.--The Director of the Office of Personnel Management
shall conduct a survey of the pay and benefits of all Federal police
forces to determine whether there are disparities between the pay and
benefit of such forces that are not commensurate with differences in
duties of working conditions.
``(b) Pay Schedule.--The Director of the Office of Personnel
Management shall in connection with the survey conducted in subsection
(a) produce a pay and benefit schedule for employees of the Federal
Protective Service to be contained in the findings and recommendations.
``(c) Report.--Not later than 6 months after the date of the
enactment of this section, the Director shall transmit to Congress a
report containing the results of the survey conducted under subsection
(a), together with the Director's findings and recommendations.''.
SEC. 108. NUMBER OF POLICE OFFICERS.
``(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:
``SEC. 8. NUMBER OF POLICE OFFICERS.
``After the 1-year period beginning on the date of the enactment of
this section, there shall be at least 730 full-time equivalent police
officers in the Federal Protective Service. This number shall not be
reduced unless specifically authorized by law.''.
SEC. 109. EMPLOYMENT STANDARDS AND TRAINING.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.
``(a) In General.--The Commissioner of the Federal Protective
Service shall prescribe minimum standards of suitability for employment
to be applied in the contracting of security personnel for buildings
and areas that are owned or occupied by the United States and under the
control and charge of the Administrator of General Services.''.
``(1) Contract cost.--The Commissioner of the Federal
Protective Service shall conduct a cost analysis on each
security personnel supply contract to determine if the use of
personnel directly employed by the United States would be more
cost effective for use in buildings and areas that are owned or
occupied by the United States and under the control and charge
of the Administrator of General Services.''.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated from the Federal Buildings
Fund established by section 210(f) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may
be necessary to carry out this Act.''.
TITLE II--FEDERAL FACILITY SAFETY ENHANCEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Facility Safety
Enhancement Act.''
SEC. 202. SAFETY AND SECURITY OF PERSONS IN FEDERAL FACILITIES.
The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended
by adding at the end the following:
``SEC. 22. SAFETY AND SECURITY OF PERSONS IN CHILDCARE FACILITIES.
``(a) Written Notice to Parents or Guardians.--
``(1) Initial notification.--Before the enrollment of any
child in a childcare facility located in a public building
under the control of the Administrator, the Administrator shall
provide to the parents or guardians of the child a written
notification containing--
``(A) an identification of the current tenants in
the public building; and
``(B) the designation of the level of security of
the public building.
``(2) Notification of new tenants.--After providing a
written notification to the parents or guardians of a child
under paragraph (1), the Administrator shall provide to the
parents or guardians a written notification if any new Federal
tenant is scheduled to take occupancy in the public building.
``(b) Written Notice to Federal Employees.--
``(1) Initial notification.--The Administrator shall
provide Federal employees a written notification containing--
``(A) an identification of the current tenants in
the public building; and
``(B) the designation of the level of security of
the public building.
``(2) Notification of serious threats to safety or
security.--As soon as practicable after being informed of a
serious threat, as determined by the Administrator, that could
affect the safety and security of Federal employees, members of
the public and children enrolled in a childcare facility in a
public building under the control of the Administrator, the
Administrator shall provide notice of the threat to the contact
person for each tenant in the facility and to the parents or
guardians of each child in the facility.
``(c) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Administrator shall transmit
to Congress a comprehensive report on childcare facilities in
public buildings under the control of the Administrator.
``(2) Contents.--The report to be transmitted under
paragraph (1) shall include--
``(A) an identification and description of each
childcare facility located in a public building under
the control of the Administrator;
``(B) an assessment of the level of safety and
security of children enrolled in the childcare facility
and recommendations on methods for enhancing that
safety and security; and
``(C) an estimate of cost associated with
recommendations furnished under paragraph (2)(B).
``(3) Windows and interior furnishings.--In conducting an
assessment of a childcare facility under paragraph (2)(B), the
Administrator shall examine the windows and interior
furnishings of the facility to determine whether adequate
protective measures have been implemented to protect children
in the facility against the dangers associated with windows and
interior furnishings in the event of a natural disaster or
terrorist attack, including the deadly effect of flying
glass.''. | Federal Protective Service Reform Act - Amends Federal law to redesignate special policemen of the General Services Administration (GSA) as police officers, and empower them to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations.Increases the maximum penalty for violations of any rules or regulations with respect to Federal property.Directs the Administrator to establish the Federal Protective Service (FPS) as a separate operating service of GSA, headed by a Commissioner.Requires the Director of the Office of Personnel Management to survey the pay and benefits of all Federal police forces to determine whether any disparities exist that are not commensurate with differences in duties or working conditions.Mandates at least 730 full-time police officers in the FPS one year after the enactment of this Act, with no reduction unless specifically authorized by law.Directs the FPS Commissioner to: (1) prescribe minimum standards of employment suitability in the contracting of security personnel for Federal property; and (2) analyze each security personnel supply contract to determine if the use of personnel directly employed by the United States would be more cost effective.Federal Facility Safety Enhancement Act - Amends the Public Buildings Act of 1959 to direct the GSA Administrator to notify: (1) Federal employees and, before enrollment of any child in a childcare facility located in a public building under GSA control, the child's parents or guardians of the identity of the building's current tenants and the designation of the building's level of security; and (2) the child's parents or guardians if any new Federal tenant is scheduled to take occupancy in such building.Requires the Administrator, after being informed of a serious threat that could affect the safety and security of Federal employees, the public, and children enrolled in such a childcare facility, to give notice of the threat to the contact person for each tenant and to the parents or guardians of each child in the facility. | {"src": "billsum_train", "title": "To amend the Act of June 1, 1948 to provide for reform of the Federal Protective Service, to enhance the safety and security of federal employees, members of the public and for children enrolled in childcare facilities located in public buildings under the control of the General Services Administration, and for other purposes."} | 2,925 | 438 | 0.420169 | 1.334564 | 0.722493 | 3.870466 | 6.821244 | 0.917098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
Act of 2005''.
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.
(a) In General.--No State or political subdivision of a State shall
exercise its power of eminent domain, or allow the exercise of such
power by any person or entity to which such power has been delegated,
over property to be used for economic development or over property that
is subsequently used for economic development, if that State or
political subdivision receives Federal economic development funds
during any fiscal year in which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Opportunity to Cure Violation.--A State or political
subdivision shall not be ineligible for any Federal economic
development funds under subsection (b) if such State or political
subdivision returns all real property the taking of which was found by
a court of competent jurisdiction to have constituted a violation of
subsection (a) and replaces any other property destroyed and repairs
any other property damaged as a result of such violation.
SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT.
The Federal Government or any authority of the Federal Government
shall not exercise its power of eminent domain to be used for economic
development.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) Cause of Action.--Any owner of private property who suffers
injury as a result of a violation of any provision of this Act may
bring an action to enforce any provision of this Act in the appropriate
Federal or State court, and a State shall not be immune under the
eleventh amendment to the Constitution of the United States from any
such action in a Federal or State court of competent jurisdiction. In
such action, the defendant has the burden to show by clear and
convincing evidence that the taking is not for economic development.
Any such property owner may also seek any appropriate relief through a
preliminary injunction or a temporary restraining order.
(b) Limitation on Bringing Action.--An action brought under this
Act may be brought if the property is used for economic development
following the conclusion of any condemnation proceedings condemning the
private property of such property owner, but shall not be brought later
than seven years following the conclusion of any such proceedings and
the subsequent use of such condemned property for economic development.
(c) Attorneys' Fee and Other Costs.--In any action or proceeding
under this Act, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. NOTIFICATION BY ATTORNEY GENERAL.
(a) Notification to States and Political Subdivisions.--
(1) Not later than 30 days after the enactment of this Act,
the Attorney General shall provide to the chief executive
officer of each State the text of this Act and a description of
the rights of property owners under this Act.
(2) Not later than 120 days after the enactment of this
Act, the Attorney General shall compile a list of the Federal
laws under which Federal economic development funds are
distributed. The Attorney General shall compile annual
revisions of such list as necessary. Such list and any
successive revisions of such list shall be communicated by the
Attorney General to the chief executive officer of each State
and also made available on the Internet website maintained by
the United States Department of Justice for use by the public
and by the authorities in each State and political subdivisions
of each State empowered to take private property and convert it
to public use subject to just compensation for the taking.
(b) Notification to Property Owners.--Not later than 30 days after
the enactment of this Act, the Attorney General shall publish in the
Federal Register and make available on the Internet website maintained
by the United States Department of Justice a notice containing the text
of this Act and a description of the rights of property owners under
this Act.
SEC. 6. REPORT.
Not later than 1 year after the date of enactment of this Act, and
every subsequent year thereafter, the Attorney General shall transmit a
report identifying States or political subdivisions that have used
eminent domain in violation of this Act to the Chairman and Ranking
Member of the Committee on the Judiciary of the House of
Representatives and to the Chairman and Ranking Member of the Committee
on the Judiciary of the Senate. The report shall--
(1) identify all private rights of action brought as a
result of a State's or political subdivision's violation of
this Act;
(2) identify all States or political subdivisions that have
lost Federal economic development funds as a result of a
violation of this Act, as well as describe the type and amount
of Federal economic development funds lost in each State or
political subdivision and the Agency that is responsible for
withholding such funds;
(3) discuss all instances in which a State or political
subdivision has cured a violation as described in section 2(c)
of this Act.
SEC. 7. SENSE OF CONGRESS REGARDING RURAL AMERICA.
(a) Findings.--The Congress finds the following:
(1) The founders realized the fundamental importance of
property rights when they codified the Takings Clause of the
Fifth Amendment to the Constitution, which requires that
private property shall not be taken ``for public use, without
just compensation''.
(2) Rural lands are unique in that they are not
traditionally considered high tax revenue-generating properties
for State and local governments. In addition, farmland and
forest land owners need to have long-term certainty regarding
their property rights in order to make the investment decisions
to commit land to these uses.
(3) Ownership rights in rural land are fundamental building
blocks for our Nation's agriculture industry, which continues
to be one of the most important economic sectors of our
economy.
(4) In the wake of the Supreme Court's decision in Kelo v.
City of New London, abuse of eminent domain is a threat to the
property rights of all private property owners, including rural
land owners.
(b) Sense of Congress.--It is the sense of Congress that the use of
eminent domain for the purpose of economic development is a threat to
agricultural and other property in rural America and that the Congress
should protect the property rights of Americans, including those who
reside in rural areas. Property rights are central to liberty in this
country and to our economy. The use of eminent domain to take farmland
and other rural property for economic development threatens liberty,
rural economies, and the economy of the United States. The taking of
farmland and rural property will have a direct impact on existing
irrigation and reclamation projects. Furthermore, the use of eminent
domain to take rural private property for private commercial uses will
force increasing numbers of activities from private property onto this
Nation's public lands, including its National forests, National parks
and wildlife refuges. This increase can overburden the infrastructure
of these lands, reducing the enjoyment of such lands for all citizens.
Americans should not have to fear the government's taking their homes,
farms, or businesses to give to other persons. Governments should not
abuse the power of eminent domain to force rural property owners from
their land in order to develop rural land into industrial and
commercial property. Congress has a duty to protect the property rights
of rural Americans in the face of eminent domain abuse.
SEC. 8. DEFINITIONS.
In this Act the following definitions apply:
(1) Economic development.--The term ``economic
development'' means taking private property, without the
consent of the owner, and conveying or leasing such property
from one private person or entity to another private person or
entity for commercial enterprise carried on for profit, or to
increase tax revenue, tax base, employment, or general economic
health, except that such term shall not include--
(A) conveying private property--
(i) to public ownership, such as for a
road, hospital, airport, or military base;
(ii) to an entity, such as a common
carrier, that makes the property available to
the general public as of right, such as a
railroad or public facility;
(iii) for use as a road or other right of
way or means, open to the public for
transportation, whether free or by toll;
(iv) for use as an aqueduct, flood control
facility, pipeline, or similar use;
(B) removing harmful uses of land provided such
uses constitute an immediate threat to public health
and safety;
(C) leasing property to a private person or entity
that occupies an incidental part of public property or
a public facility, such as a retail establishment on
the ground floor of a public building;
(D) acquiring abandoned property;
(E) clearing defective chains of title;
(F) taking private property for use by a public
utility; and
(G) redeveloping of a brownfield site as defined in
the Small Business Liability Relief and Brownfields
Revitalization Act (42 U.S.C. 9601(39)).
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds
distributed to or through States or political subdivisions of
States under Federal laws designed to improve or increase the
size of the economies of States or political subdivisions of
States.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United
States.
SEC. 9. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--The provisions of this Act are severable. If any
provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
(b) Effective Date.--This Act shall take effect upon the first day
of the first fiscal year that begins after the date of the enactment of
this Act, but shall not apply to any project for which condemnation
proceedings have been initiated prior to the date of enactment.
SEC. 10. SENSE OF CONGRESS.
It is the policy of the United States to encourage, support, and
promote the private ownership of property and to ensure that the
constitutional and other legal rights of private property owners are
protected by the Federal Government.
SEC. 11. BROAD CONSTRUCTION.
This Act shall be construed in favor of a broad protection of
private property rights, to the maximum extent permitted by the terms
of this Act and the Constitution.
SEC. 12. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to supersede, limit, or
otherwise affect any provision of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
SEC. 13. RELIGIOUS AND NONPROFIT ORGANIZATIONS.
(a) Prohibition on States.--No State or political subdivision of a
State shall exercise its power of eminent domain, or allow the exercise
of such power by any person or entity to which such power has been
delegated, over property of a religious or other nonprofit organization
by reason of the nonprofit or tax-exempt status of such organization,
or any quality related thereto if that State or political subdivision
receives Federal economic development funds during any fiscal year in
which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Prohibition on Federal Government.--The Federal Government or
any authority of the Federal Government shall not exercise its power of
eminent domain over property of a religious or other nonprofit
organization by reason of the nonprofit or tax-exempt status of such
organization, or any quality related thereto.
SEC. 14. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND PROCEDURES
RELATING TO EMINENT DOMAIN.
Not later than 180 days after the date of the enactment of this
Act, the head of each Executive department and agency shall review all
rules, regulations, and procedures and report to the Attorney General
on the activities of that department or agency to bring its rules,
regulations and procedures into compliance with this Act.
SEC. 15. SENSE OF CONGRESS.
It is the sense of Congress that any and all precautions shall be
taken by the government to avoid the unfair or unreasonable taking of
property away from survivors of Hurricane Katrina who own, were
bequeathed, or assigned such property, for economic development
purposes or for the private use of others.
Passed the House of Representatives November 3, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
By Gerasimos C. Vans,
Deputy Clerk. | Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.
(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.
(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.
(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.
(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.
(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.
(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.
Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.
(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.
(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use. | {"src": "billsum_train", "title": "To protect private property rights."} | 3,067 | 782 | 0.716282 | 2.43454 | 0.708588 | 4.031343 | 4.2 | 0.944776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2009''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness' testimony.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph--
(I) if that judge determines the
action would constitute a violation of
the due process rights of any party;
and
(II) until the Judicial Conference
of the United States promulgates
mandatory guidelines under paragraph
(5).
(B) No media coverage of jurors.--The presiding
judge shall not permit the photographing, electronic
recording, broadcasting, or televising of any juror in
a trial proceeding, or of the jury selection process.
(C) Discretion of the judge.--The presiding judge
shall have the discretion to obscure the face and voice
of an individual, if good cause is shown that the
photographing, electronic recording, broadcasting, or
televising of the individual would threaten--
(i) the safety of the individual;
(ii) the security of the court;
(iii) the integrity of future or ongoing
law enforcement operations; or
(iv) the interest of justice.
(D) Sunset of district court authority.--The
authority under this paragraph shall terminate 3 years
after the date of the enactment of this Act.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
(4) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer in
making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(5) Mandatory guidelines.--Not later than 6 months after
the date of enactment of this Act, the Judicial Conference of
the United States shall promulgate mandatory guidelines which a
presiding judge is required to follow for obscuring of certain
vulnerable witnesses, including crime victims, minor victims,
families of victims, cooperating witnesses, undercover law
enforcement officers or agents, witnesses subject to section
3521 of title 18, United States Code, relating to witness
relocation and protection, or minors under the age of 18 years.
The guidelines shall include procedures for determining, at the
earliest practicable time in any investigation or case, which
witnesses should be considered vulnerable under this section.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is desired
has discretion to promulgate rules and disciplinary measures
for the courtroom use of any form of media or media equipment
and the acquisition or distribution of any of the images or
sounds obtained in the courtroom. The presiding judge shall
also have discretion to require written acknowledgment of the
rules by anyone individually or on behalf of any entity before
being allowed to acquire any images or sounds from the
courtroom.
(7) No broadcast of conferences between attorneys and
clients.--There shall be no audio pickup or broadcast of
conferences which occur in a court proceeding between attorneys
and their clients, between co-counsel of a client, between
adverse counsel, or between counsel and the presiding judge, if
the conferences are not part of the official record of the
proceedings.
(8) Expenses.--A court may require that any accommodations
to effectuate this Act be made without public expense.
(9) Inherent authority.--Nothing in this Act shall limit
the inherent authority of a court to protect witnesses or clear
the courtroom to preserve the decorum and integrity of the
legal process or protect the safety of an individual. | Sunshine in the Courtroom Act of 2009 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party.
Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request.
Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act.
Requires the Judicial Conference of the United States to promulgate mandatory guidelines which a presiding judge must follow for obscuring certain vulnerable witnesses.
Prohibits broadcast of conferences between attorneys and clients. | {"src": "billsum_train", "title": "A bill to provide for media coverage of Federal court proceedings."} | 1,533 | 276 | 0.584572 | 1.853357 | 0.787892 | 4.307692 | 6.158371 | 0.950226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Reserve Program Reform
Act of 1995''.
SEC. 2. EXTENSION OF ENVIRONMENTAL CONSERVATION ACREAGE RESERVE
PROGRAM.
(a) In General.--The following provisions of the Food Security Act
of 1985 are each amended by striking ``1995'' and inserting ``2005'':
(1) Section 1230(a) (16 U.S.C. 3830(a)).
(2) Section 1231(a) (16 U.S.C. 3831(a)).
(3) Section 1231(b)(3) (16 U.S.C. 3831(b)(3)).
(4) The first sentence of section 1231(d) (16 U.S.C.
3831(d)).
(5) Section 1232(c) (16 U.S.C. 3832(c)).
(6) Section 1238B(a)(1) (16 U.S.C. 3838b(a)(1)).
(7) Section 1238B(a)(2) (16 U.S.C. 3838b(a)(2)).
(8) Section 1238B(a)(11) (16 U.S.C. 3838b(a)(2)).
(9) Section 1239(a) (16 U.S.C. 3839(a)).
(b) Wetlands Reserve Program.--Section 1237(c) of such Act (16
U.S.C. 3837(c)) is amended by striking ``2000'' and inserting ``2005''.
SEC. 3. AUTHORITY TO MODIFY OR EXTEND CONTRACTS.
(a) In General.--Subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836) is amended
by inserting after section 1235A the following:
``SEC. 1235B. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER USES.
``(a) In General.--Prior to or upon the expiration of a contract
entered into under this subchapter with respect to environmentally
sensitive land (as defined by the State conservation review committee
established under section 1261 in the State in which the land is
located, or until such committee is formed, the State technical working
group), the Secretary shall extend the duration of the contract, or
modify the terms of the contract, in accordance with this section. The
Secretary shall place a priority on extending or modifying under this
section contracts entered into under this subchapter in such a way as
to enable owners and operators to comply with the applicable plan
referred to in section 1232(a)(1).
``(b) Options for Owners and Operators.--The Secretary shall permit
an owner or operator who has entered into a contract under this
subchapter that is in effect on the date of the enactment of this
section--
``(1) before the expiration of the contract, to remove land
(including partial fields) from enrollment in the conservation
reserve established under this subchapter if--
``(A) the land is not highly erodible cropland;
``(B) the Soil Conservation Service has classified
the land as class I, II, III(s), III(w), or III(c), and
the land is covered by a conservation plan approved by
the local conservation district (or, if the land is not
within a conservation district, a plan approved by the
Secretary) that limits the soil erosion to such land to
not more than the soil loss tolerance level referred to
in section 1201(a)(7)(A)(ii); or
``(C) the land is replaced by land of the same
owner that, according to the local conservation
district or the Secretary, is more environmentally
sensitive;
``(2) before the expiration of the contract, to re-enroll
in the reserve for not more than 10 years portions of land
enrolled in the reserve if--
``(A) the land will remain planted to permanent
cover and devoted to filter strips, field borders,
waterways, terraces, wildlife corridors, well-head
protection; buffer strips adjacent to rivers, streams,
lakes, wetlands, water retention structures, or any
other conservation purpose that the Secretary deems
appropriate; and
``(B) future production on the re-enrolled land
will not contribute to erosion in excess of the soil
loss tolerance level referred to in section
1201(a)(7)(A)(ii);
``(3) before the expiration of the contract, to enter into
negotiations with the Secretary to receive reduced annual
rental payments in exchange for permission to allow limited
uses (as defined by the State conservation review committee
established under section 1261 in the State in which the land
is located, or until such committee is formed, the State
technical working group) on enrolled land, including haying,
grazing, seed production, production of bio-mass, timber, or
such other uses as the Secretary may deem appropriate; or
``(4) upon expiration of the contract, to retain or
transfer cropland bases, with respect to crops for which there
is a production adjustment program, to other lands, as long as
enrolled croplands remain in permanent cover.
``(c) Limitation on Annual Rental Payment for Re-Enrolled Land or
Land Permitted To Be Devoted to Limited Uses.--Annual rental payments
made under this subchapter with respect to land that is the subject of
an agreement entered into pursuant to paragraph (2) or (3) of
subsection (b) shall not exceed an amount equal to 80 percent of the
annual rental payment made under this subchapter with respect to the
land for the 12-month period ending on the date the agreement takes
effect.''.
(b) Conforming Amendment.--Section 1232(a)(7) of such Act (16
U.S.C. 3832(a)(7)) is amended by inserting ``except to the extent
authorized under section 1235B,'' after ``(7)''.
(c) State Conservation Review Committees.--Subtitle G of title XII
of the Food Security Act of 1985 (16 U.S.C. 3861-3862) is amended--
(1) in the subtitle heading, by striking ``TECHNICAL'' and
inserting ``CONSERVATION REVIEW'';
(2) by striking ``technical committee'' each place such
term appears and inserting ``conservation review committee'';
and
(3) in section 1261(c)--
(A) by amending paragraph (2) to read as follows:
``(2) the State committee appointed under section
8(b)(5)(A) of the Soil Conservation and Domestic Allotment
Act;''; and
(B) by amending paragraph (5) to read as follows:
``(5) 3 agricultural producers nominated by the State
committee referred to in paragraph (2);''.
SEC. 4. DEMONSTRATION PROJECTS.
(a) Grant Authority.--
(1) In general.--The Secretary of Agriculture may make
grants to producers of agricultural commodities to retain land
in the conservation reserve established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985, or to enroll land in the reserve, for the purpose of
enabling the owner of the land to grow grass or raise legumes
(or do both) on such land, in rotation, as approved by the
State conservation review committee established under section
1261 of such Act in the State in which the land is located or
until such committee is formed, the State technical working
group.
(2) Number of sites.--The Secretary may not select more
than 3 sites in each State with respect to which grants are to
be made under paragraph (1).
(b) Evaluation.--Not later than 3 years after the first grant is
made under subsection (a), the Secretary shall evaluate the economic
and environmental effects of the uses to which grants under subsection
(a) have been put, and shall submit to the Congress a report that
contains the findings of the Secretary.
(c) Limitations on Authorization of Appropriations.--For grants
under subsection (a), there are authorized to be appropriated to the
Secretary not more than $500,000 for each of fiscal years 1996, 1997,
and 1998. | Conservation Reserve Program Reform Act of 1995 - Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve program.
Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances.
Authorizes a demonstration grant program to permit grass or legumes to be grown on reserve land. Authorizes appropriations. | {"src": "billsum_train", "title": "Conservation Reserve Program Reform Act of 1995"} | 1,845 | 86 | 0.5247 | 1.233747 | 0.629612 | 2.090909 | 20.493506 | 0.87013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Stewardship
Contracting Act of 1994''.
SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--Congress makes the following findings:
(1) In many of the units of the National Forest System,
current conditions, such as heavy fuel loads, tree density, and
increased threats from catastrophic fires, disease, and insect
infestations, adversely affect the biodiversity, health, and
sustainability of the forest ecosystems of such units.
(2) The current authority granted to resource managers of
units of the National Forest System does not provide for the
distribution of revenues from the sale of timber and other
forest products to accomplish ecosystem restoration work under
a single contract.
(3) A new and innovative contracting process for the
National Forest System is required to meet Federal goals of
improving forest resource conditions through implementation of
ecosystem management.
(4) The improvement of the forest resource is important to
the long-term viability of species found on National Forest
System lands.
(5) Ecosystem restoration work performed as part of a
timber sale contract would improve employment opportunities in
communities near units of the National Forest System to the
benefit of long-term economic health and community stability.
(b) Purposes.--The purposes of this Act are as follows:
(1) To improve and restore the health of forest resources
through implementation of ecosystem management.
(2) To provide for employment opportunities and economic
stability for communities near units of the National Forest
System.
(3) To provide for needed flexibility in procurement and
funding practices and in the distribution of revenues from
timber and other forest products to assist in implementation of
ecosystem management.
(4) To provide the Secretary of Agriculture with the
authority to enter into stewardship contracts to achieve
management requirements prescribed in the following provisions
of law:
(A) The Act of June 4, 1897 (commonly known as the
Organic Administration Act; 16 U.S.C. 473-475, 477-482,
551).
(B) The Multiple-Use Sustained-Yield Act of 1960
(16 U.S.C. 528-531).
(C) The Forest and Rangeland Renewable Resources
Act of 1974 (16 U.S.C. 1600-1614).
(D) Section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a).
(E) The Act of May 23, 1908, and section 13 of the
Act of March 1, 1911 (16 U.S.C. 500).
(c) Definitions.--For purposes of this Act:
(1) Account.--The term ``Account'' means the Stewardship
Account established under section 5.
(2) Stewardship contract.--The term ``stewardship
contract'' means a contract under which receipts from the sale
of timber or other forest products are available to finance
other resource activities for the improvement and restoration
of forest ecosystems of units of the National Forest System.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Resource activities.--The term ``resource activities''
includes site preparation, replanting, fish and wildlife
habitat enhancement, silvi-cultural treatments, watershed
improvement, fuel treatments (including prescribed burning),
and road obliteration.
(5) Resource manager.--The term `resource manager' refers
to the line officer responsible for management decisios
associated with project implementation on a unit of a national
forest.
SEC. 3. USE OF STEWARDSHIP CONTRACTS.
(a) Use Authorized.--The Secretary shall establish and implement in
the Forest Service a program to use stewardship contracts for the sale
of timber and forest products on National Forest System lands using
resource activities that provide for the health of the forest,
sustainable ecosystems and economic assistance to forest resource-
dependent communities.
(b) Development and Use of Contracts.--The Secretary shall develop
a standard stewardship contract for use throughout the National Forest
System. Each resource manager of a unit of the National Forest System
may enter into stewardship contracts with qualified non-Federal
entities (as established in regulations relating to procurement by the
Federal Government or as determined by the Secretary). Contracts should
clearly describe the desired future condition for each resource managed
under the contract and the evaluation criteria to be used to determine
acceptable performance. The Secretary shall ensure that resource
managers give such preferential treatment to small businesses,
including small business concerns within the meaning of section 3(a) of
the Small Business Act (15 U.S.C. 632(a)), in the awarding of
stewardship contracts as is required under existing laws and policies
relating to the allocation of timber sale programs in the Forest
Service. The length of a stewardship contract shall be consistent with
the requirements of section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a).
(c) Selection of Areas for Contracts.--In selecting areas within
units of the National Forest System to be subject to stewardship
contracts, the Secretary and resource managers shall base the selection
on the need to improve forest health, maintain and improve soil and
water quality, and improve fisheries and wildlife habitat. Priority
shall be given to wildland interface areas with respect to reducing
fire hazards and minimizing the effects of insect and disease
infestations.
(d) Application of Contracts.--Subject to subsection (e), the
Secretary may apply all or part of the revenues received from the sale
of timber or any other forest products resulting to the Federal
Government under a stewardship contract as an offset against the cost
of other resource activities undertaken by the Secretary.
(e) Effect on Other Revenue Requirements.--Required deposits shall
continue to be made to the National Forest Fund, and 25 percent of the
actual value of timber removed under stewardship contracts shall remain
available for payments to States, as required under the Act of May 23,
1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). The
Secretary shall first collect revenues to make such payments before
exercising the authority provided in subsection (d).
(f) Supplementation of Contracts.--Appropriated funds may be
included in a stewardship contract before the award of the contract
if--
(1) the monies are available from the current annual
appropriation; and
(2) the monies are provided for the benefiting function.
SEC. 4. STEWARDSHIP CONTRACT RECEIPTS AND EXPENDITURES.
(a) Receipts.--Monetary receipts, as part of the payment for timber
and other forest products under stewardship contracts, shall be
deposited in a designated fund to be known as the ``Stewardship
Account''. Amounts in the Account shall be used to make payments to
States under the Act of May 23, 1908, and section 13 of the Act of
March 1, 1911 (16 U.S.C. 500) and to fund resource activities. Amounts
in the Account are hereby appropriated and shall be available to the
Secretary until expended, except that those amounts found by the
Secretary to be in excess to the needs of the Secretary shall be
transferred to miscellaneous receipts in the Treasury of the United
States.
(b) Expenditures.--Not less than 80 percent of amounts in the
Account available for resource activities shall be used for the direct
costs of such resource activities.
(c) Reporting.--As part of the annual report of the Secretary to
Congress, the Secretary shall include an accounting of revenues,
expenditures, and accomplishments related to the stewardship contracts.
SEC. 5. RELATION TO OTHER LAWS.
All stewardship contracts shall comply with existing applicable
laws, and nothing in this Act may be construed as modifying the
provisions of any other law except as explicitly provided in this Act. | National Forest Stewardship Contracting Act of 1994 - Directs the Secretary of Agriculture to: (1) implement a Forest Service program to use National Forest System timber and forest products revenues (stewardship contracts) to conduct other ecosystem resource activities on such lands; and (2) develop a standard System stewardship contract.
Requires stewardship contract receipts to be deposited into a Stewardship Account. Appropriates Account funds. | {"src": "billsum_train", "title": "National Forest Stewardship Contracting Act of 1994"} | 1,723 | 98 | 0.524175 | 1.431874 | 0.653805 | 2.090909 | 20.155844 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains Reform Act of 1997''.
SEC. 2. 70-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN
CORPORATIONS.
(a) In General.--Section 1202 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 1202. CAPITAL GAINS DEDUCTION.
``(a) General Rule.--If for any taxable year a taxpayer other than
a corporation has a net capital gain, 70 percent of such gain shall be
a deduction from gross income.
``(b) Estates and Trusts.--In the case of an estate or trust, the
deduction shall be computed by excluding the portion (if any) of the
gains for the taxable year from sales or exchanges of capital assets
which, under sections 652 and 662 (relating to inclusions of amounts in
gross income of beneficiaries of trusts), is includible by the income
beneficiaries as gain derived from the sale or exchange of capital
assets.
``(c) Coordination With Treatment of Capital Gain Under Limitation
on Investment Interest.--For purposes of this section, the net capital
gain for any taxable year shall be reduced (but not below zero) by the
amount which the taxpayer takes into account as investment income under
section 163(d)(4)(B)(iii).
``(d) Transitional Rule.--
``(1) In general.--In the case of a taxable year which
includes January 1 of the year following the date of enactment
of this section--
``(A) the amount taken into account as the net
capital gain under subsection (a) shall not exceed the
net capital gain determined by only taking into account
gains and losses properly taken into account for the
portion of the taxable year on or after such January 1,
and
``(B) the amount of the net capital gain taken into
account in applying section 1(h) for such year shall be
reduced by the amount taken into account under
subparagraph (A) for such year.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''.
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted
gross income) is amended by inserting after paragraph (15) the
following new paragraph:
``(16) Long-term capital gains.--The deduction allowed by
section 1202.''.
(c) Conforming Amendments.--
(1) Section 1 of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
(2) Section 170(e)(1) of such Code is amended by striking
``the amount of gain'' in the material following subparagraph
(B)(ii) and inserting ``30 percent (100 percent in the case of
a corporation) of the amount of gain''.
(3) Section 172(d)(2)(B) of such Code is amended to read as
follows:
``(B) the deduction under section 1202 shall not be
allowed.''.
(4) The last sentence of section 453A(c)(3) of such Code is
amended by striking all that follows ``long-term capital
gain,'' and inserting ``the maximum rate on net capital gain
under section 1201 or the deduction under section 1202
(whichever is appropriate) shall be taken into account.''.
(5) Section 642(c)(4) of such Code is amended to read as
follows:
``(4) Adjustments.--To the extent that the amount otherwise
allowable as a deduction under this subsection consists of gain
from the sale or exchange of capital assets held for more than
1 year, proper adjustment shall be made for any deduction
allowable to the estate or trust under section 1202 (relating
to capital gains deduction). In the case of a trust, the
deduction allowed by this subsection shall be subject to
section 681 (relating to unrelated business income).''.
(6) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The deduction under section 1202
(relating to capital gains deduction) shall not be taken into
account.''.
(7) Section 643(a)(6)(C) of such Code is amended by
inserting ``(i)'' before ``there shall'' and by inserting
before the period ``, and (ii) the deduction under section 1202
(relating to capital gains deduction) shall not be taken into
account''.
(8)(A) Section 904(b)(2) of such Code is amended by
striking subparagraph (A), by redesignating subparagraph (B) as
subparagraph (A), and by inserting after subparagraph (A) (as
so redesignated) the following:
``(B) Other taxpayers.--In the case of a taxpayer
other than a corporation, taxable income from sources
outside the United States shall include gain from the
sale or exchange of capital assets only to the extent
of foreign source capital gain net income.''.
(B) Section 904(b)(2)(A) of such Code, as so redesignated,
is amended--
(i) by striking all that precedes clause (i) and
inserting the following:
``(A) Corporations.--In the case of a corporation--
'', and
(ii) in clause (i), by striking ``in lieu of
applying subparagraph (A),''.
(C) Section 904(b)(3) of such Code is amended by striking
subparagraphs (D) and (E) and inserting the following:
``(D) Rate differential portion.--The rate
differential portion of foreign source net capital
gain, net capital gain, or the excess of net capital
gain from sources within the United States over net
capital gain, as the case may be, is the same
proportion of such amount as the excess of the highest
rate of tax specified in section 11(b) over the alternative rate of tax
under section 1201(a) bears to the highest rate of tax specified in
section 11(b).''.
(D) Section 593(b)(2)(D)(v) of such Code is amended--
(i) by striking ``if there is a capital gain rate
differential (as defined in section 904(b)(3)(D)) for
the taxable year,'', and
(ii) by striking ``section 904(b)(3)(E)'' and
inserting ``section 904(b)(3)(D)''.
(9) Section 1044(d) of such Code is amended by striking the
last sentence.
(10)(A) Section 1211(b)(2) of such Code is amended to read
as follows:
``(2) the sum of--
``(A) the excess of the net short-term capital loss
over the net long-term capital gain, and
``(B) one-half of the excess of the net long-term
capital loss over the net short-term capital gain.''.
(B) So much of section 1212(b)(2) of such Code as precedes
subparagraph (B) thereof is amended to read as follows:
``(2) Special rules.--
``(A) Adjustments.--
``(i) For purposes of determining the
excess referred to in paragraph (1)(A), there
shall be treated as short-term capital gain in
the taxable year an amount equal to the lesser
of--
``(I) the amount allowed for the
taxable year under paragraph (1) or (2)
of section 1211(b), or
``(II) the adjusted taxable income
for such taxable year.
``(ii) For purposes of determining the
excess referred to in paragraph (1)(B), there
shall be treated as short-term capital gain in
the taxable year an amount equal to the sum
of--
``(I) the amount allowed for the
taxable year under paragraph (1) or (2)
of section 1211(b) or the adjusted
taxable income for such taxable year,
whichever is the least, plus
``(II) the excess of the amount
described in subclause (I) over the net
short-term capital loss (determined)
without regard to this subsection) for
such year.''.
(C) Section 1212(b) of such Code is amended by adding at
the end of the following:
``(3) Transitional rule.--In the case of any amount which,
under this subsection and section 1211(b) (as in effect for
taxable year beginning before January 1, 1998), is treated as a
capital loss in the first taxable year beginning after December
31, 1997, paragraph (2) and section 1211(b) (as so in effect)
shall apply (and paragraph (2) and section 1211(b) as in effect
for taxable years beginning after December 31, 1997, shall not
apply) to the extent such amount exceeds the total of any
capital gain net income (determined without regard to this
subsection) for taxable years beginning after December 31,
1997.''.
(11) Section 1402(i)(1) of such Code is amended by
inserting``, and the deduction provided by section 1202 shall
not apply'' before the period at the end thereof.
(12) Section 1445(e) of such Code is amended--
(A) in paragraph (1), by striking ``35 percent (or,
to the extent provided in regulations, 28 percent)''
and inserting ``22 percent (or, to the extent provided in regulation,
15.6 percent)'', and
(B) in paragraph (2), by striking ``35 percent''
and inserting ``22 percent''.
(13)(A) The second sentence of section 7518(g)(6)(A) of
such Code is amended--
(i) by striking ``during a taxable year to which
section 1(h) or 1201(a) applies'', and
(ii) by striking ``28 percent (34 percent'' and
inserting ``15.6 percent (22 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended--
(i) by striking ``during a taxable year to which
section 1(h) or 1201(a) of such Code applies'', and
(ii) by striking ``28 percent (34 percent'' and
inserting ``15.6 percent (22 percent''.
(14) The item relating to section 1202 in the table of
sections for part I of subchapter P of chapter 1 of such Code
is amended to read as follows:
``Sec. 1202, Capital gains deduction.''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments, made by this section apply to
taxable years ending after December 31 of the year which
includes the date of enactment of this Act.
(2) Repeal of section 1(h).--The amendment made by
subsection (c)(1) applies to taxable years beginning on or
after January 1 of the year following the date of enactment of
this Act.
(3) Contributions.--The amendment made by subsection (c)(2)
applies to contributions on or after January 1 of the year
following the date of enactment of this Act.
(4) Use of long-term losses.--The amendments made by
subsection (c)(10) apply to taxable years beginning on or after
January 1 of the second year following the date of enactment of
this Act.
(5) Withholding.--The amendments made by subsection (c)(12)
apply only to amounts paid on or after January 1 of the year
following the date of enactment of this Act.
SEC. 3. REDUCTION OF ALTERNATIVE CAPITAL GAIN TAX FOR CORPORATIONS.
(a) In General.--Section 1201(a)(2) of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
striking ``35 percent'' and inserting ``22 percent''.
(b) Transitional Rule.--Section 1201(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Transitional Rule.--
``(1) In general.--In applying this section, net capital
gain for any taxable year shall not exceed the net capital gain
determined by taking into account only gains and losses
properly taken into account for the portion of the taxable year
on or after January 1 of the year following the date of
enactment of this subsection.
``(2) Special rule for pass-thru entities.--Section
1202(d)(2) shall apply for purposes of paragraph (1).''.
(c) Conforming Amendment.--Section 852(b)(3)(D)(iii) of the
Internal Revenue Code of 1986 is amended by striking ``65 percent'' and
inserting ``78 percent''.
(d) Effective Date.--The amendments made by this section apply to
taxable years ending after December 31 of the year which includes the
date of enactment of this Act. | Capital Gains Reform Act of 1997 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 70 percent of such gain shall be a deduction from gross income.
Reduces the alternative capital gain tax for corporations. | {"src": "billsum_train", "title": "Capital Gains Reform Act of 1997"} | 3,078 | 86 | 0.567577 | 1.285754 | 1.054239 | 4.802817 | 38.549296 | 0.915493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Education Elimination
Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Principles of federalism embodied in the Constitution
of the United States entrust authority over issues of
educational policy to the States and the people and a Federal
Department of Education is inconsistent with such principles.
(2) Tradition and experience dictate that the governance
and management of schools in the United States are best
performed by parents, teachers, and communities.
(3) The education of the Nation's students is suffering
under a managerial government.
(4) The Department of Education has weakened the ability of
parents to make essential decisions about their children's
education and has undermined the capacity of communities to
govern their schools.
(5) In the 34 years of its existence, the Department of
Education has grown from a budget of $14 billion to almost
$65.7 billion in annual discretionary appropriations
administering around 100 programs. Meanwhile, education
performance for 17-year olds has stagnated since 1971.
(6) The Department of Education has fostered over-
regulation, standardization, bureaucratization, and litigation
in United States education.
(7) The Department of Education expends large amounts of
money on its own maintenance and overhead. While the average
salary for public school teachers is around $56,000, the
average salary for a Department of Education employee is
$108,571.
(8) Recent tests reflect poor results in mathematics,
science, and reading for American students compared with
students from other nations.
(9) Only through initiatives led by parents and local
communities with the power to act can the United States elevate
educational performance toward an acceptable level.
(10) The current system of top down education uniformity is
detrimental to local businesses and communities, the economic
needs of the states, and the Nation's ability to compete
globally for jobs.
(11) The Department of Education has been hostile to many
promising reform ideas or empowering parents, teachers, and
local communities. The United States, once a laboratory of
innovation through the experiments of the States, is moving
toward education standardization that does not consider the
individual educational needs of our diverse population of
students.
SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION.
The Department of Education is abolished, and, with the exception
of the programs transferred under section 7, any program for which the
Secretary of Education or the Department of Education has
administrative responsibility as provided by law or by delegation of
authority pursuant to law is repealed, including each program under the
following:
(1) The Department of Education Organization Act (20 U.S.C.
3401 et seq.).
(2) The General Education Provisions Act (20 U.S.C. 1221 et
seq.).
SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SECONDARY AND FOR
POSTSECONDARY EDUCATION PROGRAMS.
(a) In General.--Subject to the requirements of this title, each
State is entitled to receive from the Secretary of the Treasury, by not
later than July 1 of the preceding fiscal year--
(1) a grant for fiscal year 2015 and each succeeding fiscal
year through fiscal year 2024, that is equal to the amount of
funds appropriated for the State for Federal elementary school
and secondary school programs for fiscal year 2012 (except for
the funds appropriated for fiscal year 2012 for such programs
for such State that are being transferred under section 7); and
(2) a grant for fiscal year 2015 and each succeeding fiscal
year through fiscal year 2024, that is equal to the amount of
funds appropriated for the State for Federal postsecondary
education programs for fiscal year 2012 (except for the funds
appropriated for fiscal year 2012 for such programs for such
State that are being transferred under section 7).
(b) Appropriation.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are appropriated for fiscal
years 2015 through 2024, such sums as are necessary for grants under
subsection (a).
(c) Requirements Relating to Intergovernmental Financing.--The
Secretary of the Treasury shall make the transfer of funds under grants
under subsection (a) directly to each State in accordance with the
requirements of section 6503 of title 31, United States Code.
(d) Expenditure of Funds.--Amounts received by a State under this
section for any fiscal year shall be expended by the State in such
fiscal year or in the succeeding fiscal year.
(e) Use of Funds.--Funds made available to a State--
(1) under subsection (a)(1), shall be used by the State for
any elementary or secondary education purpose permitted by
State law; and
(2) under subsection (a)(2), shall be used by the State for
any postsecondary education purpose permitted by State law.
(f) Supplement, Not Supplant.--A grant received under subsection
(a) shall only be used to supplement the amount of funds that would, in
the absence of such grant, be made available from non-Federal sources
for elementary school and secondary school programs or postsecondary
education programs, and not to supplant those funds.
SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY.
(a) Audits.--
(1) Contract with approved auditing entity.--Not later than
October 1, 2015, and annually thereafter, a State shall
contract with an approved auditing entity (as defined under
paragraph (3)(B)) for purposes of conducting an audit under
paragraph (2) (with respect to the fiscal year ending September
30 of such year).
(2) Audit requirement.--Under a contract under paragraph
(1), an approved auditing entity shall conduct an audit of the
expenditures or transfers made by a State from amounts received
under a grant under section 4, with respect to the fiscal year
which such audit covers, to determine the extent to which such
expenditures and transfers were expended in accordance with
section 4.
(3) Entity conducting audit.--
(A) In general.--With respect to a State, the audit
under paragraph (2) shall be conducted by an approved
auditing entity in accordance with generally accepted
auditing principles.
(B) Approved auditing entity.--For purposes of this
section, the term ``approved auditing entity'' means,
with respect to a State, an entity that is--
(i) approved by the Secretary of the
Treasury;
(ii) approved by the chief executive
officer of the State; and
(iii) independent of any Federal, State, or
local agency.
(4) Submission of audit.--Not later than April 30, 2016,
and annually thereafter, a State shall submit the results of
the audit under paragraph (2) (with respect to the fiscal year
ending on September 30 of such year) to the State legislature
and to the Secretary of the Treasury.
(b) Reimbursement and Penalty.--If, through an audit conducted
under subsection (a), an approved auditing entity finds that a State
violated the requirements of subsection (d) or (e) of section 4, the
State shall pay to the Treasury of the United States 100 percent of the
amount of State funds that were used in violation of section 4 as a
penalty. Insofar as a State fails to pay any such penalty, the
Secretary of the Treasury shall offset the amount not so paid against
the amount of any grant otherwise payable to the State under this Act.
(c) Annual Reporting Requirements.--
(1) In general.--Not later than January 31, 2016, and
annually thereafter, each State shall submit to the Secretary
of the Treasury and the State legislature a report on the
activities carried out by the State during the most recently
completed fiscal year with funds received by the State under a
grant under section 4 for such fiscal year.
(2) Content.--A report under paragraph (1) shall, with
respect to a fiscal year--
(A) contain the results of the audit conducted by
an approved auditing entity for a State for such fiscal
year, in accordance with the requirements of subsection
(a) of this section;
(B) specify the amount of the grant made to the
State under section 4; and
(C) be in such form and contain such other
information as the State determines is necessary to
provide--
(i) an accurate description of the
activities conducted by the State for the
purpose described under section 4; and
(ii) a complete record of the purposes for
which amounts were expended in accordance with
this section.
(3) Public availability.--A State shall make copies of the
reports required under this section available on a public Web
site and shall make copies available in other formats upon
request.
(d) Failure To Comply With Requirements.--The Secretary of the
Treasury shall not make any payment to a State under a grant authorized
by section 4--
(1) if an audit for a State is not submitted as required
under subsection (a), during the period between the date such
audit is due and the date on which such audit is submitted;
(2) if a State fails to submit a report as required under
subsection (c), during the period between the date such report
is due and the date on which such report is submitted; or
(3) if a State violates a requirement of section 4, during
the period beginning on the date the Secretary becomes aware of
such violation and the date on which such violation is
corrected by the State.
(e) Administrative Supervision and Oversight.--
(1) Limited role for secretary of treasury and the attorney
general.--
(A) Treasury.--The authority of the Secretary of
the Treasury under this Act is limited to--
(i) promulgating regulations, issuing
rules, or publishing guidance documents to the
extent necessary for purposes of implementing
subsection (a)(3)(B), subsection (b), and
subsection (d);
(ii) making payments to the States under
grants under section 4;
(iii) approving entities under subsection
(a)(3)(B) for purposes of the audits required
under subsection (a);
(iv) withholding payment to a State of a
grant under subsection (d) or offsetting a
payment of such a grant to a State under
subsection (b); and
(v) exercising the authority relating to
nondiscrimination that is specified in section
6(b).
(B) Attorney general.--The authority of the
Attorney General to supervise the amounts received by a
State under section 4 is limited to the authority under
section 6(b).
(f) Reservation of State Powers.--Nothing in this section shall be
construed to limit the power of a State, including the power of a State
to pursue civil and criminal penalties under State law against any
individual or entity that misuses, or engages in fraud or abuse related
to, the funds provided to a State under section 4.
SEC. 6. NONDISCRIMINATION PROVISIONS.
(a) No Discrimination Against Individuals.--No individual shall be
excluded from participation in, denied the benefits of, or subjected to
discrimination under, any program or activity funded in whole or in
part with amounts paid to a State under section 4 on the basis of such
individual's--
(1) disability under section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794);
(2) sex under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.); or
(3) race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(b) Compliance.--
(1) In general.--If the Attorney General determines that a
State or an entity that has received funds from amounts paid to
a State under a grant under section 4 has failed to comply with
a provision of law referred to in subsection (a), the Secretary
of the Treasury shall notify the chief executive officer of the
State of such failure to comply and shall request that such
chief executive officer secure such compliance.
(2) Enforcement.--If, not later than 60 days after
receiving notification under paragraph (1), the chief executive
officer of a State fails or refuses to secure compliance with
the provision of law referred to in such notification, the
Attorney General may--
(A) institute an appropriate civil action; or
(B) exercise the powers and functions provided
under section 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794a), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as
applicable).
SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS.
Not later than 24 months after the date of enactment of this Act--
(1) each job training program under the jurisdiction of the
Department of Education, including the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.)
shall be transferred to the Department of Labor;
(2) each special education grant program under the
Individuals with Disabilities Education Act (20 U.S.C. 1460 et
seq.) shall be transferred to the Department of Health and
Human Services;
(3) each Indian Education program under the jurisdiction of
the Department of Education shall be transferred to the
Department of the Interior;
(4) each Impact Aid program under title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701
et seq.) shall be transferred to the Department of Defense; and
(5) the Federal Pell Grant program under subpart 1 of part
A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070a), which shall be capped at $18,000,000,000 per fiscal
year, and the Federal student loan programs under parts B and D
of title IV of such Act (20 U.S.C. 1070 et seq.; 20 U.S.C.
1087a et seq.) shall be transferred to the Department of Health
and Human Services.
SEC. 8. GAO REPORT.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate
report, which shall include--
(1) a review and evaluation as to the feasibility of
enhancing the ability of States and local communities to fund
education by reducing the Federal tax burden and commensurately
eliminating Federal Government involvement in providing grants
for education programs; and
(2) an evaluation of the feasibility of the successor
Federal agencies for maintaining the programs to be transferred
under section 7.
SEC. 9. PLAN FOR WINDING UP AFFAIRS.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Congress a plan for winding up
the affairs of the Department of Education in accordance with this Act.
SEC. 10. DEFINITIONS.
In this Act:
(1) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 9101).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 1002).
(3) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003). | Department of Education Elimination Act of 2014 - Abolishes the Department of Education (Department) and repeals any program for which it or the Secretary of Education has administrative responsibility. Directs the Secretary of the Treasury to provide grants to states, for FY2015-FY2024, for any: (1) elementary and secondary education purpose permitted by state law, and (2) postsecondary education purpose permitted by state law. Sets the funding level for those grants at the amount of funding provided to states for federal elementary and secondary education programs and the amount provided for federal postsecondary education programs, respectively, for FY2012, minus the funding they were provided for education programs that this Act transfers to other federal agencies. Requires states to contract for an annual audit of their expenditures or transfers of grant funds. Requires the transfer of: each of the Department's job training programs to the Department of Labor; each special education grant program under the Individuals with Disabilities Education Act to the Department of Health and Human Services (HHS); each of the Department's Indian Education programs to the Department of the Interior; each Impact Aid program under the Elementary and Secondary Education Act of 1965 to the Department of Defense (DOD); and the Federal Pell Grant program and the Federal Family Education Loan and William D. Ford Federal Direct Loan programs, under the Higher Education Act of 1965, to the Department of HHS. Sets a fiscal year cap on Federal Pell Grant funding. | {"src": "billsum_train", "title": "Department of Education Elimination Act of 2014"} | 3,435 | 311 | 0.404198 | 1.239362 | 0.777429 | 2.794224 | 11.588448 | 0.895307 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Injury Compensation Act of
2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United States goods and services compete in global
markets and it is necessary for trade agreements to promote
such competition.
(2) The current dispute resolution mechanism of the World
Trade Organization is designed to resolve disputes in a manner
that brings stability and predictability to world trade.
(3) When foreign countries refuse to comply with a panel or
Appellate Body report of the World Trade Organization and
violate any of the Uruguay Round Agreements, it has a
deleterious effect on the United States economy.
(4) A WTO member can retaliate against a country that
refuses to implement a panel or Appellate Body report by
imposing additional duties of up to 100 percent on goods
imported from the noncomplying country.
(5) The World Trade Organization Dispute Settlement Body
found in favor of the United States regarding the European
Union's ban on United States beef produced with hormones and
authorized retaliation subsequent to the European Union's
failure to implement that decision.
(6) The United States beef industry has suffered by the
European Union's continued noncompliance with the World Trade
Organization ruling and should be remedied through the
establishment of a Beef Industry Compensation Trust Fund until
compliance is achieved.
(7) In cases where additional duties are imposed such as
the United States beef and the European Union dispute, the
additional duties should be used to provide relief to the
United States beef industry that has been insured by
noncompliance.
SEC. 3. DEFINITIONS.
In this Act:
(1) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given such term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7).
(2) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(3) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing The World Trade Organization entered
into on April 15, 1994.
(4) WTO and wto member.--The terms ``WTO'' and ``WTO
member'' have the meanings given those terms in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501).
(5) Injured producer.--The term ``injured producer'' means
a domestic producer of a product (including an agricultural
product) with respect to which a dispute resolution proceeding
has been brought before the World Trade Organization, if the
dispute resolution is resolved in favor of the producer, and
the foreign country against which the proceeding has been
brought has failed to comply with the report of the panel or
Appellate Body of the WTO.
(6) Beef retaliation list.--The term ``beef retaliation
list'' means the list of products of European Union countries
with respect to which the United States Trade Representative is
imposing duties above the level that would otherwise be imposed
under the Harmonized Tariff Schedule of the United States as a
result of the European Union's ban on the importation of United
States beef produced with hormones.
SEC. 4. BEEF INDUSTRY COMPENSATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Beef Industry Compensation
Trust Fund'' (referred to in this Act as the ``Fund'') consisting of
such amounts as may be appropriated or credited to the Fund under
subsection (b) and any interest earned on investment of amounts in the
Fund under subsection (c)(2).
(b) Transfer of Amounts Equivalent to Certain Duties.--
(1) In general.--There are hereby appropriated and
transferred to the Fund an amount equal to the amount received
in the Treasury as a result of the imposition of additional
duties imposed on the products on a United States beef
retaliation list.
(2) Transfers based on estimates.--The amounts required to
be transferred under paragraph (1) shall be transferred at
least quarterly from the general fund of the Treasury to the
Fund on the basis of estimates made by the Secretary of the
Treasury. Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(c) Investment of Fund.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the Secretary's
judgment, required to meet current withdrawals. Such
investments may be made only in interest-bearing obligations of
the United States or in obligations guaranteed as to both
principal and interest by the United States.
(2) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Distributions From Fund.--Amounts in the Fund shall be
available as provided in appropriations Acts, for making distributions
in accordance with subsections (e) and (f).
(e) Availability of Amounts From Fund.--From amounts available in
the Fund (including any amounts not obligated in previous fiscal
years), the Secretary of Agriculture is authorized to provide grants to
a nationally recognized beef promotion and research board established
for the education and market promotion of the United States beef
industry for the following purposes:
(1) To provide assistance to United States beef producers
to improve the quality of beef produced in the United States.
(2) To provide assistance to United States beef producers
in market development, consumer education, and promotion of the
beef industry in overseas markets.
(f) Termination of Fund.--
(1) In general.--The Secretary of the Treasury shall cease
the transfer of amounts equivalent to the duties on the beef
retaliation list when the European Union complies with the
World Trade Organization ruling allowing United States beef
producers access to the European market and additional duties
are no longer imposed on products listed on the beef
retaliation list.
(2) Distribution of unused funds.--The Secretary of
Agriculture shall distribute any unused funds in a manner that
benefits the domestic beef industry.
(g) Report to Congress.--The Secretary of the Treasury shall, after
consultation with the Secretaries of Agriculture, Commerce, and Labor,
report to the Congress each year on the financial condition and the
results of the operations of the Fund during the preceding fiscal year
and on its expected condition and operations during the next fiscal
year.
SEC. 5. PROHIBITION ON REDUCING SERVICES OR FUNDS.
No payment made to an injured producer under this Act shall result
in the reduction or denial of any service or assistance with respect to
which the injured producer would otherwise be entitled. | Authorizes the Secretary of Agriculture to provide grants to a nationally recognized beef promotion and research board to assist U.S. beef producers: (1) improve U.S. beef quality; and (2) promote and develop overseas markets.
Terminates the Fund when: (1) the European Union complies with the World Trade Organization ruling allowing U.S. producers access to the European market; and (2) additional duties are no longer imposed on products listed on the beef retaliation list. | {"src": "billsum_train", "title": "Trade Injury Compensation Act of 2000"} | 1,488 | 101 | 0.531216 | 1.422969 | 0.46981 | 4.011364 | 15.625 | 0.897727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Advanced Energy
Manufacturing Jobs Act of 2012''.
SEC. 2. EXTENSION AND EXPANSION OF THE QUALIFYING ADVANCED ENERGY
PROJECT CREDIT.
(a) Certain Projects Eligible for Credit Without Limitation.--
(1) In general.--Subsection (a) of section 48C of the
Internal Revenue Code of 1986 is amended by striking ``an
amount equal to'' and all that follows and inserting ``an
amount equal to the sum of--
``(1) 30 percent of the basis of the statutory advanced
energy property placed in service by the taxpayer during such
taxable year, plus
``(2) 30 percent of the qualified investment for such
taxable year which respect to any qualifying advanced energy
project of the taxpayer.''.
(2) Statutory advanced energy property.--Subsection (c) of
section 48C of such Code is amended by adding at the end the
following new paragraph:
``(3) Statutory advanced energy property.--
``(A) In general.--The term `statutory advanced
energy property' means any eligible property used
exclusively to manufacture or fabricate--
``(i) equipment which uses solar energy to
generate electricity,
``(ii) fuel cell power plants (as defined
in section 48(c)(1)(C)), or
``(iii) systems for the electro-chemical
storage of electricity (other than lead-acid
batteries) for use--
``(I) in electric or hybrid-
electric motor vehicles, or
``(II) in connection with electric
grids.
``(B) Termination.--Such term shall not include any
property for any period after December 31, 2016.''.
(3) Denial of double benefit.--Subsection (e) of section
48C of such Code is amended by adding at the end the following:
``Statutory advanced energy property shall not be taken into
account in determining the qualified investment in any
qualifying advanced energy project.''.
(b) Extension and Modification of the Qualifying Advanced Energy
Project Program.--
(1) Additional limitation amount to be competitively
allocated by secretary.--Subparagraph (B) of section 48C(d)(1)
of such Code is amended to read as follows:
``(B) Limitation.--The total amount of qualified
investments which may be designated under such program
shall not exceed the amount which will result in the
total amount of credits allowed under such program
being equal to the sum of the following amounts:
``(i) 2009 limitation amount.--
$2,300,000,000.
``(ii) 2012 limitation amount.--
$3,000,000,000.''.
(2) Manufacturing of property used to produce composite
utility poles.--Clause (i) of section 48C(c)(1)(A) of such Code
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) utility poles or supports
made from composite materials which are
comprised of at least 15 percent
recycled materials and are fully
recyclable,''.
(3) Preference in selection criteria for manufacturing.--
Paragraph (3) of section 48C(d) of such Code is amended by
striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(C) shall give the lowest priority to projects
which merely assemble components.''.
(c) Conforming Amendments.--
(1) Paragraph (3) of section 48C(b) of such Code is amended
to read as follows:
``(3) Limitation.--The amount which is treated as a
qualified investment for all taxable years with respect to any
qualifying advanced manufacturing project shall not exceed the
amount designated by the Secretary under subsection (d).''.
(2) Subparagraph (A) of section 48C(c)(2) of such Code is
amended by inserting ``in the case of a qualifying advanced
energy project,'' before ``which is necessary''.
(3) Subparagraph (A) of section 48C(d)(2) of such Code is
amended--
(A) by striking ``during the 2-year period'' and
inserting ``during the--
``(i) in the case of an allocation from the
limitation described in paragraph (1)(B)(i),
the 2-year period'',
(B) by striking the period at the end and inserting
``, or'', and
(C) by adding at the end the following new clause:
``(ii) in the case of an allocation from
the limitation described in paragraph
(1)(B)(ii), the 1-year period beginning on the
date of the enactment of this clause.''.
(4) Paragraph (4) of section 48C(d) of such Code is
amended--
(A) by striking all that precedes subparagraph (A)
and inserting the following:
``(4) Periodic review and redistribution.--At such times as
the Secretary determines appropriate--'', and
(B) by striking ``Not later than 4 years after the
date of the enactment of this section, the'' in
subparagraph (A) and inserting ``The''.
(5) Clause (v) of section 49(a)(1)(C) of such Code is
amended by inserting ``which is statutory advanced energy
property (as defined in section 48C(c)(3)) or'' after ``the
basis of any property''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Major Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a major integrated oil company (as defined in
section 167(h)(5)(B)) to a foreign country or possession of the
United States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years ending after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 4. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT
COSTS OF MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years ending after the date of
the enactment of this Act. | American Advanced Energy Manufacturing Jobs Act of 2012 - Amends the Internal Revenue Code, with respect to the tax credit for the qualifying advanced energy project program, to: (1) allow, through December 31, 2016, an additional credit amount for the cost of manufacturing equipment that uses solar energy to generate electricity, fuel cell power plants, and systems for the electro-chemical storage of electricity; and (2) increase for 2012 the amount of credits that may be allocated under such program.
Provides for an offset against such increased credit by denying to any major integrated oil company: (1) a foreign tax credit if such company receives a tax preference from a foreign jurisdiction that does not impose a generally applicable income tax, and (2) a tax deduction for intangible drilling and development costs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend and expand the credit for qualifying advanced energy projects, and for other purposes."} | 2,240 | 160 | 0.606077 | 1.754696 | 0.777496 | 2.625806 | 12.587097 | 0.922581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategy for Combating
Terrorist, Underground, and Other Illicit Financing Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The financing of terrorism and related forms of illicit
finance present a direct threat to national security and a
threat to global stability.
(2) New terrorist groups or threats can form quickly, and
other groups change tactics to adapt, creating a constantly
changing terrorist environment, presenting ever-changing risks
and challenges to programs to disrupt the financing of
terrorism and related forms of illicit finance.
(3) Terrorists in some instances have formed symbiotic
relationships with, or are taking over, transnational crime
syndicates, so that funding for both terrorism and profits from
crime flow in the same fashion and often are indistinguishable.
(4) Methods of concealing the movement of illicit funding
change quickly in a globalized economy, and rapid technological
changes and financial innovation pose new risks that may be
increasingly difficult for governments to stay abreast of
without an agile, constantly adjusted strategy to spot,
disrupt, and prevent the financing of terrorism and related
forms of illicit finance.
(5) A bipartisan requirement to create a national anti-
money laundering strategy enacted in 1998 expired in 2007.
Given the rapid globalization and rapid technology changes of
the financial sector, an updated strategy focused on the
financing of terrorism is necessary.
(6) It is important for the Government to have a unified
strategy to fight financial crime and to update it annually,
both to accommodate new and developing threats and to help
Congress develop legislative and funding priorities.
(7) An effective strategy to counter terrorism financing is
a critical component of the broader counter terrorism strategy
of the United States.
SEC. 3. DEVELOPMENT OF NATIONAL STRATEGY.
(a) In General.--The President, acting through the Secretary shall,
in consultation with the Attorney General, the Secretary of State, the
Secretary of Homeland Security, the Director of National Intelligence,
and the appropriate Federal banking agencies, develop a national
strategy for combating the financing of terrorism and related forms of
illicit finance.
(b) Transmittal to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive national
strategy developed in accordance with subsection (a).
(2) Updates.--Every 2 years following the initial
submission under paragraph (1), the President shall submit to
the appropriate congressional committees updated versions of
the national strategy.
(c) Separate Presentation of Classified Material.--Any part of the
national strategy that involves information that is properly classified
under criteria established by the President shall be submitted to the
Congress separately in a classified annex and, if requested by the
chairman or ranking Member of one of the appropriate congressional
committees, as a briefing at an appropriate level of security.
SEC. 4. CONTENTS.
(a) In General.--The strategy described in section 3 shall contain
the following:
(1) Evaluation of existing efforts.--An assessment of the
effectiveness of and ways in which the United States is
currently addressing the highest levels of risk of various
forms of illicit finance, including those identified in the
documents entitled ``2015 National Money Laundering Risk
Assessment'' and ``2015 National Terrorist Financing Risk
Assessment'', published by the Department of the Treasury and a
description of how the strategy is integrated into, and
supports, the broader counter terrorism strategy of the United
States.
(2) Goals, objectives, and priorities.--A comprehensive,
research-based, long-range, quantifiable discussion of goals,
objectives, and priorities for disrupting and preventing
illicit finance activities within and transiting the financial
system of the United States that outlines priorities to reduce
the incidence, dollar value, and effects of illicit finance.
(3) Threats.--An identification of the most significant
illicit finance threats to the financial system of the United
States.
(4) Reviews and proposed changes.--Reviews of enforcement
efforts, relevant regulations and relevant provisions of law
and, if appropriate, discussions of proposed changes determined
to be appropriate to ensure that the United States pursues
coordinated and effective efforts at all levels of government,
and with international partners of the United States, in the
fight against illicit finance.
(5) Detection and prosecution initiatives.--A description
of efforts to improve detection and prosecution of illicit
finance, including efforts to ensure that--
(A) subject to legal restrictions, all appropriate
data collected by the Federal Government that is
relevant to the efforts described in this section be
available in a timely fashion to--
(i) all appropriate Federal departments and
agencies; and
(ii) as appropriate and consistent with
section 314 of the International Money
Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (31 U.S.C. 5311 note),
financial institutions to assist the financial
institutions in efforts to comply with laws
aimed at curbing illicit finance; and
(B) appropriate efforts are undertaken to ensure
that Federal departments and agencies charged with
reducing and preventing illicit finance make thorough
use of publicly available data in furtherance of this
effort.
(6) The role of the private financial sector in prevention
of illicit finance.--A discussion of ways to enhance
partnerships between the private financial sector and Federal
departments and agencies with regard to the prevention and
detection of illicit finance, including--
(A) efforts to facilitate compliance with laws
aimed at stopping such illicit finance while
maintaining the effectiveness of such efforts; and
(B) providing guidance to strengthen internal
controls and to adopt on an industry-wide basis more
effective policies.
(7) Enhancement of intergovernmental cooperation.--A
discussion of ways to combat illicit finance by enhancing--
(A) cooperative efforts between and among Federal,
State, and local officials, including State regulators,
State and local prosecutors, and other law enforcement
officials; and
(B) cooperative efforts with and between
governments of countries and with and between
multinational institutions, including the Financial
Action Task Force, with expertise in fighting illicit
finance.
(8) Trend analysis of emerging illicit finance threats.--A
discussion of and data regarding trends in illicit finance,
including evolving forms of value transfer such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime, or any
other threats that the Secretary may choose to identify.
(9) Budget priorities.--A multiyear budget plan that
identifies sufficient resources needed to successfully execute
the full range of missions called for in this section.
(10) Technology enhancements.--An analysis of current and
developing ways to leverage technology to improve the
effectiveness of efforts to stop the financing of terrorism and
other forms of illicit finance, including better integration of
open-source data.
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on the
Judiciary, the Committee on Homeland Security and
Governmental Affairs, and the Select Committee on
Intelligence of the Senate;
(2) the term ``illicit finance'' means the financing of
terrorism, money laundering, or other forms of illicit
financing domestically or internationally, as defined by the
President;
(3) the term ``Secretary'' means the Secretary of the
Treasury; and
(4) the term ``State'' means each of the several States,
the District of Columbia, and each territory or possession of
the United States. | National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act This bill directs the Department of the Treasury to develop a national strategy to combat the financing of terrorism and related forms of illicit finance. | {"src": "billsum_train", "title": "National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act"} | 1,690 | 49 | 0.563351 | 1.40943 | 0.722685 | 5.717949 | 41.794872 | 0.948718 |
SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON
CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL
RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), is amended by adding at the end the following
new subsection:
``(i)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to a reporting period for an election, accept contributions--
(A) from persons other than individual residents of the
congressional district involved in excess of 40 percent of the
total of contributions accepted; or
(B) from persons other than individual residents of the
State in which the congressional district involved is located
in excess of 10 percent of the total of contributions
accepted.''.
SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A
MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the
following: ``, except that in the case of an election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress, the limitation shall be $1,000.''.
SEC. 3. BAN ON SOFT MONEY.
(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:
``limitations and reporting requirements for amounts paid for mixed
political activities
``Sec. 323. (a) Any payment by the national committee of a
political party or a State committee of a political party for a mixed
political activity--
``(1) shall be subject to limitation and reporting under
this Act as if such payment were an expenditure; and
``(2) may be paid only from an account that is subject to
the requirements of this Act.
``(b) As used in this section, the term `mixed political activity'
means, with respect to a payment by the national committee of a
political party or a State committee of a political party, an activity,
such as a voter registration program, a get-out-the-vote drive, or
general political advertising, that is both (1) for the purpose of
influencing an election for Federal office, and (2) for any purpose
unrelated to influencing an election for Federal office.''.
(b) Repeal of Building Fund Exception to the Definition of the Term
``Contribution''.--Section 301(8)(B) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) by striking out clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
SEC. 4. HOUSE OF REPRESENTATIVES OFFICIAL MAIL ALLOWANCE FORMULA
REDUCTION.
Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking out ``3''
and inserting in lieu thereof ``1.5''.
SEC. 5. PROHIBITION OF MAILING OF NEWSLETTERS UNDER THE CONGRESSIONAL
FRANK.
(a) Intent of Congress.--Section 3210(a) of title 39, United States
Code, is amended by adding at the end the following new paragraph:
``(8) It is the intent of Congress that a Member of or Member-elect
to Congress (other than a Senator or a Senator-elect) may not mail a
congressional newsletter as franked mail.''.
(b) Exclusion from List of Frankable Mail.--Section 3210(a)(3) of
title 39, United States Code, is amended--
(1) in subparagraph (B) by inserting ``subject to paragraph
(8),'' before ``the usual and customary''; and
(2) in subparagraphs (I) and (J) by striking out
``newsletter or other''.
(c) Exclusion Relating to Mass Mailings.--Section 3210(a)(6)(E) of
title 39, United States Code, is amended--
(1) in clause (ii) by striking out ``or'' after the
semicolon;
(2) in clause (iii) by striking out the period and
inserting ``; or''; and
(3) by adding after clause (iii) the following new clause:
``(iv) of congressional newsletters, to the extent intended
by Congress to be nonmailable as franked mail under subsection
(a)(8).''.
(d) Exclusion Relating to Permissible Forms of Franked Mail.--
Section 3210(c) of title 39, United States Code, is amended by striking
out ``subsection (a)(4) and (5) of this section.'' and inserting in
lieu thereof ``paragraph (4), (5), or (8) of subsection (a).''.
SEC. 6. LENGTHENED NONMAILING PERIOD FOR MASS MAILING BY MEMBERS OF THE
HOUSE OF REPRESENTATIVES.
Section 3210(a)(6)(A) of title 39, United States Code, is amended--
(1) in clause (i), by inserting after ``60 days'' the
following: (180 days in the case of a Member of, or Member-
elect to, the House of Representatives)''; and
(2) in clause (ii)(II), by striking out ``60 days'' and
inserting in lieu thereof ``180 days''.
SEC. 7. AMENDMENTS TO COMMUNICATIONS ACT OF 1934.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``forty-five'' and inserting
``30'';
(B) by striking ``sixty'' and inserting ``45''; and
(C) by striking ``lowest unit charge of the station
for the same class and amount of time for the same
period'' and insert ``lowest charge of the station for
the same amount of time for the same period'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c)(1) Except as provided in paragraph (2), a licensee shall not
preempt the use, during any period specified in subsection (b)(1), of a
broadcasting station by a legally qualified candidate for public office
who has purchased and paid for such use pursuant to the provisions of
subsection (b)(1).
``(2) If a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''; and
(4) in subsection (d) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end thereof the following new
paragraph:
``(3) a station's lowest charge for purposes of paragraph
(1)--
``(A) with respect to a primary or primary runoff
election, is determined for the interval beginning 60
days before such election and ending on the date of
that election; and
``(B) with respect to a general or special
election, is determined for the interval beginning 90
days before such election and ending on the date of
that election.''.
SEC. 8. DENIAL OF DEDUCTION FOR LOBBYING EXPENSES.
(a) Disallowance of Deduction.--Section 162(e) (relating to
appearances, etc., with respect to legislation) is amended to read as
follows:
``(e) Denial of Deduction for Certain Lobbying and Political
Expenditures.--
``(1) In general.--No deduction shall be allowed under
subsection (a) for any amount paid or incurred--
``(A) in connection with influencing legislation,
``(B) for participation in, or intervention in, any
political campaign on behalf of (or in opposition to)
any candidate for public office, or
``(C) in connection with any attempt to influence
the general public, or segments thereof, with respect
to elections.
``(2) Application to dues.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for the portion of dues or other
similar amounts (paid by the taxpayer with respect to
an organization) which is allocable to the expenditures
described in paragraph (1).
``(B) Allocation.--
``(i) In general.--For purposes of
subparagraph (A), expenditures described in
paragraph (1) shall be treated as paid out of
dues or other similar amounts.
``(ii) Carryover of lobbying expenditures
in excess of dues.--For purposes of this
paragraph, if expenditures described in
paragraph (1) exceed the dues or other similar
amounts for any calendar year, such excess
shall be treated as expenditures described in
paragraph (1) which are paid or incurred by the
organization during the following calendar
year.
``(3) Influencing legislation.--For purposes of this
subsection--
``(A) In general.--The term `influencing
legislation' means--
``(i) any attempt to influence the general
public, or segments thereof, with respect to
legislation, and
``(ii) any attempt to influence any
legislation through communication with any
member or employee of the legislative body, or
with any government official or employee who
may participate in the formulation of the
legislation.
``(B) Exception for certain technical advice.--The
term `influencing legislation' shall not include the
providing of technical advice or assistance to a
governmental body or to a committee or other
subdivision thereof in response to a specific written
request by such governmental entity to the taxpayer
which specifies the nature of the advice or assistance
requested.
``(C) Legislation.--The term `legislation' has the
meaning given such term by section 4911(e)(2).
``(4) Exception for certain taxpayers.--In the case of any
taxpayer engaged in the trade or business of conducting
activities described in paragraph (1), paragraph (1) shall not
apply to expenditures of the taxpayer in conducting such
activities on behalf of another person (but shall apply to
payments by such other person to the taxpayer for conducting
such activities).
``(5) Cross reference.--
``For reporting requirements related to
this subsection, see section 6050O.''
(b) Reporting Requirements.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 (relating to information concerning transactions
with other persons) is amended by adding at the end the
following new section:
``SEC. 6050O. RETURNS RELATING TO LOBBYING EXPENDITURES OF CERTAIN
ORGANIZATIONS.
``(a) Requirement of Reporting.--Each organization referred to in
section 162(e)(2) shall make a return, according to the forms or
regulations prescribed by the Secretary, setting forth the names and
addresses of persons paying dues to the organization, the amount of the
dues paid by such person, and the portion of such dues which is
nondeductible under section 162(e)(2).
``(b) Statements To Be Furnished to Persons With Respect to Whom
Information Is Furnished.--Any organization required to make a return
under subsection (a) shall furnish to each person whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the organization, and
``(2) the dues paid by the person during the calendar year
and the portion of such dues which is nondeductible under
section 162(e)(2).
The written statement required under the preceding sentence shall be
furnished (either in person or in a statement mailing by first-class
mail which includes adequate notice that the statement is enclosed) to
the persons on or before January 31 of the year following the calendar
year for which the return under subsection (a) was made and shall be in
such form as the Secretary may prescribe by regulations.
``(c) Waiver.--The Secretary may waive the reporting requirements
of this section with respect to any organization or class of
organizations if the Secretary determines that such reporting is not
necessary to carry out the purposes of section 162(e).
``(d) Dues.--For purposes of this section, the term `dues' includes
other similar amounts.''
(2) Penalties.--
(A) Returns.--Subparagraph (A) of section
6724(d)(1) (defining information return) is amended by
striking ``or'' at the end of clause (xi), by striking
the period at the end of the clause (xii) relating to
section 4101(d) and inserting a comma, by redesignating
the clause (xii) relating to section 338(h)(10) as
clause (xiii), by striking the period at the end of
clause (xiii) (as so redesignated) and inserting ``,
or'', and by adding at the end the following new
clause:
``(xiv) section 6050O(a) (relating to
information on nondeductible lobbying
expenditures).''
(B) Payee statements.--Paragraph (2) of section
6724(d) (defining payee statement) is amended by
striking ``or'' at the end of subparagraph (R), by
striking the period at the end of subparagraph (S) and
inserting ``, or'', and by adding at the end the
following new subparagraph:
``(T) section 6050O(b) (relating to returns on
nondeductible lobbying expenditures).''
(C) Excessive underreporting.--Section 6721
(relating to failure to file correct information
returns) is amended by adding at the end the following
new subsection:
``(f) Penalty in Case of Excessive Underreporting on Nondeductible
Dues.--If the aggregate amount of nondeductible dues which is reported
on the return required to be filed under section 6050O(a) for any
calendar year is less than 75 percent of the aggregate amount required
to be so reported--
``(1) subsections (b), (c), and (d) shall not apply, and
``(2) the penalty imposed under subsection (a) shall be
equal to the product of--
``(A) the amount required to be reported which was
not so reported, and
``(B) the highest rate of tax imposed by section 11
for taxable years beginning in such calendar year.''
(3) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 is amended
by adding at the end the following new item:
``Sec. 6050O. Returns relating to
lobbying expenditures of
certain organizations.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 1993.
SEC. 9. PROHIBITION OF TRAVEL BY MEMBERS, OFFICERS, AND EMPLOYEES OF
THE HOUSE OF REPRESENTATIVES AT LOBBYIST EXPENSE.
(a) In General.--A Member, officer, or employee of the House of
Representatives may not perform any travel at the expense of a person
who is required to register under section 308 of the Federal Regulation
of Lobbying Act (2 U.S.C. 267).
(b) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
SEC. 10. SENSE OF CONGRESS RELATING TO LIMITATION OF TERMS OF
REPRESENTATIVES AND SENATORS.
It is the sense of Congress that the Constitution should be amended
so that no person may serve more than 4 consecutive terms as
Representative or two consecutive terms as Senator.
SEC. 11. SENSE OF CONGRESS RELATING TO APPLICATION OF GENERALLY
APPLICABLE LAWS TO THE CONGRESS.
It is the sense of Congress that Congress is not exempt from the
laws that it enacts and should govern itself according to the laws that
apply to the private sector and the other branches of the Federal
Government. | Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives (House) elections from persons other than local individual residents.
Reduces maximum House contribution amounts from multicandidate political committees (PACs).
Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money").
Amends the Legislative Branch Appropriations Act, 1991 to reduce the House mail allowance formula.
Amends Federal law to prohibit newsletter mailings under the congressional franking privilege.
Lengthens the nonmailing period for mass mailings by House members.
Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.
Amends the Internal Revenue Code to deny, with certain exceptions, a deduction for specified lobbying and political expenditures. Establishes membership and dues reporting requirements for related political organizations.
Prohibits lobbyist-paid travel by House members, officers, or employees.
Expresses the sense of the Congress with respect to: (1) term limitations; and (2) the application of generally applicable laws to the Congress. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reform House of Representatives campaign finance laws, and for other purposes."} | 3,933 | 342 | 0.474693 | 1.515123 | 0.74177 | 2.385666 | 11.419795 | 0.829352 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Student Success Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the overwhelming majority of new jobs created by the
United States economy will require at least some college;
(2) the United States has slipped from number 1 in the
world in the percentage of workers with college degrees;
(3) in order to restore the United States standing with
respect to the percentage of workers with college degrees, it
will be necessary to increase the percentage of 25- to 34-year-
olds attaining college degrees from 40 percent to 60 percent;
(4) there is a national imperative to ensure that a greater
number of citizens attain postsecondary degrees and
credentials;
(5) community colleges enroll more than 46 percent of all
the students in American higher education taking credit-bearing
courses;
(6) community colleges enroll disproportionate percentages
of low-income individuals, first generation college students,
and underrepresented racial and ethnic minorities;
(7) the graduation and completion rates of community
colleges can be substantially improved from current rates;
(8) community colleges receive far fewer resources per
student than other types of institutions of higher education;
and
(9) the Federal Government has an interest in ensuring that
community colleges receive greater support to help students
complete their programs and achieve their personal goals.
SEC. 3. COLLEGE RETENTION CHALLENGE GRANTS.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following:
``PART F--COLLEGE RETENTION CHALLENGE GRANTS
``SEC. 791. COLLEGE RETENTION CHALLENGE GRANTS.
``(a) Establishment of Grant Program to States.--
``(1) In general.--
``(A) Award.--From amounts appropriated under
subsection (d), the Secretary shall award grants, from
allotments under paragraph (2), to States to pay the
Federal share of the costs of carrying out the
activities described in paragraph (4).
``(B) Grant terms.--Grants awarded under this
paragraph shall be for a period of 5 years.
``(C) Definitions.--In this section:
``(i) Community college.--The term
`community college' means a public institution
of higher education whose highest degree
offered is predominantly an associate's degree.
``(ii) Open enrollment institution.--The
term `open enrollment institution' means a
community college or an institution of higher
education that has an admission policy whereby
the college or institution will accept any
student who applies for admission.
``(2) Allotments.--
``(A) In general.--Subject to subparagraph (B), in
making grant payments to grantees under this
subsection, the allotment to each grantee for a fiscal
year shall be equal to the sum of--
``(i) the amount that bears the same
relation to 50 percent of the amount
appropriated under subsection (d) for such
fiscal year as the number of residents in the
State aged 15 through 44 who are living below
the poverty line applicable to the individual's
family size (as determined under section 673(2)
of the Community Service Block Grant Act) bears
to the total number of such residents in all
States; and
``(ii) the amount that bears the same
relation to 50 percent of the amount
appropriated under subsection (d) for such
fiscal year as the number of residents in the
State who are enrolled in open enrollment
institutions bears to the total number of such
residents in all States.
``(B) Minimum allotment.--The allotment for each
State under this section for a fiscal year shall not be
an amount that is less than 0.5 percent of the total
amount appropriated under subsection (d) for such
fiscal year.
``(C) Administrative expenses.--A State may not use
more than 5 percent if its allotment for administrative
expenses.
``(3) Application.--A State that desires to receive a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require, including the
following:
``(A) A list of the open enrollment institutions in
the State and the number of students enrolled in such
institutions.
``(B) A description of any data systems and
performance accountability systems that the State uses
to monitor its institutions of higher education.
``(C) A description of any existing statewide
initiatives to improve retention and completion rates
at institutions of higher education in the State.
``(D) An assurance that the State will disseminate
the findings and best practices from the activities
funded under the grant.
``(E) An assurance that the State will--
``(i) review its policies and programs with
respect to access, retention, and completion
based on the outcomes of activities funded
under the grant; and
``(ii) develop or revise policies to
support institutional success improvements.
``(F) A description of how the State will provide
or coordinate the provision of the non-Federal share
from State resources or private contributions.
``(G) A description of the selection criteria for
participating institutions, including how such criteria
will ensure--
``(i) to the extent practicable, an
equitable geographic distribution of
participating institutions within the State;
and
``(ii) that resources are targeted to the
institutions that serve high percentages or
numbers of students from groups
underrepresented in higher education or
students with the greatest financial need.
``(4) State activities.--A State that receives a grant
under this subsection shall carry out the following:
``(A) Grant or contract to nonprofit or public
entity.--The State shall award a grant or contract to a
nonprofit or public entity that has expertise in
improving student outcomes in higher education, data
management and analysis in higher education, and
providing technical assistance to institutions of
higher education for systemic reform to carry out a
comprehensive program to improve college retention and
completion at selected open enrollment institutions.
``(B) Evaluation grant.--The State shall award a
grant or contract for a rigorous, external evaluation
of activities funded under the grant awarded under this
subsection.
``(C) Report.--The State shall report annually to
the Secretary on the implementation of the grant
awarded under this subsection, including information on
student outcomes at participating campuses.
``(5) Additional permissible state activity.--A State that
receives a grant under this subsection may collaborate with
other States--
``(A) to share data and best practices; and
``(B) to develop common approaches to improving
student retention and completion.
``(6) Federal share.--
``(A) Federal share; non-federal share.--
``(i) Federal share.--The amount of the
Federal share under this subsection for a
fiscal year shall be equal to \2/3\ of the
costs of the activities described in paragraph
(4) that are carried out under the grant.
``(ii) Non-federal share.--The amount of
the non-Federal share under this subsection
shall be equal to \1/3\ of the costs of the
activities described in paragraph (4). The non-
Federal share may be in cash or in-kind, and
may be provided from State resources,
contributions from private organizations, or
both.
``(B) Reduction for failure to pay non-federal
share.--If a State fails to provide the full non-
Federal share required under this subsection, the
Secretary shall reduce the amount of the grant payment
under this subsection proportionately.
``(C) Waiver.--The Secretary may waive or reduce
the amount of the non-Federal share for a State--
``(i) experiencing extreme economic
distress; or
``(ii) recovering from a declared natural
disaster.
``(7) Temporary ineligibility for subsequent payments.--The
Secretary may determine a grantee to be temporarily ineligible
to receive a grant payment under this subsection if--
``(A) the grantee fails to submit an annual report
as required under paragraph (4)(C); or
``(B) the Secretary determines, based on
information in the annual report, that the grantee is
not meeting the conditions of the grant or the goals of
the application.
``(b) Program To Improve College Retention and Completion.--
``(1) In general.--A nonprofit or public entity awarded a
grant or contract under subsection (a)(4)(A) shall carry out
each of the following:
``(A) Issue a competition for open enrollment
institutions to participate in the program described in
subsection (c).
``(B) Coordinate activities with the participating
open enrollment institutions.
``(C) Manage data, technical assistance,
professional development in cooperation with
participating open enrollment institutions.
``(D) Provide expertise in the review and
interpretation of data.
``(E) Facilitate the development of the improvement
strategies.
``(F) Facilitate the development of policies and
practices to sustain proven strategies.
``(G) Provide for institutional experimentation
with innovative practices in improving student
retention and completion.
``(H) Establish and maintain a web portal for
sharing findings, best practices, and data among
participating open enrollment institutions and to
deliver professional development and technical
assistance to participating open enrollment
institutions.
``(2) Distribution of funds.--A nonprofit or public entity
awarded a grant or contract under subsection (a)(4)(A)--
``(A) may expend not more than 20 percent of the
grant or contract funds on the activities described in
paragraph (1); and
``(B) shall--
``(i) expend the funds remaining after
carrying out subparagraph (A) on the activities
described in subsection (c)(2); and
``(ii) ensure that funds made available to
participating campuses are of sufficient size
and scope to carry out the activities described
in subsection (c)(2).
``(c) Campus Participation.--
``(1) Open enrollment institution participation.--An open
enrollment institution that desires to participate in the
program described in paragraph (2) shall submit an application
to the nonprofit or public entity that shall include the
following:
``(A) An assurance to maintain its open admission
policies.
``(B) An assurance that the institution's board of
trustees is fully supportive of the institution's
student success plan.
``(C) A description of the core team of
institutional leaders who will lead the campus process
for improvement of student retention and completion.
Such team, at minimum, shall include the college
president, the institutional research or institutional
effectiveness officer (if the institution has such a
position), the chief academic officer, the chief
student services officer, and representatives of the
faculty responsible for programs and curricula in key
areas such as developmental education, mathematics, and
English.
``(D) A description of the data team that will
conduct in-depth examinations of data on student
outcomes disaggregated by race, ethnicity, gender,
socioeconomic status, and disability status. Such team,
may include the institutional research director, the
senior planning administrator, information technology
specialists, faculty, and student services staff.
``(E) A description of any existing institution-
wide efforts to improve retention and completion.
``(F) A description of the institution's current
capacity to--
``(i) use data to devise strategies,
monitor progress, and evaluate outcomes;
``(ii) develop strategies to close any
identified performance gaps among students;
``(iii) involve faculty, students, staff,
and communities in the development and
implementation of the strategies to improve
outcomes;
``(iv) report data and outcomes to the
public and to the campus community; and
``(v) form partnerships with the community,
local businesses, and others.
``(G) Data on student enrollment disaggregated by
full-time/part-time status, race, ethnicity, gender,
and any available data related to socioeconomic status
and disability status.
``(H) Data on student success, including any
available data on the performance indicators described
in paragraph (3).
``(2) Activities.--The program under this paragraph shall
include the open enrollment institution working with the
nonprofit or public entity to undertake a comprehensive program
of institutional improvement to increase retention and
completion, which shall include the following:
``(A) Using data to devise strategies, monitor
progress, and evaluate outcomes.
``(B) Developing strategies to close identified
performance gaps among students.
``(C) Involving faculty, students, staff, and
communities in the development and implementation of
the strategies to improve outcomes.
``(D) Reporting data and outcomes to the public and
to the campus community.
``(E) Forming partnerships with the community,
local businesses, and others.
``(F) Institutionalizing effective policies and
practices to sustain improvements in retention and
completion.
``(3) Performance indicators.--In evaluating the outcome of
the activities described in paragraph (2), an open enrollment
institution participating in such program shall determine
whether the program increased the percentage of students who--
``(A) complete developmental courses and move on to
credit-bearing courses;
``(B) enroll in and complete `gatekeeper courses'
such as introductory mathematics and English;
``(C) satisfactorily complete the courses in which
they enroll;
``(D) re-enroll from 1 semester to the next and
from year to year;
``(E) earn certificates and degrees; and
``(F) transfer to 4-year or other institutions of
higher education.
``(4) Collection and reporting of data.--An open enrollment
institution participating in the program described in paragraph
(2) shall collect and report data disaggregated by full-time/
part-time, race, ethnicity, gender, socioeconomic status, and
disability status.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000,000 for fiscal year
2010 and each of the 4 succeeding fiscal years.''. | Building Student Success Act of 2009 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to allot matching grants to states so each can fund: (1) a comprehensive effort by an experienced nonprofit or public entity to assist selected open enrollment institutions (community colleges or institutions of higher education that accept any student who applies for admission) in devising, implementing, monitoring, and evaluating strategies to improve their students' success; and (2) a rigorous, external evaluation of such effort.
Allots grant funds to states on the basis of each state's share of residents who are enrolled in open enrollment institutions and residents aged 15 through 44 who are impoverished. | {"src": "billsum_train", "title": "A bill to amend title VII of the Higher Education Act of 1965 to provide for college retention challenge grants."} | 3,084 | 144 | 0.53072 | 1.397333 | 0.657715 | 2.723077 | 23.169231 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Choice in Real Estate
Act'' .
SEC. 2. CLARIFICATION THAT REAL ESTATE BROKERAGE AND MANAGEMENT
ACTIVITIES ARE NOT BANKING OR FINANCIAL ACTIVITIES.
(a) Bank Holding Company Act of 1956.--Section 4(k) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1843(k)) is amended by adding at
the end the following new paragraph:
``(8) Real estate brokerage and real estate management
activities.--
``(A) In general.--The Board may not determine that
real estate brokerage activity or real estate
management activity is an activity that is financial in
nature, is incidental to any financial activity, or is
complementary to a financial activity.
``(B) Real estate brokerage activity defined.--For
purposes of this paragraph, the term `real estate
brokerage activity' means any activity that involves
offering or providing real estate brokerage services to
the public, including--
``(i) acting as an agent for a buyer,
seller, lessor, or lessee of real property;
``(ii) listing or advertising real property
for sale, purchase, lease, rental, or exchange;
``(iii) providing advice in connection with
sale, purchase, lease, rental, or exchange of
real property;
``(iv) bringing together parties interested
in the sale, purchase, lease, rental, or
exchange of real property;
``(v) negotiating, on behalf of any party,
any portion of a contract relating to the sale,
purchase, lease, rental, or exchange of real
property (other than in connection with
providing financing with respect to any such
transaction);
``(vi) engaging in any activity for which a
person engaged in the activity is required to
be registered or licensed as a real estate
agent or broker under any applicable law; and
``(vii) offering to engage in any activity,
or act in any capacity, described in clause
(i), (ii), (iii), (iv), (v), or (vi).
``(C) Real estate management activity defined.--For
purposes of this paragraph, the term `real estate
management activity' means any activity that involves
offering or providing real estate management services
to the public, including--
``(i) procuring any tenant or lessee for
any real property;
``(ii) negotiating leases of real property;
``(iii) maintaining security deposits on
behalf of any tenant or lessor of real property
(other than as a depository institution for any
person providing real estate management
services for any tenant or lessor of real
property);
``(iv) billing and collecting rental
payments with respect to real property or
providing periodic accounting for such
payments;
``(v) making principal, interest,
insurance, tax, or utility payments with
respect to real property (other than as a
depository institution or other financial
institution on behalf of, and at the direction
of, an account holder at the institution);
``(vi) overseeing the inspection,
maintenance, and upkeep of real property,
generally; and
``(vii) offering to engage in any activity,
or act in any capacity, described in clause
(i), (ii), (iii), (iv), (v), or (vi).
``(D) Exception for company property.--This
paragraph shall not apply to an activity of a bank
holding company or any affiliate of such company that
directly relates to managing any real property owned by
such company or affiliate, or the purchase, sale, or
lease of property owned, or to be used or occupied, by
such company or affiliate.
``(E) Current activities not affected.--No
provision of this paragraph, or any determination made
pursuant to any such provision, may be construed as
prohibiting, restricting, altering, or otherwise
affecting, the right, power, or ability of any
financial holding company to engage in any activity, or
acquire or retain the shares of any company engaged in
an activity, if engaging in such activity, or acquiring
or retaining such shares, was authorized for financial
holding companies on December 6, 2001.''.
(b) Revised Statutes of the United States.--Section 5136A(b) of the
Revised Statutes of the United States (12 U.S.C. 24a(b)) is amended by
adding at the end the following new paragraph:
``(4) Real estate brokerage and real estate management
activities.--
``(A) In general.--The Secretary may not determine
that real estate brokerage activity or real estate
management activity is an activity that is financial in
nature, is incidental to any financial activity, or is
complementary to a financial activity.
``(B) Definitions.--For purposes of this paragraph,
the terms `real estate brokerage activity' and `real
estate management activity' have the same meanings as
in section 4(k)(8) of the Bank Holding Company Act of
1956.
``(C) Exception for company property.--This
paragraph shall not apply to an activity of a national
bank, or a subsidiary of a national bank, that directly
relates to managing any real property owned by such
bank or subsidiary, or the purchase, sale, or lease of
property owned, or to be owned, by such bank or
subsidiary.
``(D) Current activities not affected.--No
provision of this paragraph, or any determination made
pursuant to any such provision, may be construed as
prohibiting, restricting, altering, or otherwise
affecting, the right, power, or ability of any national
bank, or a subsidiary of a national bank, to engage in
any activity, or acquire or retain the shares of any
company engaged in an activity, if engaging in such
activity, or acquiring or retaining such shares, was
authorized for national banks, or subsidiaries of
national banks, on December 6, 2001.''. | Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause"). | {"src": "billsum_train", "title": "A bill to amend the Bank Holding Company Act of 1956 and the Revised Statutes of the United States to prohibit financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities, and for other purposes."} | 1,324 | 204 | 0.628523 | 1.84834 | 0.772168 | 4.378238 | 6.502591 | 0.875648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock
Box Act''.
SEC. 2. DEFINITIONS.
Section 3 of the Congressional Budget Act of 1974 is amended by
adding at the end the following:
``(11) The term `Medicare surplus reserve' means the
surplus amounts reserved to strengthen and preserve the
Medicare program as calculated in accordance with section
316.''.
SEC. 3. PROTECTION BY CONGRESS.
Congress reaffirms its support for the provisions of section 13301
of the Omnibus Budget Reconciliation Act of 1990 that provides that the
receipts and disbursements of the Social Security trust funds shall not
be counted for the purposes of the budget submitted by the President,
the congressional budget, or the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 4. SOCIAL SECURITY OFF-BUDGET POINT OF ORDER.
Section 301 of the Congressional Budget Act of 1974 is amended by
adding at the end the following:
``(j) Social Security Off-Budget Point of Order.--It shall not be
in order in the House or the Senate to consider any concurrent
resolution on the budget (or amendment, motion, or conference report on
the resolution) that violates section 13301 of the Budget Enforcement
Act of 1990.''.
SEC. 5. MEDICARE SURPLUS RESERVE POINT OF ORDER.
Section 301 of the Congressional Budget Act of 1974 is amended by
adding at the end the following:
``(k) Medicare Surplus Reserve Point of Order.--It shall not be in
order in the Senate to consider any concurrent resolution on the budget
(or amendment, motion, or conference report on the resolution) that
would decrease the surplus in any of the fiscal years covered by the
concurrent resolution below the levels of the Medicare surplus reserve
for those fiscal years calculated in accordance with section 316.''.
SEC. 6. ENFORCEMENT OF MEDICARE SURPLUS RESERVE.
Section 311(a) of the Congressional Budget Act of 1974 is amended
by adding at the end the following:
``(4) Enforcement of the medicare surplus
reserve.--After a concurrent resolution on the budget
has been agreed to, it shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report that would cause a decrease in the
Medicare surplus reserve in any of the fiscal years
covered by the concurrent resolution. This paragraph
shall not apply to a provision that appropriates new
subsidies from the general fund to the Medicare
Hospital Insurance Trust Fund.''.
SEC. 7. SUPERMAJORITY.
Subsections (c)(2) and (d)(3) of section 904 of the Congressional
Budget Act of 1974 are amended by inserting after ``301(i),'' the
following: ``301(j), 301(k), 311(a)(4),''.
SEC. 8. MEDICARE SURPLUS RESERVE.
Title III of the Congressional Budget Act of 1974 is amended by
adding at the end the following:
``medicare surplus reserve
``Sec. 316. (a) In General.--Subject to adjustment pursuant to
subsection (b), the amounts reserved for the Medicare surplus reserve
in each year are--
``(1) for fiscal year 2000, $0;
``(2) for fiscal year 2001, $3,000,000,000;
``(3) for fiscal year 2002, $26,000,000,000;
``(4) for fiscal year 2003, $15,000,000,000;
``(5) for fiscal year 2004, $21,000,000,000;
``(6) for fiscal year 2005, $35,000,000,000;
``(7) for fiscal year 2006, $63,000,000,000;
``(8) for fiscal year 2007, $68,000,000,000;
``(9) for fiscal year 2008, $72,000,000,000;
``(10) for fiscal year 2009, $73,000,000,000;
``(11) for fiscal year 2010, $70,000,000,000;
``(12) for fiscal year 2011, $73,000,000,000;
``(13) for fiscal year 2012, $70,000,000,000;
``(14) for fiscal year 2013, $66,000,000,000; and
``(15) for fiscal year 2014, $52,000,000,000.
``(b) Adjustment.--
``(1) In general.--The amounts in subsection (a) for each
fiscal year shall be adjusted in the budget resolution each
fiscal year through 2014 by a fixed percentage equal to the
adjustment required to those amounts sufficient to extend the
solvency of the Federal Hospital Insurance Trust Fund through
fiscal year 2027.
``(2) Limit based on total surplus.--The Medicare surplus
reserve, as adjusted by paragraph (1), shall not exceed the
total baseline surplus in any fiscal year.''.
SEC. 9. PAY-AS-YOU-GO AND DISCRETIONARY CAP EXTENSION.
(a) In General.--Notwithstanding any other provision of law,
sections 251 and 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 and section 202 of H. Con. Res. 67 (104th Congress)
shall be enforced until Congress enacts legislation that--
(1) ensures the long-term fiscal solvency of the Social
Security trust funds and extends the solvency of the Medicare
trust fund through fiscal year 2027; and
(2) includes a certification in that legislation that the
legislation complies with paragraph (1).
(b) Discretionary Cap Extension.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by adding
after paragraph (7) the following:
``(8) for each fiscal year after 2002, the current services
baseline based on the discretionary spending limit for fiscal
year 2002;''.
SEC. 10. ADJUSTMENT OF BUDGET LEVELS AND REPEAL.
(a) Adjustments.--Upon the enactment of this Act, the Chairmen of
the Committees on the Budget shall file with their Houses appropriately
revised budget aggregates, allocations, and levels (including
reconciliation levels) under the Congressional Budget Act of 1974 to
carry out this Act.
(b) Repeal.--Section 207 of H. Con. Res. 68 (106th Congress) is
repealed. | Social Security and Medicare Lock Box Act - Declares that Congress reaffirms its support for section 13301 of the Omnibus Budget Reconciliation Act of 1990, which provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Amends the Congressional Budget Act of 1974 to declare out of order in the House of Representatives or the Senate consideration of any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that violates section 13301 of the Budget Enforcement Act of 1990.
Declares that it shall be out of order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the surplus in any of the fiscal years covered by the concurrent resolution below the levels of the Medicare surplus reserve for those fiscal years.
Declares that, after a concurrent resolution on the budget has been agreed to, it shall not be in order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in the Medicare surplus reserve in any of the fiscal years covered by the concurrent resolution. Exempts from a point of order raised on this basis any appropriation of new subsidies from the general fund to the Medicare Hospital Insurance Trust Fund.
Makes all points of order established by this Act waivable only by a three-fifths supermajority vote.
Establishes the Medicare Surplus Reserve in the Treasury, consisting of specified amounts for each fiscal year from FY 2001 through 2014 (roughly 40% of the on-budget Medicare surplus), subject to annual adjustment to extend the solvency of the Federal Hospital Insurance Trust Fund through FY 2027.
Prohibits the Reserve, as adjusted, from exceeding the total baseline surplus in any fiscal year.
Declares that certain pay-as-you-go requirements of the Gramm-Rudman-Hollings Act and of
H. Con. Res. 67
(104th Congress) (Concurrent Resolution on the Budget for FY 1996) shall be enforced until Congress enacts legislation that ensures the long-term fiscal solvency of the social security trust funds and extends the solvency of the Medicare trust fund through FY 2027. Amends the Gramm-Rudman-Hollings Act to base the current services baseline for each fiscal year after 2002 on the discretionary spending limit for FY 2002.
Directs the Chairmen of the Committees on the Budget to revise the current budget resolution (
H. Con. Res. 68
, 106th Congress) to make it consistent with this Act.
Amends the current budget resolution to repeal the provision for a point of order in the Senate against the consideration of direct spending or revenue legislation that would increase, or cause, an on-budget deficit during specified time periods, subject to a waiver by a three-fifths majority vote. Restores the previous pay-as-you-go point of order in Concurrent Resolution on the Budget for FY 1996, which was repealed by the current budget resolution. | {"src": "billsum_train", "title": "Social Security and Medicare Lock Box Act"} | 1,381 | 713 | 0.734575 | 2.233723 | 0.647917 | 5.269919 | 2.03252 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings in Construction Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Metric Conversion Act of 1975 was enacted in order
to set forth the policy of the United States to convert to the
metric system. Section 3 of that Act requires that each Federal
agency use the metric system of measurements in its
procurement, grants, and other business-related activities,
unless that use is likely to cause significant cost or loss of
markets to United States firms, such as when foreign
competitors are producing competing products in non-metric
units.
(2) In accordance with that Act and Executive Order 12770,
of July 25, 1991, Federal agencies increasingly construct new
Federal buildings in round metric dimensions. As a result,
companies that wish to bid on Federal construction projects
increasingly are asked to supply materials or products in round
metric dimensions.
(3) While the Metric Conversion Act of 1975 currently
provides an exemption to metric usage when impractical or when
such usage will cause economic inefficiencies, amendments are
warranted to ensure that the use of specific metric components
in metric construction projects do not increase the cost of
Federal buildings to the taxpayers.
SEC. 3. DEFINITIONS.
Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c) is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking ``Commerce.'' in paragraph (4) and
inserting ``Commerce;''; and
(3) by inserting after paragraph (4) the following:
``(5) `full and open competition' has the same meaning as
defined in section 403(6) of title 41, United States Code;
``(6) `total installed price' means the price of purchasing
a product or material, trimming or otherwise altering some or
all of that product or material, if necessary to fit with other
building components, and then installing that product or
material into a Federal facility;
``(7) `hard-metric' means measurement, design, and
manufacture using the metric system of measurement, but does
not include measurement, design, and manufacture using English
system measurement units which are subsequently reexpressed in
the metric system of measurement;
``(8) `cost or pricing data or price analysis' has the
meaning given such terms in section 304A of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254b); and
``(9) `Federal facility' means any public building (as
defined under section 13 of the Public Buildings Act of 1959
(40 U.S.C. 612) and shall include any Federal building or
construction project--
``(A) on lands in the public domain;
``(B) on lands used in connection with Federal
programs for agriculture research, recreation, and
conservation programs;
``(C) on or used in connection with river, harbor,
flood control, reclamation, or power projects;
``(D) on or used in connection with housing and
residential projects;
``(E) on military installations (including any
fort, camp, post, naval training station, airfield,
proving ground, military supply depot, military school,
or any similar facility of the Department of Defense);
``(F) on installations of the Department of Veteran
Affairs used for hospital or domiciliary purposes; or
``(G) on lands used in connection with Federal
prisons,
but does not include (i) any Federal Building or construction
project the exclusion of which the President deems to be
justified in the public interest, or (ii) any construction
project or building owned or controlled by a State government,
local government, Indian tribe, or any private entity.''.
SEC. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL FACILITIES.
(a) The Metric Conversion Act of 1975 (15 U.S.C. 205 et sec.) is
amended by inserting after section 13 the following new section:
``SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION SERVICES AND
MATERIALS FOR FEDERAL FACILITIES.
``(a) In General.--Construction services and materials for Federal
facilities shall be procured in accordance with the policies and
procedures set forth in chapter 137 of title 10, United States Code,
section 2377 of title 10, United States Code, title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.), and section 3(2) of this Act. Determination of a design method
shall be based upon preliminary market research as required under
section 2377(c) of title 10, United States Code, and section 314B(c) of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
264b(c)). If the requirements of this Act conflict with the provisions
of section 2377 of title 10, United States Code, or section 314B of the
Federal Property and Administrative Services Act of 1949, then the
provisions of 2377 or 314B shall take precedence.
``(b) Concrete Masonry Units.--In carrying out the policy set forth
in section 3 (with particular emphasis on the policy set forth in
paragraph (2) of that section) a Federal agency may require that
specifications for the acquisition of structures or systems of concrete
masonry be expressed under the metric system of measurement, but may
not incorporate specifications, that can only be satisfied by hard-
metric versions of concrete masonry units, in a solicitation for design
or construction of a Federal facility within the United States or its
territories, or a portion of said Federal facility, unless the head of
the agency determines in writing that--
``(1) hard-metric specifications are necessary in a
contract for the repair or replacement of parts of Federal
facilities in existence or under construction upon the
effective date of the Savings in Construction Act of 1996; or
``(2) the following 2 criteria are met:
``(A) the application requires hard-metric concrete
masonry units to coordinate dimensionally into 100
millimeter building modules; and
``(B) the total installed price of hard-metric
concrete masonry units is estimated to be equal to or
less than the total installed price of using non-hard-
metric concrete masonry units. Total installed price
estimates shall be based, to the extent available, on
cost or pricing data or price analysis, using actual
hard-metric and non-hard-metric offers received for
comparable existing projects. The head of the agency
shall include in the writing required in this
subsection an explanation of the factors used to
develop the price estimates.
``(c) Recessed Lighting Fixtures.--In carrying out the policy set
forth in section 3 (with particular emphasis on the policy set forth in
paragraph (2) of that section) a Federal agency may require that
specifications for the acquisition of structures or systems of recessed
lighting fixtures be expressed under the metric system of measurement,
but may not incorporate specifications, that can only be satisfied by
hard-metric versions of recessed lighting fixtures, in a solicitation
for design or construction of a Federal facility within the United
States or its territories unless the head of the agency determines in
writing that--
``(1) the predominant voluntary industry consensus
standards include the use of hard-metric for the items
specified; or
``(2) hard-metric specifications are necessary in a
contract for the repair or replacement of parts of Federal
facilities in existence or under construction upon the
effective date of the Savings in Construction Act of 1996; or
``(3) the following 2 criteria are met:
``(A) the application requires hard-metric recessed
lighting fixtures to coordinate dimensionally into 100
millimeter building modules; and
``(B) the total installed price of hard-metric
recessed lighting fixtures is estimated to be equal to
or less than the total installed price of using non-
hard-metric recessed lighting fixtures. Total installed
price estimates shall be based, to the extent
available, on cost or pricing data or price analysis,
using actual hard-metric and non-hard-metric offers
received for comparable existing projects. The head of
the agency shall include in the writing required in
this subsection an explanation of the factors used to
develop the price estimates.
``(d) Limitation.--The provisions of subsections (b) and (c) of
this section shall not apply to Federal contracts to acquire
construction products for the construction of facilities outside of the
United States and its territories.
``(e) Expiration.--The provisions contained in subsections (b) and
(c) of this section shall expire 10 years from the effective date of
the Savings in Construction Act of 1996.''.
SEC. 5. OMBUDSMAN.
Section 14 of the Metric Conversion Act of 1975, as added by
section 4 of this Act, is further amended by adding at the end the
following new subsection:
``(f) Agency Ombudsman.--(1) The head of each executive agency that
awards construction contracts within the United States and its
territories shall designate a senior agency official to serve as a
construction metrication ombudsman who shall be responsible for
reviewing and responding to complaints from prospective bidders,
subcontractors, suppliers, or their designated representatives related
to--
``(A) guidance or regulations issued by the agency on the
use of the metric system of measurement in contracts for the
construction of Federal buildings; and
``(B) the use of the metric system of measurement for
services and materials required for incorporation in individual
projects to construct Federal buildings.
The construction metrication ombudsman shall be independent of the
contracting officer for construction contracts.
``(2) The ombudsman shall be responsible for ensuring that the
agency is not implementing the metric system of measurement in a manner
that is impractical or is likely to cause significant inefficiencies or
loss of markets to United States firms in violation of the policy
stated in section 3(2), or is otherwise inconsistent with guidance
issued by the Secretary of Commerce in consultation with the
Interagency Council on Metric Policy while ensuring that the goals of
the Metric Conversion Act of 1975 are observed.
``(3) The ombudsman shall respond to each complaint in writing
within 60 days and make a recommendation to the head of the executive
agency for an appropriate resolution thereto. In such a recommendation,
the ombudsman shall consider--
``(A) whether the agency is adequately applying the
policies and procedures in this section;
``(B) whether the availability of hard-metric products and
services from United States firms is sufficient to ensure full
and open competition; and
``(C) the total installed price to the Federal Government.
``(4) After the head of the agency has rendered a decision
regarding a recommendation of the ombudsman, the ombudsman shall be
responsible for communicating the decision to all appropriate policy,
design, planning, procurement, and notifying personnel in the agency.
The ombudsman shall conduct appropriate monitoring as required to
ensure the decision is implemented, and may submit further
recommendations, as needed. The head of the agency's decision on the
ombudsman's recommendations, and any supporting documentation, shall be
provided to affected parties and made available to the public in a
timely manner.
``(5) Nothing in this section shall be construed to supersede the
bid protest process established under subchapter V of chapter 35 of
title 31, United States Code.''.
SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVISIONS.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect 90 days after the date of enactment of this Act.
(b) Savings Provisions.--This Act shall not apply to contracts
awarded and solicitations issued on or before the effective date of
this Act, unless the head of a Federal agency makes a written
determination in his or her sole discretion that it would be in the
public interest to apply one or more provisions of this Act or its
amendments to these existing contracts or solicitations.
Passed the House of Representatives September 28, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Savings in Construction Act of 1996 - Amends the Metric Conversion Act of 1975 to define specified terms, including: (1) full and open competition; (2) total installed price; (3) hard-metric; (4) cost or pricing data or price analysis; and (5) Federal facility.
Requires the implementation of such Act in the acquisition of construction services and materials for Federal facilities. Directs that if the requirements of this Act conflict with specified Federal procurement provisions, then such provisions shall take precedence. Sets forth exceptions with respect to the implementation of such Act concerning concrete masonry units and recessed lighting fixtures. Requires the agency head to determine in writing according to specified criteria that specifications can only be satisfied by hard-metric versions.
Requires the head of each agency that awards construction contracts within the United States and its territories to designate a senior agency official as a construction metrication ombudsman to, among other things, be: (1) responsible for reviewing and responding to complaints from prospective bidders, subcontractors, suppliers, or their designated representatives concerning use of the metric system of measurement in contracts for the construction of Federal buildings; (2) independent of the contracting officer for construction contracts; and (3) responsible for ensuring that the agency is not implementing the metric system of measurement in a manner that is either impractical, likely to cause significant inefficiencies or loss of markets to U.S. firms, or inconsistent with specified guidelines while ensuring that the goals of the Metric Conversion Act of 1975 are observed. | {"src": "billsum_train", "title": "Savings in Construction Act of 1996"} | 2,679 | 329 | 0.630187 | 2.084548 | 0.91062 | 4.484848 | 8.511785 | 0.936027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Opportunities Act of
1999''.
TITLE I--HELP SCHOLARSHIPS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Helping Empower Low-Income Parents
(HELP) Scholarships Amendments of 1999''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Congress strongly supports the efforts to expand
educational opportunities for low-income families.
(2) The HELP Scholarships and the education tax credit
proposed under this Act are designed to provide additional
learning opportunities and tools for individuals living in
economically-disadvantaged communities in a manner consistent
with the education flexibility initiatives already adopted by
Congress.
SEC. 103. DEFINITIONS.
Section 6003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7303) is amended--
(1) in the section heading, by striking ``definition'' and
inserting ``definitions'';
(2) by striking ``(1)'', ``(2)'', and ``(3)'';
(3) in the matter proceeding subparagraph (A), by striking
``title the term'' and inserting the following: ``title--
``(1) the term'';
(4) by striking the period at the end; and
(5) by adding at the end the following:
``(2) the term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved; and
``(3) the term `voluntary public and private parental
choice program' means a program that meets the requirements of
section 6301(b)(10), is authorized by State law, and includes 1
or more private schools to allow low-income parents to choose
the appropriate school for their children.''.
SEC. 104. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
Subsection (a) of section 6102 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7312(a)) is amended to read as
follows:
``(a) Distribution Rule.--
``(1) State funds.--
``(A) In general.--Of the amount made available to
a State educational agency each fiscal year to carry
out this title, the agency may reserve for State
programs--
``(i) not more than 10 percent; or
``(ii) in the case of a State that has in
effect a law that establishes a voluntary
public and private parental choice program, not
more than 25 percent.
``(B) Limitation on use of certain reserved
amounts.--If a State educational agency reserves under
subparagraph (A) more than 10 percent of amounts made
available to the agency for a fiscal year, the agency
shall use amounts in excess of 10 percent of amounts so
made available only for voluntary public and private
parental choice programs.
``(2) Local funds.--A State educational agency shall
distribute amounts made available to the agency under this
title that are not reserved under paragraph (1) to local
educational agencies within such State that are located in an
area designated as an empowerment zone or an enterprise
community under section 1391 of the Internal Revenue Code of
1986.
SEC. 105. USES OF FUNDS.
(a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7331(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon; and
(2) by inserting after subparagraph (C) the following:
``(D) establishing voluntary public and private
parental choice programs in accordance with section
6301(b)(10); and''.
(b) Local Uses of Funds.--Section 6301(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7351) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (9) the following:
``(10) voluntary public and private parental choice
programs that--
``(A) are located in an area designated as an
empowerment zone or an enterprise community under
section 1391 of the Internal Revenue Code of 1986;
``(B) ensure that participation in such a voluntary
public and private parental choice program is limited
to families whose family income does not exceed 185
percent of the poverty line;
``(C) ensure that--
``(i) the maximum amount of a voluntary
public and private parental choice scholarship
does not exceed the per pupil expenditure of
the local educational agency in which an
applicant for a voluntary public and private
parental choice scholarship resides; and
``(ii) the minimum amount of a voluntary
public and private parental choice scholarship
is not less than 60 percent of the per pupil
expenditure of the local educational agency in
which an applicant for a voluntary public and
private parental choice scholarship resides or
the cost of tuition at a private school,
whichever is less;
``(D) ensure that for a private school, which may
include a religiously affiliated school, choosing to
participate in a voluntary public and private parental
choice program--
``(i) such a school is permitted to impose
the same academic requirements for all
students, including students selected for a
scholarship as provided under this paragraph;
``(ii) receipt of funds under this title is
not conditioned with requirements or
regulations that preclude the use of such funds
for sectarian educational purposes or require
removal of religious art, icons, scripture, or
other symbols; and
``(iii) such a school is in compliance with
all State requirements applicable to the
operation of a private school that are in
effect in the year preceding the date of the
enactment of the Helping Empower Low-income
Parents (HELP) Scholarships Amendments of 1997;
``(E) may allow State, local, and private funds to
be used for voluntary public and private parental
choice programs; and
``(F) ensure priority for students who were
enrolled in a public school in the school year
preceding the school year in which a voluntary public
and private parental choice school begins operation.''.
SEC. 106. EVALUATION.
Part D of title VI of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7371 et seq.) is amended--
(1) by adding at the end of section 6402 the following new
subsection:
``(j) Application.--This section shall not apply to funds that a
State or local educational agency uses to establish a voluntary public
and private parental choice program in accordance with section
6301(b)(10).''; and
(2) by adding at the end of such part the following new
sections:
``SEC. 6404. EVALUATION.
``(a) Annual Evaluation.--
``(1) Contract.--The Comptroller General of the United
States shall enter into a contract, with an evaluating agency
that has demonstrated experience in conducting evaluations, for
the conduct of an ongoing rigorous evaluation of the programs
established under section 6301(b)(10).
``(2) Annual evaluation requirement.--The contract
described in paragraph (1) shall require the evaluating agency
entering into such contract to evaluate annually each program
established under section 6301(b)(10) in accordance with the
evaluation criteria described in subsection (b) and each such
program that has applied for an education flexibility waiver
under section 6304.
``(3) Transmission.--The contract described in paragraph
(1) shall require the evaluating agency entering into such
contract to transmit to the Comptroller General of the United
States the findings of each annual evaluation under paragraph
(1).
``(b) Evaluation Criteria.--The Comptroller General of the United
States, in consultation with the Secretary, shall establish minimum
criteria for evaluating each program established under section
6301(b)(10). Such criteria shall provide for--
``(1) a description of the implementation of each program
established under section 6301(b)(10) and the program's effects
on all participants, schools, and communities in the program
area, with particular attention given to the effect of parent
participation in the life of the school and the level of
parental satisfaction with the program; and
``(2) a comparison of the educational achievement of all
students in the program area, including a comparison between--
``(A) students receiving a voluntary public and
private parental choice scholarships under section
6301(b)(10); and
``(B) students not receiving a voluntary public and
private parental choice scholarships under such
section.
``(c) Evaluation Funds.--Pursuant to the authority provided under
section 14701, the Secretary shall reserve not more than 0.50 percent
of the amount of funds made available under section 6002 to carry out
this section. To determine the amount necessary for evaluation
purposes, the Secretary shall consider the prospective scale and scope
of the evaluation, including the number of local educational agencies
conducting voluntary public and private choice programs.
``SEC. 6405. APPLICABILITY.
``(a) Not School Aid.--Subject to subsection (b), funds used under
this title to establish a voluntary public and private parental choice
program shall be considered assistance to the student and shall not be
considered as assistance to any school that chooses to participate in
such program.
``(b) No Federal Control.--The Secretary is not permitted to
exercise any direction, supervision, or control over curricula, program
of instruction, administration, or personnel of any school that chooses
to participate in a voluntary public and private choice program
established under 6309(b)(10).''.
TITLE II--EDUCATION TAX CREDIT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Children's Education Tax Credit
Act''.
SEC. 202. CREDIT FOR EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. EDUCATION EXPENSES.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year the amount of the qualified education expenses paid by the
taxpayer during the taxable year for the education of any individual
with respect to whom the taxpayer is allowed a deduction under section
151(c).
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for any taxable year with respect to the qualified education
expenses of any 1 individual shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at an
eligible zone educational institution, and
``(ii) fees, tutoring, books, supplies,
computer equipment (including related software
and services) and other equipment required for
courses of instruction at an eligible zone
educational institution.
``(B) Meals and lodging expenses not included.--
Such term does not include any amount paid, directly or
indirectly, for meals, lodging, or similar personal,
living, or family expenses. In the event an amount paid
for tuition or fees includes an amount for meals,
lodging, or similar expenses which is not separately
stated, the portion of such amount which is
attributable to meals, lodging, or similar expenses
shall be determined under regulations prescribed by the
Secretary.
``(C) Special rule for home schooling.--In the case
of education furnished in the home (as a substitute for
public education) which meets the requirements of State
law relating to compulsory school attendance, the term
`qualified education expenses' means amounts paid for
tutoring, books, supplies, computer equipment
(including related software and services), and other
equipment used in furnishing such education.
``(2) Eligible zone educational institution.--
``(A) In general.--The term `eligible zone
educational institution' means any school described in
subparagraph (B) which is located in an area designated
as an empowerment zone or an enterprise community under
section 1391.
``(B) Schools described.--A school described in
this subparagraph is any of the following:
``(i) A secondary school.
``(ii) An elementary school.
``(iii) Any private, parochial, religious,
or home school organized for the purpose of
providing elementary or secondary education, or
both.
``(3) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965.
``(d) Adjustment for certain scholarships.--The amounts otherwise
taken into account under subsection (a) as qualified education expenses
of any individual during any period shall be reduced (before the
application of subsection (b)) by the sum of the amounts received with
respect to such individual for the taxable year as a qualified
scholarship which under section 117 is not includable in gross income.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or'' after ``1978,'' and
by inserting before the period ``, or enacted by the Children's
Education Tax Credit Act''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Education expenses.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | (Sec. 105) Includes such parental choice programs among State and local uses of title VI funds.
Requires such parental choice programs to be located in an empowerment zone or enterprise community.
(Sec. 106) Directs the Comptroller General to make contracts for annual evaluation of each parental choice program.
Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program.
Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.
Title II: Education Tax Credit
- Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish a tax credit (of up to $1,000) for the qualified educational expenses (tuition, attendance fees, books, supplies, equipment, but excluding meals and lodging) paid by a taxpayer for the education at an eligible zone educational institution of each individual with respect to whom the taxpayer is allowed a deduction as a dependent.
(Sec. 202) Provides for: (1) the inclusion of certain home schooling expenses; and (2) adjustments for certain scholarships.
Defines "eligible zone educational institution" as a secondary school, an elementary school, or any private, parochial, religious, or home school that: (1) provides elementary or secondary education; and (2) is located in an empowerment zone or enterprise community. | {"src": "billsum_train", "title": "Educational Opportunities Act of 1999"} | 3,240 | 331 | 0.453365 | 1.32466 | 0.706564 | 3.933555 | 9.960133 | 0.923588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Assurance of Radiologic
Excellence Act''.
SEC. 2. STATE LICENSES REGARDING PRACTITIONERS OF MEDICAL IMAGING AND
RADIATION THERAPY; LIMITATION ON MEDICAID PAYMENTS FOR
PROCEDURES.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended--
(1) in section 1903(i) (42 U.S.C. 1396b(i))--
(A) in paragraph (20), by striking the period at
the end and inserting ``; or''; and
(B) by inserting after paragraph (20) the following
paragraph:
``(21) with respect to any amount expended on medical
imaging procedures or radiation therapy procedures unless the
State meets the requirements of section 1930A (relating to
State medical radiation licenses).''; and
(2) by inserting after section 1930 the following section:
``state medical radiation licenses
``Sec. 1930A. (a) State Licenses Regarding Medical Imaging and
Radiation Therapy.--For purposes of section 1903(i)(21), a State meets
the requirements of this section if the State demonstrates to the
satisfaction of the Secretary that the law of the State has in effect
the following policies:
``(1) Subject to paragraphs (2) and (3), it is unlawful for
an individual in the State to intentionally administer or plan
medical imaging procedures or radiation therapy procedures to
or for a patient for medical or chiropractic purposes unless
the individual has obtained from the State a license,
certificate, or other document that authorizes the individual
to administer such procedures in the State (referred to in this
section as a `medical radiation license').
``(2) Notwithstanding any other provision of this section,
the State deems an individual as holding a medical radiation
license if the individual is licensed in the State as a doctor
of medicine, osteopathy, dentistry, podiatry, or chiropractic.
``(3) The State requires an individual who administers or
plans medical imaging procedures or radiation therapy
procedures to obtain a medical radiation license from the
State, unless--
``(A) the individual exclusively performs medical
ultrasound or echocardiography; or
``(B) the individual is a student enrolled in an
educational institution or program that is accredited
pursuant to subsection (b)(2)(B) and, as a student,
intentionally administers medical imaging procedures or
radiation therapy procedures for medical or
chiropractic purposes under the supervision of an
individual who holds a medical radiation license
obtained from the State.
``(4) The State does not provide a medical radiation
license to an individual unless the individual meets--
``(A) the criteria established under subsection (b)
by the Secretary; and
``(B) such additional criteria as the State may
establish.
``(b) Issuance by Secretary of Minimum Licensing Criteria.--
``(1) In general.--Not later than 18 months after the date
of the enactment of the Consumer Assurance of Radiologic
Excellence Act, the Secretary shall by regulation issue
criteria that, for purposes of subsection (a)(4)(A), establish
the minimum standards for an individual to obtain a medical
radiation license from a State. In carrying out the preceding
sentence, the Secretary shall--
``(A) establish such standards as the Secretary
determines to be appropriate for ensuring the quality
performance of medical imaging procedures and radiation
therapy procedures; and
``(B) ensure that the standards are at least as
protective of the public health as standards issued
under the Consumer-Patient Radiation Health and Safety
Act of 1981.
``(2) Certain standards.--The Secretary shall ensure that
standards under paragraph (1) are in accordance with the
following:
``(A) The standards shall specify the educational
requirements for an individual to obtain a medical
radiation license, including, if applicable,
requirements regarding practical experience.
``(B) The standards shall provide that an
educational requirement under subparagraph (A) is that
the education involved be provided by an educational
institution or program that is accredited by a
nonprofit private entity recognized by the Secretary
for purposes of this subsection.
``(C) The standards shall specify the criteria that
an entity is required to meet in order to be recognized
by the Secretary as an accrediting entity under
subparagraph (B). Such criteria shall provide that an
entity will not be so recognized unless the entity
establishes accrediting criteria satisfactory to the
Secretary with respect to the quality of educational
institutions and programs in the areas of
administrative policies and procedures, curricula,
recordkeeping, faculty, administrative support, and
such other areas as the Secretary determines to be
appropriate.
``(3) Consultation.--In developing standards under
paragraph (1), the Secretary shall consult with organizations
that are nationally recognized for their expertise in education
and credentialing in medical imaging procedures and radiation
therapy procedures.
``(c) Definitions.--For purposes of this section:
``(1) The term `administer', with respect to medical
imaging procedures or radiation therapy procedures, means--
``(A) the act of directly exposing a patient to
radiation via ionizing or RF radiation for purposes of
medical imaging or for purposes of radiation therapy;
and
``(B) the act of positioning a patient to receive
such an exposure.
``(2) The term `medical imaging procedure' means any
procedure or article, excluding medical ultrasound procedures
or articles, intended for use in the diagnosis of disease or
other medical or chiropractic conditions in humans, including
diagnostic X-rays, nuclear medicine, and magnetic resonance
procedures.
``(3) The term `medical radiation license' has the meaning
indicated for such term in subsection (a)(1).
``(4) The term `plan', with respect to medical imaging
procedures or radiation therapy procedures, means the act of
preparing for the administering of such a procedure to a
patient by evaluating patient-specific or site-specific
information, based on computer analysis or direct measurement
of dose, in order to customize the procedure for the patient
and verifying appropriate dose administrations.
``(5) The term `radiation therapy procedure' means any
radiation procedure or article intended for the cure,
mitigation, or prevention of diseases or disorders in
humans.''.
SEC. 3. APPLICABILITY.
With respect to the condition described in paragraph (21) of
section 1903(i) of the Social Security Act (as inserted by section 2 of
this Act):
(1) Except as provided in paragraph (2), such condition
applies to the States on and after the first day of the first
calendar quarter that begins after the date on which the
Secretary of Health and Human Services promulgates the final
rule under section 1930A(b)(1) of the Social Security Act (as
added by section 2 of this Act).
(2) If the Secretary determines that meeting such condition
requires State legislation (other than legislation
appropriating funds), the condition applies to the State
involved on and after the first day of the first calendar
quarter that begins after the close of the relevant session of
the State legislature. For purposes of the preceding sentence:
(A) The relevant session is the first regular
session of the State legislature that begins after the
date on which such final rule is promulgated by the
Secretary, subject to subparagraph (B).
(B) If the State has a two-year legislative
session, each year of the session is deemed to be a
separate regular session of the State legislature for
purposes of subparagraph (A). | Consumer Assurance of Radiologic Excellence Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit certain payments to States for expenditures for medical imaging procedures or radiation therapy procedures, unless the State meets specified requirements for State medical radiation licenses, including minimum licensing standards the Secretary of Health and Human Services shall establish. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide public access to quality medical imaging procedures and radiation therapy procedures."} | 1,650 | 74 | 0.570206 | 1.444756 | 0.723156 | 3.163934 | 25.868852 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century STEM for
Underrepresented Students Act''.
SEC. 2. STEM FOR UNDERREPRESENTED STUDENTS.
(a) In General.--The Director of the National Science Foundation
shall establish a program to provide grants on a merit-reviewed,
competitive basis for research on programming that engages
underrepresented students in grades kindergarten through 8 in STEM in
order to prepare these groups to pursue undergraduate and graduate
degrees or careers in STEM.
(b) Use of Funds.--
(1) In general.--Grants awarded under this section shall be
used toward research to advance the engagement of
underrepresented students grades kindergarten through 8 in STEM
through providing before-school, after-school, out-of-school,
or summer activities, including programs (if applicable to the
target population) provided in a single-gender environment,
that are designed to encourage interest, engagement, and skills
development of underrepresented students in STEM. Such research
shall be conducted in learning environments that actively
provide programming to underrepresented students in grades
kindergarten through 8 in STEM.
(2) Permitted activities.--Such activities may include--
(A) the provision of programming described in
subsection (a) for the purpose of research;
(B) the use of a variety of engagement methods
including cooperative and hands-on learning;
(C) exposure of underrepresented youth to role
models in the fields of STEM and near-peer mentors;
(D) training of informal learning educators and
youth-serving professionals using evidence-based
methods consistent with the target student population
being served;
(E) education of students on the relevance and
significance of STEM careers, provision of academic
advice and assistance, and activities designed to help
students make real-world connections to STEM content
activities;
(F) the attendance of underrepresented youth at
events, competitions, and academic programs to provide
content expertise and encourage career exposure in
STEM;
(G) activities designed to engage parents of
underrepresented youth;
(H) innovative strategies to engage
underrepresented youth, such as using leadership skill
outcome measures to encourage youth with the confidence
to pursue STEM coursework and academic study;
(I) coordination with STEM-rich environments,
including other nonprofit, nongovernmental
organizations, classroom and out-of-classroom settings,
institutions of higher education, vocational
facilities, corporations, museums, or science centers;
and
(J) the acquisition of instructional materials or
technology-based tools to conduct applicable grant
activity.
(c) Application.--An applicant seeking funding under the section
shall submit an application at such time, in such manner, and
containing such information as may be required. The application shall
include, at a minimum, the following:
(1) A description of the target audience to be served by
the program, including an explanation and justification for why
the target group ought to be considered as underrepresented
students in one or more of the STEM fields.
(2) A description of the process for recruitment and
selection of students.
(3) A description of how such research activity may inform
programming that engages underrepresented students in grades
kindergarten through 8 in STEM.
(4) A description of how such research activity may inform
programming that promotes student academic achievement in STEM.
(5) An evaluation plan that includes, at a minimum, the use
of outcome-oriented measures to determine the impact and
efficacy of programming being researched.
(d) Awards.--In awarding grants under this section, the Director
shall give priority to applicants which, for the purpose of grant
activity, include or partner with a nonprofit, nongovernmental
organization that has extensive experience and expertise in increasing
the participation of underrepresented students in STEM.
(e) Evaluations.--Each applicant that receives funds under this
section shall provide, at the conclusion of every year during which the
funds are received, an evaluation in a form prescribed by the Director.
This evaluation shall include both formative and summative evaluation.
(f) Accountability and Dissemination.--
(1) Evaluation required.--Not later than 3 years after the
date of enactment of this Act, the Director shall evaluate the
program established under this section. In addition to
evaluating the effectiveness of the program, such evaluation
shall--
(A) use a common set of benchmarks and assessment
tools to identify best practices and materials
developed or demonstrated by the research; and
(B) to the extent practicable, combine the research
resulting from the grant activity with the current
research on serving underrepresented students in grades
kindergarten through 8.
(2) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under paragraph (1), the
Director shall submit to Congress and make widely available to
the public a report that includes--
(A) the results of the evaluation; and
(B) any recommendations for administrative and
legislative action that could optimize the
effectiveness of the program.
(g) Coordination.--In carrying out this section, the Director shall
consult, cooperate, and coordinate, to enhance program effectiveness
and to avoid duplication, with the programs and policies of other
relevant Federal agencies. | 21st Century STEM for Underrepresented Students Act - Requires the Director of the National Science Foundation (NSF) to provide merit-reviewed, competitive grants for research on programming that engages underrepresented students in grades kindergarten through 8 in STEM (science, technology, engineering, and mathematics) in order to prepare these groups to pursue undergraduate and graduate degrees or careers in STEM. Requires such grants to be used toward research to advance the engagement of these students in STEM through providing before-school, after-school, out-of-school, or summer activities designed to encourage interest, engagement, and skills development of underrepresented students in STEM. Requires the Director to give priority to applicants which, for the purpose of grant activity, include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of underrepresented students in STEM. | {"src": "billsum_train", "title": "21st Century STEM for Underrepresented Students Act"} | 1,066 | 185 | 0.68337 | 1.88644 | 0.915569 | 7.218182 | 6.430303 | 0.951515 |
SECTION 1. TAX CREDIT FOR MARGINAL AND NEW DOMESTIC OIL AND NATURAL GAS
PRODUCTION.
(a) Credit for Producing Oil and Gas From New Wells and Marginal
Wells.--Subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to business credits) is amended
by adding at the end the following new section:
``SEC. 45C. CREDIT FOR PRODUCING OIL AND GAS FROM NEW WELLS AND
MARGINAL WELLS.
``(a) General Rule.--For purposes of section 38, the new and
marginal well production credit for any taxable year is an amount equal
to the product of--
``(1) the credit amount, and
``(2) the qualified crude oil production and the qualified
natural gas production which is attributable to the taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount is--
``(A) $3 per barrel of qualified crude oil
production, and
``(B) 50 cents per 1,000 cubic feet of qualified
natural gas production.
``(2) Reduction as oil and gas prices increase.--
``(A) In general.--The $3 and 50 cents amounts
under paragraph (1) shall each be reduced (but not
below zero) by an amount which bears the same ratio to
such amount (determined without regard to this
paragraph) as--
``(i) the amount by which the reference
price for the calendar year preceding the
calendar year in which the taxable year begins
exceeds $14 ($2.49 for qualified natural gas
production), bears to
``(ii) $6 ($1.06 for qualified natural gas
production).
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 1995,
each of the dollar amounts contained in subparagraph
(A) shall be increased to an amount equal to such
dollar amount multiplied by the inflation adjustment
factor for such calendar year (determined under section
43(c)(3)(B) by substituting `1994' for `1990').
``(C) Reference price.--For purposes of this
paragraph, the term `reference price' means with
respect to any calendar year--
``(i) in the case of qualified crude oil
production, the reference price determined
under section 29(d)(2)(C), and
``(ii) in the case of qualified natural gas
production, the Secretary's estimate of the
annual average wellhead price per 1,000 cubic
feet for all domestic natural gas.
``(c) Qualified Crude Oil and Natural Gas Production.--For purposes
of this section--
``(1) In general.--The terms `qualified crude oil
production' and `qualified natural gas production' mean
domestic crude oil or natural gas which is produced from--
``(A) a marginal well, or
``(B) a new well.
``(2) Limitation on amount of production which may
qualify.--
``(A) In general.--Crude oil or natural gas
produced during any taxable year from any well shall
not be treated as qualified crude oil production or
qualified natural gas production to the extent
production from the well during the taxable year
exceeds--
``(i) in the case of a marginal well, 1,095
barrels or barrel equivalents, or
``(ii) in the case of a new well, 5,475
barrels or barrel equivalents.
``(B) Special rule where well produces both.--In
the case of a new well which produces crude oil and
natural gas, the limitation for any taxable year
applicable to natural gas produced from the well shall
be reduced by the barrel equivalents (expressed in
cubic feet) of the crude oil produced from the well
during the taxable year.
``(C) Proportionate reductions.--
``(i) Short taxable years.--In the case of
a short taxable year, the limitations under
this paragraph shall be proportionately reduced
to reflect the ratio which the number of days
in the year bears to 365.
``(ii) Wells not in production entire
year.--In the case of a well which is not
capable of production during each day of a
taxable year, the limitations under this
paragraph applicable to the well shall be
proportionately reduced to reflect the ratio
which the number of days of production bears to
the total number of days in the taxable year.
``(3) Definitions.--
``(A) Marginal well.--The term `marginal well'
means a domestic well (other than a new well)--
``(i) the production from which during the
taxable year is treated as marginal production
under section 613A(c)(6), or
``(ii) which, during the taxable year--
``(I) has average daily production
of not more than 25 barrel equivalents,
and
``(II) produces water at a rate not
less than 95 percent of total well
effluent.
``(B) New well.--The term `new well' means a
domestic well drilled after December 31, 1994.
``(C) Crude oil, etc.--The terms `crude oil',
`natural gas', `domestic', and `barrel' have the
meanings given such terms by section 613A(e).
``(D) Barrel equivalent.--The term `barrel
equivalent' means, with respect to natural gas, a
conversion ratio of 6,000 cubic feet of natural gas to
1 barrel of crude oil.
``(d) Other Rules.--
``(1) Production attributable to the taxpayer.--In the case
of a marginal well or new well in which there is more than one
owner of operating interests in the well and the crude oil or
natural gas production exceeds the limitation under subsection
(c)(2), qualifying crude oil production or qualifying natural
gas production attributable to the taxpayer shall be determined
on the basis of the ratio which taxpayer's revenue interest in
the production bears to the aggregate of the revenue interests
of all operating interest owners in the production.
``(2) Operating interest required.--Any credit under this
section may be claimed only on production which is attributable
to the holder of an operating interest as defined in section
614(d).
``(3) Production from nonconventional sources excluded.--In
the case of production from a marginal well which is eligible
for the credit allowed under section 29 for the taxable year,
no credit shall be allowable under this section unless the
taxpayer elects not to claim the credit under section 29 with
respect to the well.''
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (10), by
striking the period at the end of paragraph (11) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(12) the new and marginal oil and gas well production
credit determined under section 45C(a).''
(c) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Special rules for oil and gas production credit.--
``(A) In general.--In the case of the oil and gas
production credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the oil and
gas production credit).
``(B) Oil and gas production credit.--For purposes
of this subsection, the term `oil and gas production
credit' means the credit allowable under subsection (a)
by reason of section 45C(a).''
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
oil and gas production credit'' after ``employment credit''.
(d) Coordination With Section 29.--Section 29(a) of such Code is
amended by striking ``There'' and inserting ``At the election of the
taxpayer, there''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following item:
``45C. Credit for producing oil and gas from new wells and
marginal wells.''
(f) Effective Date.--The amendments made by this section shall
apply to production after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for the production of oil and gas from existing marginal oil and gas wells and from new oil and gas wells."} | 2,052 | 73 | 0.560633 | 1.273988 | 0.821546 | 2.161765 | 27.132353 | 0.838235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taking Account of Institutions with
Low Operation Risk Act of 2016'' or the ``TAILOR Act of 2016''.
SEC. 2. TAILORING REGULATION TO BUSINESS MODEL AND RISK.
(a) Definitions.--In this section--
(1) the term ``Federal financial institutions regulatory
agencies'' means the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, and the Bureau of Consumer Financial
Protection; and
(2) the term ``regulatory action''--
(A) means any proposed, interim, or final rule or
regulation, guidance, or published interpretation; and
(B) does not include any action taken by a Federal
financial institutions regulatory agency that is solely
applicable to an individual institution, including an
enforcement action or order.
(b) Consideration and Tailoring.--For any regulatory action
occurring after the date of enactment of this Act, each Federal
financial institutions regulatory agency shall--
(1) take into consideration the risk profile and business
models of individual institutions and those of similar type
that are subject to the regulatory action; and
(2) tailor such regulatory action applicable to such
institution, or type of institution, in a manner that limits
the regulatory impact, including cost, human resource
allocation and other burdens, on such institution or type of
institution as is appropriate for the risk profile and business
model involved.
(c) Factors To Consider.--In carrying out the requirements of
subsection (b) (and including consideration of the requirements of
paragraph (1) of that subsection), each Federal financial institutions
regulatory agency shall consider--
(1) whether it is necessary to apply such regulatory action
to individual institutions or those of similar type in order to
accomplish the underlying public policy objectives of the
statutory provision involved;
(2) the impact of such regulatory action on the ability of
such institutions to flexibly serve their customers and local
markets now and in the future;
(3) the aggregate impact of all applicable regulatory
actions on the ability of such institutions to flexibly serve
such customers and local markets, both now and in the future;
(4) the potential impact that efforts to implement the
regulatory action, including through the use of examination
manuals, third-party service provider actions, or other
factors, may work to undercut efforts to tailor such regulatory
action described in subsection (b)(2); and
(5) the statutory provision authorizing the regulatory
action, the congressional intent with respect to the statutory
provision, and the policy objectives sought by the Federal
financial regulatory agency in implementing that statutory
provision.
(d) Notice of Proposed and Final Rulemaking.--Each Federal
financial institutions regulatory agency shall disclose and document in
every notice of proposed rulemaking and in any final rulemaking for a
regulatory action how the agency has applied subsections (b) and (c).
(e) Reports to Congress.--
(1) Individual agency reports.--Not later than 1 year after
the date of enactment of this Act and annually thereafter, each
Federal financial institutions regulatory agency shall submit
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report on the specific actions
taken to tailor the regulatory actions of the Federal financial
institutions regulator agency pursuant to the requirements of
this section.
(2) FFIEC reports.--Not later than 3 months after each
report is submitted under paragraph (1), the Federal Financial
Institutions Examination Council shall submit to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a report on--
(A) the extent to which each Federal financial
institutions regulatory agency differs in the treatment
of similarly situated institutions of different charter
type; and
(B) an explanation for such differential treatment.
(f) Limited Look-Back Application.--
(1) In general.--Each Federal financial institutions
regulatory agency shall--
(A) conduct a review of all regulations issued in
final form pursuant to statutes enacted during the
period beginning on or after July 21, 2010, and ending
on the date of the enactment of this Act; and
(B) apply the requirements of this section to such
regulations.
(2) Revision.--Any regulation revised under paragraph (1)
shall be revised not later than 3 years after the date of
enactment of this Act. | Taking Account of Institutions with Low Operation Risk Act of 2016 or the TAILOR Act of 2016 This bill requires the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Consumer Financial Protection Bureau, for any rule, regulation, or guidance, to: (1) consider the risk profile and business models of individual financial institutions and those of similar type that are subject to the regulatory action; and (2) tailor the action so that it limits the regulatory impact on an individual or type of institution as is appropriate for the risk profile and business model involved. In carrying out such requirements, each such agency shall consider: whether it is necessary to apply such regulatory action to accomplish policy objectives; the impact of such action on the ability of such institutions to flexibly serve their customers and local markets; the aggregate impact of all applicable regulatory actions on such ability; the potential impact of implementing the action upon efforts to tailor it; and the statutory provision authorizing the action, the congressional intent of such provision, and the policy objectives sought by the agency in implementing it. The bill requires: (1) each such agency to report on the specific actions taken to tailor its regulatory actions pursuant to this bill, and (2) the Federal Financial Institutions Examination Council to report on the extent to which each such agency differs in the treatment of similarly situated institutions. Each agency shall: (1) conduct a review of all final regulations issued pursuant to statutes enacted between July 21, 2010, and the date of this bill's enactment, and (2) apply this bill's requirements to such regulations. | {"src": "billsum_train", "title": "TAILOR Act of 2016"} | 949 | 345 | 0.80358 | 2.533276 | 0.94303 | 4.270833 | 2.761905 | 0.925595 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microenterprise Empowerment and Job
Creation Act of 2011''.
SEC. 2. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961 TO IMPROVE ACCESS
TO MICROENTERPRISE BY THE VERY POOR.
(a) Findings and Policy.--Section 251 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2211) is amended by adding at the end the following
new paragraph:
``(7) The very poor can utilize microfinance mechanisms and
benefit from microenterprise opportunities, but they require
innovative approaches that respond to their particular
circumstances and needs.''.
(b) Authorization; Implementation; Targeted Assistance.--
(1) Authorization.--Section 252(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2211a(a)) is amended--
(A) in paragraph (1) to read as follows:
``(1) assistance for the purpose of expanding the
availability of credit, savings, and other financial services
to microfinance and microenterprise clients, particularly those
who are unable to access such services through the private
sector, and to increase the capacity of such clients to access
such services through education, training, and mentoring;'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) by redesignating paragraph (4) as paragraph
(5); and
(D) by inserting after paragraph (3) the following
new paragraph:
``(4) assistance for value chain interventions that--
``(A) benefit primarily the very poor populations;
``(B) is integral to the success of a microfinance
or microenterprise project; and
``(C) includes measures to ensure that the value
chain that is created or enhanced will be self-
sustainable upon completion of the intervention; and''.
(2) Implementation.--Section 252(b)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2211a(b)(2)) is amended--
(A) in subparagraph (B)(ii), by striking
``$25,000,000'' and inserting ``$24,100,000''; and
(B) by adding at the end the following new
subparagraph:
``(D) Administrative costs.--For purposes of
subparagraph (C), the term `administrative costs' does
not include the salary and related costs of personnel
who train, mentor, monitor, and verify the
accountability of groups participating in projects
based on an informal savings-led group model.''.
(3) Targeted assistance.--Section 252 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2211a) is amended by striking
subsection (c) and inserting the following new subsection:
``(c) Targeted Assistance.--In carrying out sustainable poverty-
focused programs under subsection (a)--
``(1)(A) 50 percent of all microenterprise resources shall
be targeted to clients who are very poor; and
``(B) clients who receive resources specified in
subparagraph (A) shall include individuals who--
``(i) do not have permanent, secure shelter;
``(ii) are living in camps administered by the
United Nations High Commissioner for Refugees for
refugees and internally displaced persons;
``(iii) are victims or potential victims of severe
forms of trafficking in persons or are women who are
victims of or susceptible to other forms of
exploitation and violence; or
``(iv) are widows, orphans, or vulnerable children;
and
``(2) assistance shall be distributed taking into account
country and regional assistance targets established by the
Director that are based on the poverty ratios of countries
eligible for assistance from the International Development
Association.''.
(c) Report.--Section 258(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2214(b)) is amended by adding at the end the following
paragraphs:
``(12) A description of the efforts made to notify new
potential program implementers that provide microenterprise
opportunities to the very poor, including faith-based and
community-based organizations, of assistance available pursuant
to section 252(a).
``(13) A list of organizations that provided assistance to
individuals listed in section 252(c)(1)(B), the amount of
assistance provided to each organization, and a description of
the microenterprise projects funded through each organization.
``(14) The country and regional poverty targets established
pursuant to section 252(c)(2), and a comparison as to how
assistance pursuant to subsection (a) is being distributed
relative to such targets.
``(15) In order to ensure compliance with section 253(b)(4)
and to increase access by the very poor to microenterprise
opportunities, an identification of--
``(A) the poverty assessment tools currently
available for identifying the very poor that have been
evaluated by the Administrator of the Agency, acting
through the Director of the office, during the
applicable fiscal year; and
``(B) those tools identified under subparagraph (A)
that have been determined to meet the Agency's
requirements for accountability and transparency and
have been approved for such purpose.''.
(d) Definitions.--Section 259 of the Foreign Assistance Act of 1961
(22 U.S.C. 2214a) is amended--
(1) in paragraph (3), by striking ``the Committee on
International Relations'' and inserting ``the Committee on
Foreign Affairs'';
(2) by redesignating paragraph (14) as paragraph (15);
(3) by inserting after paragraph (13) the following new
paragraph:
``(14) Value chain.--The term `value chain' means all or
part of a market system to produce and deliver goods from the
extraction of raw materials or production of other inputs to
final consumer purchase, including the flow of financing among
the value chain actors for the purpose of delivering products
to market.''; and
(4) in subparagraph (B) of paragraph (15) (as
redesignated), by striking ``$1'' and inserting ``$1.25''.
SEC. 3. ENHANCED PROCUREMENT POLICIES FOR MICROFINANCE PROGRAMS.
For the purpose of improving the procurement process for
microfinance programs, when administering assistance under section 252
of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a), the
Administrator shall--
(1) develop a formal past performance system and database
for acquisition and assistance instruments to be used in the
evaluation of all future competitions for such instruments; and
(2) develop rules regarding potential organizational
conflicts of interest related to the design, evaluation, and
audit of programs in relation to the implementation of such
programs that apply both to acquisition and assistance
instruments.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Grant Assistance.--Section 252 of the Foreign Assistance Act of
1961 (22 U.S.C. 2211a), as amended by this Act, is further amended by
adding at the end the following subsection:
``(d) Availability of Funds.--Of the amounts authorized to be
available to carry out this part, the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the FREEDOM Support
Act, the International Security Assistance Act of 1978, the
Agricultural Trade Development and Assistance Act of 1954, and the
Support for East European Democracy (SEED) Act of 1989, including local
currencies derived from such funds, there are authorized to be
appropriated $264,930,000 for each of the fiscal years 2012 through
2016 to carry out this subtitle.''.
(b) Credit Assistance.--Section 256(f)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2212(f)(1)) is amended--
(1) by striking ``such sums as may be necessary'' and
inserting ``$2,070,000''; and
(2) by striking ``2005 through 2009'' and inserting ``2012
through 2016''. | Microenterprise Empowerment and Job Creation Act of 2011 - Amends the Foreign Assistance Act of 1961 to authorize appropriations through FY2016 for: (1) assistance for programs in developing countries to increase the availability of credit, savings, and other services to microfinance and microenterprise clients lacking full access to capital, training, technical assistance, and business development services; and (2) microenterprise development credits.
Expands targeted assistance services for such microfinance and microenterprise clients.
Reduces the annual fiscal year amount available for the office of microenterprise development's central funding program.
Revises targeted assistance requirements for sustainable poverty-focused programs.
Sets forth microfinance programs procurement policies. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to improve access to microenterprise by the very poor, and for other purposes."} | 1,818 | 160 | 0.593515 | 1.598139 | 0.770068 | 2.548387 | 12.846774 | 0.854839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Parity Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Administration has requested and received funds for
an ongoing multibillion dollar reconstruction for the Republic
of Iraq.
(2) In fiscal year 2003 and fiscal year 2004, approximately
$21 billion was appropriated to the Iraq Relief and
Reconstruction Fund (``IRRF''), of which $16.6 billion had been
obligated and $9.5 billion had been spent by late July 2005.
(3) The total projected cost of reconstruction through 2007
as estimated by the World Bank, the United Nations Development
Group, and the Coalition Provisional Authority (``CPA''), is
$55 billion.
(4) The President has requested some funding for fiscal
year 2006 to be appropriated to traditional foreign aid
accounts rather than through the IRRF as in the past, making
the total cost of reconstruction less predictable.
(5) To date, the IRRF has allocated resources in Iraq--
(A) with respect to education--
(i) to rehabilitate 2,717 schools;
(ii) to train 32,700 secondary school
teachers and administrators;
(iii) to distribute hundreds of thousands
of desks, chairs, cabinets, chalkboards, and
kits for primary and secondary schools;
(iv) to install satellite internet access
and computers at the Ministry of Education and
all 21 Directorates of Education; and
(v) to edit, print, and distribute more
than 8.7 million math and science text books;
(B) with respect to medical science--
(i) to provide potable water for 400,000
people each day in Basra city and 170,000 in
Kirkuk and Mosul;
(ii) to vaccinate over 3,000,000 children
under the age of five and 700,000 pregnant
women;
(iii) to provide supplementary doses of
vitamin A for more than 600,000 children under
two years old;
(iv) to renovate 110 primary health care
centers; and
(v) to train 2,000 health educators,
teachers, religious leaders, and youth to
mobilize communities on hygiene, diarrhea,
breast-feeding, nutrition, and immunization
issues; and
(C) with respect to technology and infrastructure--
(i) to complete 3 major bridges and 36
detailed bridge assessments;
(ii) to construct 72 kilometers of new
railroad track and facilities between the Port
of Umm Qasr and Shuaiba Junction;
(iii) to rehabilitate parts of the Sweet
Water Canal system, including repairing
breaches and cleaning the main reservoir;
(iv) to refurbish 14 water treatment plants
around Basra serving 1.75 million people; and
(v) to conduct marshland restoration
activities.
(6) The President's budget has eliminated or reduced
domestic spending in many areas where resources have been
allocated in Iraq, including--
(A) eliminating 48 education programs totaling $4.3
billion;
(B) reducing spending on student loans by $10.7
billion over 10 years;
(C) cutting Medicaid by $60 billion;
(D) reducing health professions training from $300
million to $89 million;
(E) cutting funding for Amtrak by $847 million or
70.2 percent;
(F) decreasing funding for the Clean Water State
Revolving Fund by $361 million;
(G) suspending or canceling 31 Army Corps of
Engineers projects previously requested by the
President and funded by Congress;
(H) cutting funding for the Environmental
Protection Agency by $452 million;
(I) reducing the budget for First Responders by
$1.6 billion; and
(J) eliminating the Community Development Block
Grant program, a funding cut of $4.6 billion.
(7) State and local governments in the United States have
their own unmet infrastructure and social services needs.
(8) State and local Governments are experiencing financial
difficulties at a time when a greater funding burden is being
shifted to them.
(9) State and local Governments deserve, at a minimum, the
same level of Federal investment to address infrastructure and
social services shortfalls as the amount of relief and
reconstruction funds provided to Iraq.
SEC. 3. FORMULA GRANTS TO STATES AND LOCAL GOVERNMENTS.
(a) Purpose.--The Secretary of the Treasury (referred to in this
section as the ``Secretary'') shall in accordance with this section
make grants to States and local governments for the purpose of
assisting grantees in making priority expenditures.
(b) Priority Expenditures.--For purposes of this section, the term
``priority expenditures'' means only--
(1) ordinary and necessary maintenance and operating
expenses for--
(A) primary, secondary, or higher education,
including school building renovation;
(B) public safety;
(C) public health, including hospitals and public
health laboratories;
(D) social services for the disadvantaged or aged;
(E) roads, transportation, and water
infrastructure; and
(F) housing; and
(2) ordinary and necessary capital expenditures authorized
by state law.
(c) Allocation of Grants.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall establish a
formula for determining the allocation of grants under
subsection (a). The formula shall give priority weight to the
following factors:
(A) The unemployment rate in relation to the
national average unemployment rate.
(B) The duration of the unemployment rate above
such average.
(C) The median income.
(D) The population.
(E) The poverty rate.
(2) Local governments.--In making grants under subsection
(a), the Secretary shall ensure that not less than one-third of
the amount appropriated under subsection (f) is made available
to local governments under the applicable laws of a given
State.
(d) Application for Grant.--A grant may be made under subsection
(a) only if an applicant for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e) Authorization of Appropriation.--For the purpose of making
grants under subsection (a), there is authorized to be appropriated to
the Secretary for fiscal year 2007 an amount equal to at least the
total amount appropriated for fiscal year 2006 in supplemental
appropriation Acts, and other appropriation Acts, for the
reconstruction of Iraq. Amounts appropriated under the preceding
sentence shall be in addition to, and not in lieu of, other amounts
appropriated for payments to States and local governments. | American Parity Act of 2005 - Directs the Secretary of the Treasury to make grants to states and local governments for assistance in making priority expenditures. Defines priority expenditures as ordinary and necessary maintenance and operating expenses for: (1) primary, secondary, or higher education; (2) public safety; (3) public health; (4) social services for the disadvantaged or aged; (5) roads, transportation, and water infrastructure; and (6) housing, as well as ordinary and necessary capital expenditures authorized by state law. Requires at least one third of grant amounts to be made available to local governments. | {"src": "billsum_train", "title": "To require grants to State and local governments for infrastructure and social services needs in the same amount as the amount of relief and reconstruction funds provided to Iraq."} | 1,432 | 124 | 0.365496 | 1.041642 | 0.489436 | 4.041667 | 11.508333 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Immunosuppressive Drug
Coverage for Transplant Patients Act of 2001''.
SEC. 2. COMPREHENSIVE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE
MEDICARE PROGRAM.
(a) In General.--Section 1861(s)(2)(J) of the Social Security Act
(42 U.S.C. 1395x(s)(2)(J)), as amended by section 113(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (114 Stat. 2763A-473), as enacted into law by section 1(a)(6)
of Public Law 106-554, is amended by striking ``, to an individual who
receives'' and all that follows before the semicolon at the end and
inserting ``to an individual who has received an organ transplant''.
(b) Effective Date.--The amendments made by this section shall
apply to drugs furnished on or after the date of enactment of this Act.
SEC. 3. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS
UNDER THE MEDICARE PROGRAM FOR ORGAN TRANSPLANT
RECIPIENTS.
(a) Continued Entitlement to Immunosuppressive Drugs.--
(1) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ``(except for coverage of immunosuppressive drugs
under section 1861(s)(2)(J))'' after ``shall end''.
(2) Other transplant recipients.--The flush matter
following paragraph (2)(C)(ii)(II) of section 226(b) of the
Social Security Act (42 U.S.C. 426(b)) is amended by striking
``of this subsection)'' and inserting ``of this subsection and
except for coverage of immunosuppressive drugs under section
1861(s)(2)(J))''.
(3) Application.--Section 1836 of the Social Security Act
(42 U.S.C. 1395o) is amended--
(A) by striking ``Every individual who'' and
inserting ``(a) In General.--Every individual who'';
and
(B) by adding at the end the following new
subsection:
``(b) Special Rules Applicable to Individuals Only Eligible for
Coverage of Immunosuppressive Drugs.--
``(1) In general.--In the case of an individual whose
eligibility for benefits under this title has ended except for
the coverage of immunosuppressive drugs by reason of section
226(b) or 226A(b)(2), the following rules shall apply:
``(A) The individual shall be deemed to be enrolled
under this part for purposes of receiving coverage of
such drugs.
``(B) The individual shall be responsible for the
full amount of the premium under section 1839 in order
to receive such coverage.
``(C) The provision of such drugs shall be subject
to the application of--
``(i) the deductible under section 1833(b);
and
``(ii) the coinsurance amount applicable
for such drugs (as determined under this part).
``(D) If the individual is an inpatient of a
hospital or other entity, the individual is entitled to
receive coverage of such drugs under this part.
``(2) Establishment of procedures in order to implement
coverage.--The Secretary shall establish procedures for--
``(A) identifying beneficiaries that are entitled
to coverage of immunosuppressive drugs by reason of
section 226(b) or 226A(b)(2); and
``(B) distinguishing such beneficiaries from
beneficiaries that are enrolled under this part for the
complete package of benefits under this part.''.
(4) Technical amendment.--Subsection (c) of section 226A of
the Social Security Act (42 U.S.C. 426-1), as added by section
201(a)(3)(D)(ii) of the Social Security Independence and
Program Improvements Act of 1994 (Public Law 103-296; 108 Stat.
1497), is redesignated as subsection (d).
(b) Extension of Secondary Payer Requirements for ESRD
Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following
new sentence: ``With regard to immunosuppressive drugs furnished on or
after the date of enactment of the Comprehensive Immunosuppressive Drug
Coverage for Transplant Patients Act of 2001, this subparagraph shall
be applied without regard to any time limitation.''.
(c) Effective Date.--The amendments made by this section shall
apply to drugs furnished on or after the date of enactment of this Act.
SEC. 4. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
(a) Application to Certain Health Insurance Coverage.--
(1) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan (and a health insurance issuer offering
health insurance coverage in connection with a group health plan) shall
provide coverage of immunosuppressive drugs that is at least as
comprehensive as the coverage provided by such plan or issuer on the
day before the date of enactment of the Comprehensive Immunosuppressive
Drug Coverage for Transplant Patients Act of 2001, and such requirement
shall be deemed to be incorporated into this section.''.
(2) Conforming amendment.--Section 2721(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is
amended by inserting ``(other than section 2707)'' after
``requirements of such subparts''.
(b) Application to Group Health Plans and Group Health Insurance
Coverage Under the Employee Retirement Income Security Act of 1974.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan (and a health insurance issuer offering
health insurance coverage in connection with a group health plan) shall
provide coverage of immunosuppressive drugs that is at least as
comprehensive as the coverage provided by such plan or issuer on the
day before the date of enactment of the Comprehensive Immunosuppressive
Drug Coverage for Transplant Patients Act of 2001, and such requirement
shall be deemed to be incorporated into this section.''.
(2) Conforming amendments.--
(A) Section 732(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185(a)) is
amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(B) The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section
713 the following new item:
``Sec. 714. Coverage of immunosuppressive drugs.''.
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code
of 1986 is amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Coverage of
immunosuppressive drugs.'';
and
(2) by inserting after section 9812 the following:
``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan shall provide coverage of immunosuppressive
drugs that is at least as comprehensive as the coverage provided by
such plan on the day before the date of enactment of the Comprehensive
Immunosuppressive Drug Coverage for Transplant Patients Act of 2001,
and such requirement shall be deemed to be incorporated into this
section.''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2002. | Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to remove time limitations on the coverage of immunosuppressive drugs for individuals who have received organ transplants. (Current law provides coverage for such drugs only for certain time periods after the transplant procedure.)Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney or other organ transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease beneficiaries.Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide adequate coverage for immunosuppressive drugs furnished to beneficiaries under the medicare program that have received an organ transplant."} | 2,000 | 223 | 0.61464 | 1.813935 | 0.855714 | 2.918033 | 8.415301 | 0.830601 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Train the Future Act''.
SEC. 2. ENCOURAGING MENTORS TO TRAIN THE FUTURE.
(a) Early Distributions From Qualified Retirement Plans.--Section
72(t)(2) of the Internal Revenue Code of 1986 is amended--
(1) in subparagraph (A)--
(A) by striking ``or'' at the end of clause (vii);
(B) by striking the period at the end of clause
(viii) and inserting ``, or''; and
(C) by adding at the end the following new clause:
``(ix) made to an employee who is serving
as a mentor.''; and
(2) by adding at the end the following new subparagraph:
``(H) Distributions to mentors.--For purposes of
this paragraph, the term `mentor' means an individual
who--
``(i) has attained 55 years of age,
``(ii) is not separated from their
employment with a company, corporation, or
institution of higher education,
``(iii) in accordance with such
requirements and standards as the Secretary
determines to be necessary, has substantially
reduced their hours of employment with their
employer, with the individual to be engaged in
mentoring activities described in clause (iv)
for not less than 20 percent of the hours of
employment after such reduction, and
``(iv) is responsible for the training and
education of employees or students in an area
of expertise for which the individual has a
professional credential, certificate, or
degree.''.
(b) Distributions During Working Retirement.--Paragraph (36) of
section 401(a) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(36) Distributions during working retirement.--
``(A) In general.--A trust forming part of a
pension plan shall not be treated as failing to
constitute a qualified trust under this section solely
because the plan provides that a distribution may be
made from such trust to an employee who--
``(i) has attained age 62 and who is not
separated from employment at the time of such
distribution, or
``(ii) subject to subparagraph (B), is
serving as a mentor (as such term is defined in
section 72(t)(2)(H)).
``(B) Limitation on distributions to mentors.--For
purposes of subparagraph (A)(ii), the amount of the
distribution made to an employee who is serving as a
mentor shall not be greater than the amount equal to
the product obtained by multiplying--
``(i) the amount of the distribution that
would have been payable to the employee if such
employee had separated from employment instead
of reducing their hours of employment with
their employer and engaging in mentoring
activities, in accordance with clauses (iii)
and (iv) of section 72(t)(2)(H), by
``(ii) the percentage equal to the quotient
obtained by dividing--
``(I) the sum of--
``(aa) the number of hours
per pay period by which the
employee's hours of employment
are reduced, and
``(bb) the number of hours
of employment that such
employee is engaging in
mentoring activities, by
``(II) the total number of hours
per pay period worked by the employee
before such reduction in hours of
employment.''.
(c) ERISA.--Subparagraph (A) of section 3(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended
by striking the period at the end and inserting the following: ``, or
solely because such distribution is made to an employee who is serving
as a mentor (as such term is defined in section 72(t)(2)(H) of the
Internal Revenue Code of 1986).''.
(d) Application.--The amendments made by this section shall apply
to distributions made in taxable years beginning after December 31,
2015. | Train the Future Act This bill amends the Internal Revenue Code to allow an early distribution, without penalty, from a qualified retirement plan to an employee who is serving as a mentor. The bill defines "mentor" as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree. | {"src": "billsum_train", "title": "Train the Future Act"} | 908 | 117 | 0.611771 | 1.825205 | 0.59223 | 3.227273 | 7.481818 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Accuracy in Employment
Background Checks Act of 2008''.
SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS.
(a) In General.--In any exchange of records and information for
employment purposes through the records system created under section
534 of title 28, United States Code, the Attorney General shall--
(1) before making the exchange, use reasonable procedures
to ensure maximum possible accuracy and completeness of the
records and information;
(2) at time of getting the consent of the individual
inquired about for the inquiry, accord that individual an
opportunity to receive a copy of the records and information
provided to the inquirer prior to release to the inquirer;
(3) provide an opportunity to the individual inquired about
to challenge the accuracy and completeness of the records and
information provided;
(4) investigate each such challenge by contacting the
relevant Federal, State, and local law enforcement officials
and provide the specific findings and results of that
investigation to the individual not later than 30 days after
the challenge is made;
(5) notify the inquirer of any challenge by the individual
to the accuracy or completeness of a record or information and
provide to the inquirer a copy of any corrected records or
information resulting from the investigation;
(6) upon finding that a record or information is
inaccurate, incomplete, or cannot be verified, promptly delete
that record or information, or correct that record or
information, as appropriate and notify each appropriate
Federal, State, or local criminal history record repository of
that finding;
(7) if the disposition of an arrest is not included in the
record or information relating to that arrest, obtain that
disposition or verify that the arrest has not occurred not
later than 5 days after the request for the exchange was made,
before reporting that record or information to the requesting
entity; and
(8) not include any record or information--
(A) about an arrest more than one year old that
does not also include a disposition of that arrest if
there has been such a disposition; or
(B) relating to an adult or juvenile nonserious
offense of the sort described in 28 CFR Section
2032(b).
(b) Fees.--The Director of the Federal Bureau of Investigation may
collect reasonable fees, other from the individual inquired about, to
defray the expenses associated with the investigation of missing,
inaccurate, or incomplete information.
(c) Report.--The Attorney General shall include in an annual report
to Congress--
(1) the number of exchanges of records and information for
employment purposes made with entities in each State through
the records system created under section 534 of title 28,
United States Code;
(2) the number of such exchanges that included records and
information about arrests that did not result in convictions;
(3) any failure of a State to comply with the requirement
that dispositions of arrests be reported to the Federal Bureau
of Investigation not later than 120 days after the failure
occurs;
(4) the percent of missing arrest dispositions located
within the time limit provided in subsection (a)(7); and
(5) the results of any challenges to the accuracy and
completeness of records and information, including the State
where the records and information originated.
(d) Regulations on Reasonable Procedures.--Not later than 120 days
after the date of the enactment of this Act, the Attorney General shall
issue regulations to carry out this Act.
(e) Definition.--As used in this section, the term ``for employment
purposes'' means for the purpose of screening an individual for
employment or occupational licensing , or for any other purpose
relating to employment.
SEC. 3. REPORT ON ALL THE EMPLOYMENT RESTRICTIONS AND DISQUALIFICATIONS
BASED ON CRIMINAL RECORDS REQUIRED BY FEDERAL LAW AND
POLICY.
(a) In General.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Attorney General
shall report to Congress on all the employment restrictions and
disqualifications based on criminal records required by Federal law and
policy.
(b) Identification of Information.--In the report, the Attorney
General shall identify--
(1) the job title, occupation, or positions subject to
criminal background checks authorized by Federal law;
(2) the cause of the disqualification based on a criminal
record (statutory, regulatory, policy, or practice) and the
substance and terms of the disqualification, including a
listing of the disqualifying offenses, the recency of the
disqualifying offenses, and the duration of the
disqualification;
(3) the year the disqualification was adopted and its
rationale;
(4) the procedures, if any, to appeal, waive or exempt the
disqualification based on a showing of rehabilitation or other
relevant evidence;
(5) the numbers of individuals disqualified pursuant to the
applicable law or policy as a result of a criminal record; and
(6) the Federal agency with jurisdiction to implement and
enforce the applicable employment restrictions or
disqualifications. | Fairness and Accuracy in Employment Background Checks Act of 2008 - Requires the Attorney General to: (1) adopt procedures to ensure the accuracy and completeness of federal criminal background records exchanged for employment purposes; and (2) report annually to Congress on all employment restrictions and disqualifications based on criminal records required by federal law and policy. | {"src": "billsum_train", "title": "To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes."} | 1,086 | 74 | 0.438913 | 1.099427 | 0.856496 | 3.84127 | 16.380952 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Relief and Reform Act of
2006''.
SEC. 2. ESTATE TAX RELIEF AND REFORM AFTER 2009.
(a) Exclusion Equivalent of Unified Credit Equal to $5,000,000.--
Subsection (c) of section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended to read as
follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed were
equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection,
the applicable exclusion amount is $5,000,000, reduced
(but not below zero) by an amount equal to 5 percent of
so much of the amount with respect to which the
tentative tax is to be computed as exceeds
$100,000,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2010, the
$5,000,000 amount in 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 such
calendar year by substituting `calendar year
2009' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(b) Flat Estate and Gift Tax Rates.--Subsection (c) of section 2001
of the Internal Revenue Code of 1986 (relating to imposition and rate
of tax) is amended to read as follows:
``(c) Tentative Tax.--The tentative tax is 35 percent of the amount
with respect to which the tentative tax is to be computed.''.
(c) Increase in Aggregate Reduction in Fair Market Value Allowed
Under Special Use Valuation.--Section 2032A(a) of the Internal Revenue
Code of 1986 (relating to value based on use under which property
qualifies) is amended--
(1) by striking ``$750,000'' each place it appears and
inserting ``$5,000,000'',
(2) by striking ``after 1998'' in paragraph (3) and
inserting ``after 2010'', and
(3) by striking ``1997'' in paragraph (3)(B) and inserting
``2009''.
(d) Tax Deduction for Family-Owned Business Interests.--
(1) In general.--Section 2057(a) of the Internal Revenue
Code of 1986 (relating to deduction for family-owned business
interests) is amended--
(A) by striking ``$675,000'' in paragraph (2) and
inserting ``$2,500,000'', and
(B) by striking paragraph (3).
(2) Permanent deduction.--Section 2057 of such Code is
amended by striking subsection (j).
(e) Modifications of Estate and Gift Taxes to Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of the Internal
Revenue Code of 1986 (relating to computation of tax)
is amended by striking ``if the provisions of
subsection (c) (as in effect at the decedent's death)''
and inserting ``if the modifications described in
subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
``(g) Modifications to Gift Tax Payable to Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax) is amended by adding at the
end the following new flush sentence:
``For purposes of applying paragraph (2) for any calendar year, the
rates of tax in effect under section 2502(a)(2) for such calendar year
shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit under
this section for all preceding calendar periods.''.
(f) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(g) Additional Modifications to Estate Tax.--
(1) In general.--The following provisions of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the
amendments made by such provisions, are hereby repealed:
(A) Subtitles A and E of title V.
(B) Subsection (d), and so much of subsection
(f)(3) as relates to subsection (d), of section 511.
(C) Paragraph (2) of subsection (b), and paragraph
(2) of subsection (e), of section 521.
The Internal Revenue Code of 1986 shall be applied as if such
provisions and amendments had never been enacted.
(2) Sunset not to apply to title v of egtrra.--Section 901
of the Economic Growth and Tax Relief Reconciliation Act of
2001 shall not apply to title V of such Act.
(3) Repeal of deadwood.--
(A) Sections 2011 and 2604 of the Internal Revenue
Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604. | Estate Tax Relief and Reform Act of 2006 - Amends the Internal Revenue Code to: (1) increase the estate tax exclusion to $5 million in 2010; (2) adjust such exclusion amount for inflation; (3) impose a flat 35% estate tax rate; (4) increase to $5 million the reduction in fair market value for certain inherited farm and business property; and (5) increase to $2.5 million the maximum estate tax deduction for family-owned business interests and make such deduction permanent.
Provides that the general termination date of the Economic Growth and Tax Relief Reconciliation Act of 2001 (i.e., December 31, 2010) shall not apply to its estate, gift, and generation-skipping transfer tax provisions that are not amended by this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide estate tax relief and reform, and for other purposes."} | 1,530 | 154 | 0.541102 | 1.487607 | 0.728709 | 2.529801 | 9.119205 | 0.821192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Azerbaijan Democracy Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States and the Republic of Azerbaijan have
many areas of mutual interest and cooperation, but the United
States ability to more fully cooperate with Azerbaijan has been
severely hindered by the Government of Azerbaijan's gross
violations of human rights and fundamental freedoms, including
violations of basic principles of democratic governance,
standards to which Azerbaijan has committed itself to adhere as
a participating State in the Organization for Security and
Cooperation in Europe (OSCE) and other multilateral
institutions.
(2) On December 5, 2014, the Government of Azerbaijan
arrested investigative reporter Khadija Ismayilova, who also
was a radio host on Radio Free/Radio Liberty (RFE/RL). The
charge against her was ``incitement to suicide'', and she was
held in pretrial detention and not allowed out on bail. On
December 26, 2014, the Government of Azerbaijan raided the Baku
Office of RFE/RL and closed its operations. Over the course of
a year in pretrial detention, the original charges against Ms.
Ismayilova were dropped after government-called witnesses
refused to cooperate with the case. However, Ms. Ismayilova
remained in detention and the Government of Azerbaijan
subsequently charged her with embezzlement, illegal
entrepreneurship, tax evasion, and abuse of power. She was
convicted and is now serving a 7\1/2\-year sentence in prison.
The RFE/RL Baku Bureau has not been allowed to reopen.
(3) According to the United States State Department report
for 2014, the Government of Azerbaijan did not respect its own
laws on freedom of speech and press censorship. The report
said, ``The government continued to limit freedom of speech and
media independence. Journalists faced intimidation and at times
were beaten and imprisoned.''.
(4) The Committee to Protect Journalists stated that
Azerbaijan is the leading jailer of journalists in Europe and
Central Asia, and is the fifth most censored country in the
world.
(5) As an OSCE participating State, the Government of
Azerbaijan has committed itself to work toward a standard of
free and fair elections. Since its independence in 1992, no
election held in Azerbaijan has met the minimum requirements as
outlined by the OSCE. Elections for President and for the
Parliament have shown a pattern of disregard for the conduct of
democratic elections and have been marred by the arbitrary use
of state power, disregard for the basic rights of freedom of
assembly, association, and expression. The conduct of the
elections demonstrates the unwillingness of authorities in
Azerbaijan to tolerate political competition.
(6) According to the United States Department of State's
Country Reports on Human Rights Practices for 2014, Azerbaijan
has used ``. . . the judicial system to punish peaceful
dissent--including increased reports of arbitrary arrest and
detention, politically motivated imprisonment, lack of due
process, and lengthy pretrial detention--by secular and
religious individuals perceived as a threat by government
officials, while crimes against such individuals or their
family members went unpunished.''.
(7) According to the 2015 report on religious freedom by
the United States Commission on International Religious Freedom
(USCIRF), ``Despite societal religious tolerance in Azerbaijan,
governmental respect for religious freedom continued to
deteriorate in 2014.''. The report details the Government's use
of the 2009 religion law ``to limit religious freedom and to
justify fines, police raids, detentions, and imprisonment.''.
There are 44 names on the list of religious prisoners published
by USCIRF.
(8) USCIRF cited poor conditions for religious minorities
in Azerbaijan, reporting that ``most Protestant denominations
do not have legal status, including Baptists, Seventh-day
Adventists, and Pentecostals, as well as Jehovah's
Witnesses.''.
(9) The Government of Azerbaijan has further attempted to
silence dissent through retribution against the political
opposition, journalists, independent NGOs, and their family
members, through physical threats and beatings, dismissal from
employment, travel restrictions and other forms of
intimidation.
(10) Those jailed opposition candidates and activists have
been treated harshly in pretrial detention and in prison,
including physical beatings, denied access to family, defense
counsel, medical treatment, and open legal proceedings.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to secure United States national security and economic
interests in the region through promotion of a stable and
democratic government in Azerbaijan;
(2) to call for the immediate release without preconditions
of all political prisoners in Azerbaijan;
(3) to support the aspirations of the people of Azerbaijan
for democracy, internationally recognized human rights, and the
rule of law;
(4) to support the growth of the rule of law and democratic
institutions in Azerbaijan;
(5) to work closely with other countries and international
organizations, including the OSCE, to bring Azerbaijan in
compliance with its multilateral commitments; and
(6) reassess United States policy toward the Government of
Azerbaijan reevaluating United States policy toward Azerbaijan
as warranted by demonstrable progress made by the Government of
Azerbaijan consistent with the policy of the United States as
stated in this section.
SEC. 4. DENIAL OF ENTRY INTO THE UNITED STATES OF SENIOR LEADERSHIP OF
THE GOVERNMENT OF AZERBAIJAN AND OTHERS.
(a) Denial of Entry.--Notwithstanding any other provision of law,
the Secretary of State may not issue any visa to, and the Secretary of
Homeland Security shall deny entry to the United States of, any alien
described in subsection (c).
(b) Current Visas Revoked.--Notwithstanding any other provision of
law, the Secretary of State shall revoke, in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the
visa or other documentation of any alien who would be ineligible to
receive such a visa or documentation under subsection (a).
(c) Aliens Described.--An alien described in this subsection is any
alien who--
(1) holds a position in the senior leadership of the
Government of Azerbaijan;
(2) is an immediate family member of a person described in
paragraph (1);
(3) through his or her business dealings with senior
leadership of the Government of Azerbaijan derives significant
financial benefit from policies or actions, including electoral
fraud, human rights abuses, or corruption, that undermine or
injure democratic institutions or impede the transition to
democracy in Azerbaijan; and
(4) is a member of any branch of the security, judicial, or
law enforcement services of Azerbaijan and has participated in
the persecution or harassment of independent media or
journalists, human rights defenders, opposition groups, or
religious groups.
(d) Exception.--The requirements under subsections (a) and (b)
shall not apply with respect to an alien who is an official of the
Government of Azerbaijan and who is seeking entry into the United
States for the purpose of participation in talks related to resolution
of the Nagorno Karabakh conflict under the auspices of the OSCE Minsk
Group.
SEC. 5. SENSE OF CONGRESS ON SANCTIONS AGAINST THE GOVERNMENT OF
AZERBAIJAN AND SENIOR LEADERSHIP OF THE GOVERNMENT OF
AZERBAIJAN AND OTHERS.
(a) Prohibition on Loans and Investment.--
(1) United states government financing.--It is the sense of
Congress that no loan, credit guarantee, insurance, financing,
or other similar financial assistance be extended by any agency
of the Government of the United States (including the Export-
Import Bank of the United States and the Overseas Private
Investment Corporation) to the Government of Azerbaijan, except
with respect to the provision of humanitarian goods and
agricultural or medical products.
(2) Trade and development agency.--It is the sense of
Congress that no funds available to the Trade and Development
Agency should be available for activities of the Agency in or
for Azerbaijan.
(b) Multilateral Financial Assistance.--The Secretary of the
Treasury should instruct the United States Executive Director at each
international financial institution of which the United States is a
member to use the voice and vote of the United States to oppose any
extension by those institutions of any financial assistance (including
any technical assistance or grant) of any kind to the Government of
Azerbaijan, except for loans and assistance that serve humanitarian
needs.
(c) Blocking of Assets and Other Prohibited Activities.--
(1) Blocking of assets.--It is the sense of Congress that
the President should block all property and interests in
property, including all commercial, industrial, or public
utility undertakings or entities, that, on or after the date of
the enactment of this Act--
(A) are owned, in whole or in part, by any member
of the senior leadership of the Government of
Azerbaijan, or by any member or family member closely
linked to any member of the senior leadership of the
Government of Azerbaijan, or any person who through his
or her business dealings with the senior leadership of
the Government of Azerbaijan derives significant
financial benefit from policies or actions, including
electoral fraud, human rights abuses, or corruption,
that undermine or injure democratic institutions or
impede the transition to democracy in Azerbaijan; and
(B) are in the United States, that hereafter come
within the United States, or that are or hereafter come
within the possession or control of any United States
person.
(2) Prohibited activities.--Activities prohibited by reason
of the blocking of property and interests in property under
paragraph (1) should include payments or transfers of any
property, or any transactions involving the transfer of
anything of economic value by any United States person to any
person described in subparagraph (A) of such paragraph.
(3) Payment of expenses.--All expenses incident to the
blocking and maintenance of property blocked under paragraph
(1) should be charged to the owners or operators of such
property. Such expenses may not be paid from blocked funds.
(4) Rule of construction.--Nothing in this subsection
should be construed to prohibit any contract or other financial
transaction with any private or nongovernmental organization or
business in Azerbaijan.
(5) Exceptions.--Paragraphs (1) and (2) should not apply
with respect to the provision of medicine, medical equipment or
supplies, food, as well as any other form of humanitarian
assistance provided to Azerbaijan as relief in response to a
humanitarian crisis.
(6) Penalties.--Any person who violates any prohibition or
restriction imposed under this subsection should be subject to
the penalties under section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as for
a violation under that Act.
SEC. 6. TERMINATION OF SANCTIONS.
The sanctions described in section 4 shall apply with respect to an
alien described in that section, and the sanctions described in section
5 should apply with respect to the Government of Azerbaijan, the senior
leadership of the Government of Azerbaijan, and any other person
described in section 5, until the President determines and certifies to
the appropriate congressional committees that the Government of
Azerbaijan has made significant progress in meeting the following
conditions:
(1) The release of individuals in Azerbaijan who have been
jailed based on political or religious beliefs or expression.
(2) The cessation of all forms of harassment and repression
against the independent media, nongovernmental organizations,
youth groups, religious organizations (including their
leadership and members), and the political opposition in
Azerbaijan.
(3) Progress toward free, fair and transparent elections
and the rule of law consistent with OSCE commitments.
SEC. 7. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should continue to
seek the support of other countries, particularly European countries,
for a comprehensive, multilateral strategy to further the purposes of
this Act, including, as appropriate, encouraging other countries to
take measures with respect to the Republic of Azerbaijan that are
similar to measures described in this Act.
SEC. 8. REPORT.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report that describes, with
respect to the preceding 12-month period and to the extent practicable,
the following:
(1) The cooperation of the Government of Azerbaijan with
any foreign government or organization for purposes related to
the censorship or surveillance of the Internet, or the purchase
or receipt by the Government of Azerbaijan of any technology or
training from any foreign government or organization for
purposes related to the censorship or surveillance of the
Internet.
(2) The personal assets and wealth of President Ilham
Aliyev and other senior leadership of the Government of
Azerbaijan.
(b) Form.--A report transmitted pursuant to subsection (a) shall be
in unclassified form but may contain a classified annex.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Senior leadership of the government of azerbaijan.--The
term ``senior leadership of the Government of Azerbaijan''
includes--
(A) the President, Prime Minister, Deputy Prime
Ministers, government ministers, Chairmen of State
Committees, governors, heads of state enterprises, and
members of the Presidential Administration of
Azerbaijan;
(B) any official of the Government of Azerbaijan
who--
(i) is personally and substantially
involved in the suppression of freedom in
Azerbaijan, including judges, prosecutors, and
heads of professional associations and
educational institutions; or
(ii) is otherwise engaged in public
corruption in Azerbaijan; and
(C) any other individual determined by the
Secretary of State (or the Secretary's designee) to be
personally and substantially involved in the
formulation or execution of the policies of the
Government of Azerbaijan that are in contradiction of
internationally recognized human rights standards. | Azerbaijan Democracy Act of 2015 This bill prohibits the issuance of any visa to, and requires denial of entry to the United States of, any alien who: holds a position in the senior leadership of the government of Azerbaijan, or is an immediate family member of such person; through his or her business dealings with such senior leadership derives significant financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine democratic institutions or impede the transition to democracy in Azerbaijan; or is a member of any branch of the security, judicial, or law enforcement services of Azerbaijan and has participated in the persecution or harassment of independent media or journalists, human rights defenders, opposition groups, or religious groups. The Department of State shall revoke any existing visas of such ineligible aliens. The visa and entry prohibitions shall not apply to a government official of Azerbaijan seeking U.S. entry to participate in talks related to resolution of the Nagorno Karabakh conflict. It is the sense of Congress that: no loan, credit guarantee, insurance, or financing assistance be extended by any U.S. agency to the government of Azerbaijan, except for the provision of humanitarian goods and agricultural or medical products; and no funds available to the Trade and Development Agency should be available for activities of the Agency in or for Azerbaijan. It is also the sense of Congress that the President should block all property and interests in property that: are owned by any member of the senior leadership of the government of Azerbaijan, by any family member, or by any person who through his or her business dealings with such persons derives significant financial benefit from policies or actions that undermine Azerbaijan's democratic institutions; and are or come within the United States, or that are or come within the possession or control of any U.S. person. Activities prohibited by reason of the blocking of property and interests in property should include payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any U.S. person to any person whose assets are blocked. It is the sense of Congress that the President should continue to seek the support of other countries, particularly European countries, for a multilateral strategy to further the purposes of this Act. | {"src": "billsum_train", "title": "Azerbaijan Democracy Act of 2015"} | 3,213 | 497 | 0.360177 | 1.319776 | 0.610201 | 5.970183 | 6.600917 | 0.942661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Midwifery Care Access and
Reimbursement Equity Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Medicare program reimburses certified nurse-
midwives for primary care services, as authorized by State law.
(2) Since 1988, Congress has authorized reimbursement under
the Medicare program to certified nurse-midwives for the
provision of maternity-related services to Medicare-eligible
women with disabilities who are of childbearing age.
(3) Since 1993, Congress authorized reimbursements under
the Medicare program to certified nurse-midwives to also
provide additional services outside the maternity cycle.
(4) In its June 2002 report to Congress, the Medicare
Payment Advisory Commission (MedPAC) unanimously recommended
that the percentage of part B reimbursement for certified
nurse-midwife services to be increased by Congress. MedPAC also
highlighted the high quality of care provided by certified
nurse-midwives.
(5) Certified nurse-midwives and certified midwives are
highly educated health professionals. To practice in the United
States as either a certified nurse-midwife or a certified
midwife, an individual must complete a post-baccalaureate
educational program and State licensure as well as pass a
national certification examination.
(6) While most State Medicaid programs reimburse certified
nurse-midwives and other obstetrical and gynecological
providers at the same payment rate, the Medicare program
reimburses such midwives at a payment rate that is 35 percent
lower than such other providers.
(7) This disparity is a barrier to women's access to
obstetrical and gynecological providers of their choice within
the Medicare program.
(8) Health disparities in the United States continue to be
a critical problem. Midwives have historically cared for those
populations most at risk for health disparities in areas of
high infant mortality, preterm birth, low birth weight, sudden
infant death syndrome, maternal mortality, breast and cervical
cancer, and HIV/AIDS infection among women.
(9) Providing more equitable reimbursement for the high
quality primary care services of certified nurse-midwives and
certified midwives will aid in ensuring their services are
available to women in need.
SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of the Social Security Act (42
U.S.C. 1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended
by inserting ``and certified midwife services'' before the
semicolon.
(2) Permitting hospitals to provide for patients receiving
certified nurse-midwife services or certified midwife services
to be under the care of a certified nurse-midwife or certified
midwife.--Section 1861(e)(4) of the Social Security Act (42
U.S.C. 1395x(e)(4)) is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such
services to the extent permitted under State law''.
(3) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is
amended by inserting ``certified midwife services,'' after
``certified nurse-midwife services,''.
(4) Amount of payment.--Section 1833(a)(1)(K) of the Social
Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services''; and
(B) by striking ``65 percent'' and inserting ``100
percent'' each place it appears.
SEC. 4. INTERIM, FINAL REGULATIONS.
In order to carry out the amendments made by this Act in a timely
manner, not later than 6 months after the date of the enactment of this
Act, the Secretary of Health and Human Services shall promulgate
regulations, that take effect on an interim basis, after notice and
pending opportunity for public comment. | Midwifery Care Access and Reimbursement Equity Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services. (Currently only certified nurse-midwife services are covered.) | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services."} | 1,327 | 62 | 0.58221 | 1.400646 | 0.495097 | 2.956522 | 23.978261 | 0.869565 |
COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS OF APPEALS
SECTION. 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.
(a) Establishment.--There is established a Commission on Structural
Alternatives for the Federal Courts of Appeals (hereinafter referred to
as the ``Commission'').
(b) Functions.--The function of the Commission shall be to--
(1) study the present division of the United States into
the several judicial circuits;
(2) study the structure and alignment of the Federal courts
of appeals with particular reference to the ninth circuit; and
(3) report to the President and the Congress its
recommendations for such changes in circuit boundaries or
structure as may be appropriate for the expeditious and
effective disposition of the caseload of the Federal Courts of
Appeal, consistent with fundamental concepts of fairness and
due process.
SEC. 2. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of eleven
members appointed as follows:
(1) Two members appointed by the President of the United
States.
(2) Three members appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate.
(3) Three members appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives.
(4) Three members appointed by the Chief Justice of the
United States.
(b) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
(c) Chair.--The Commission shall elect a Chair and Vice Chair from
among its members.
(d) Quorum.--Six members of the Commission shall constitute a
quorum, but three may conduct hearings.
SEC. 3. COMPENSATION.
(a) In General.--Members of the Commission who are officers, or
full-time employees, of the United States shall receive no additional
compensation for their services, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the performance
of duties vested in the Commission, but not exceeding the maximum
amounts authorized under section 456 of title 28, United States Code.
(b) Private Members.--Members of the Commission from private life
shall receive $200 per diem for each day (including traveltime) during
which the member is engaged in the actual performance of duties vested
in the Commission, plus reimbursement for travel, subsistence, and
other necessary expenses incurred in the performance of such duties,
but not in excess of the maximum amounts authorized under section 456
of title 28, United States Code.
SEC. 4. PERSONNEL.
(a) Executive Director.--The Commission may appoint an Executive
Director who shall receive compensation at a rate not exceeding the
rate prescribed for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff.--The Executive Director, with approval of the
Commission, may appoint and fix the compensation of such additional
personnel as he determines necessary, without regard to the provisions
of title 5, United States code, governing appointments in the
competitive service or the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and General
Schedule pay rates. Compensation under this subsection shall not exceed
the annual maximum rate of basic pay for a position above GS-15 of the
General Schedule under section 5108 of title 5, United States Code.
(c) Experts and Consultants.--The Director may procure personal
services of experts and consultants as authorized by section 3109 of
title 5, United States Code, at rates not to exceed the highest level
payable under the General Schedule pay rates under section 5332 of
title 5, United States Code.
(d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, for the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services on a
reimbursable basis.
SEC. 5. INFORMATION.
The Commission is authorized to request from any department,
agency, or independent instrumentality of the Government any
information and assistance it determines necessary to carry out its
functions under this title and each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
SEC. 6. REPORT.
The Commission shall transmit its report to the President and the
Congress no later tha February 28, 1997. The Commission shall terminate
ninety days after the date of the submission of its report.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such
sums, not to exceed $500,000, as may be necessary to carry out the
purposes of this title. Such sums as are appropriated shall remain
available until expended.
SEC. 8. CONGRESSIONAL CONSIDERATION.
Within sixty days of the transmission of the report, the Committee
on the Judiciary of the Senate shall act on the report.
Passed the Senate March 20, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary. | Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal courts of appeals, with particular reference to the ninth circuit; and (2) report its recommendations for changes to the President and the Congress by February 28, 1997.
Authorizes appropriations.
Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission. | {"src": "billsum_train", "title": "Ninth Circuit Court of Appeals Reorganization Act of 1995"} | 1,134 | 107 | 0.516099 | 1.393834 | 0.817664 | 4.968085 | 10.87234 | 0.946809 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm to School Improvements Act of
2010''.
SEC. 2. FARM TO SCHOOL PROGRAM.
(a) Amendment.--The Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) is amended by inserting after section 19, the
following:
``SEC. 19A. FARM TO SCHOOL PROGRAM.
``(a) In General.--The Secretary shall provide assistance, through
competitive matching grants and technical assistance, to eligible
entities for farm to school programs that--
``(1) improve access to local foods in schools and
institutions participating in programs under this Act and
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
through farm to school activities, including the purchase of
local food, establishment of effective relationships between
school and institutional food service providers, distributors,
and producers or groups of producers, school gardens,
appropriate equipment, and the provision of training and
education; and
``(2) are designed to--
``(A) improve the nutritional health and well being
of children;
``(B) procure healthy local foods from small and
medium-sized farms for meals at eligible schools and
institutions;
``(C) support experiential nutrition education
activities and curriculum planning that incorporates
the participation of school children in farm and
garden-based agricultural education activities;
``(D) develop a sustained commitment to farm to
school programs in the community by linking schools and
institutions, State and local agencies including Indian
Tribal Organizations, institutions of higher education,
agricultural producers, parents, community garden
groups and other community stakeholders; and
``(E) increase farm income by facilitating farmers'
access to institutional markets including schools.
``(b) Eligible Entity.--For purposes of this section, the term
`eligible entity' means--
``(1) a school;
``(2) nonprofit organization; or
``(3) other entity that the Secretary determines offers a
unique ability to provide services or farm-to-school programs.
``(c) Grants.--
``(1) Types of grants.--A grant awarded under this section
may include--
``(A) an implementation grant to support the cost
of implementing a farm to school program;
``(B) a training and technical assistance grant to
support the cost of--
``(i) providing the training, operational
support, information, and access to resources
necessary to implement a successful farm to
school program; and
``(ii) encouraging collaboration between
public and private entities; or
``(C) a planning grant to support the cost of
conducting research, identifying resources, and
developing partnerships to design a successful and
sustainable farm to school program.
``(2) Grant amounts.--A grant awarded under this section to
an eligible entity shall not exceed--
``(A) in the case of an implementation or training
and technical assistance grant, $100,000; and
``(B) in the case of a planning grant, $25,000.
``(3) Grant duration.--A grant under this section shall be
awarded for a period--
``(A) in the case of an implementation or training
and technical assistance grant, not to exceed 2 years;
and
``(B) in the case of a planning grant, not to
exceed 1 year.
``(d) Cost Share.--
``(1) In general.--The amount of a grant made under this
section shall not exceed 75 percent of the cost of the proposed
grant activities.
``(2) Non-federal support.--A recipient of a grant under
this section shall be required to provide at least 25 percent
of the cost of the proposed grant activities in the form of
cash or in-kind contributions (including facilities, equipment,
training, or services provided by State and local governments
and private sources).
``(e) Evaluation.--A recipient of a grant under this section shall
cooperate in an evaluation by the Secretary of the programs carried out
using such grant funds.
``(f) Regional Balance.--In making awards and providing technical
assistance under this section, the Secretary shall to the maximum
extent practicable, ensure--
``(1) geographical diversity; and
``(2) equitable treatment of urban, rural, and tribal
communities.
``(g) Technical Assistance.--The Secretary shall provide recipients
of grants under this section with technical assistance, which shall
include sharing information, best practices, research, and data on
existing farm to school programs.
``(h) Proposals.--
``(1) In general.--An eligible entity desiring to receive a
grant under this section shall submit a proposal to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Competitive award selection.--The Secretary shall
form review panels to evaluate proposals submitted under
paragraph (1) based on the criteria described in paragraph (3).
Such review panels shall include--
``(A) representatives of schools and eligible
institutions;
``(B) registered dietitians;
``(C) operators of small and medium-sized farms;
``(D) public agencies;
``(E) non-governmental and community-based
organizations with expertise in local food systems and
farm to school programs; and
``(F) other appropriate parties as determined by
the Secretary.
``(3) Proposal review criteria.--In making awards under
this section, the Secretary shall evaluate proposals based on
the extent to which the proposed program--
``(A) improves the nutritional health and well
being of children;
``(B) makes local food products available on the
menu of the school or institution;
``(C) benefits local small and medium-sized farms;
``(D) incorporates experiential nutrition education
activities and curriculum planning that incorporates
the participation of school children in farm and
garden-based agricultural education activities;
``(E) serves schools and eligible institutions with
a high proportion of children who are eligible for free
and reduced price lunches;
``(F) demonstrates collaboration between schools or
institutions, non-governmental and community-based
organizations, farmer groups, and other community
partners;
``(G) demonstrates the potential for long-term
program sustainability;
``(H) includes adequate and participatory
evaluation plans; and
``(I) meets such other related criteria as the
Secretary may determine relevant.
``(i) Funding.--Beginning on October 1, 2010, or of any funds in
the Treasury not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture to carry out this
section $10,000,000 each fiscal year, to remain available until
expended.''.
(b) Conforming Change.--Section 18(g) of the Richard B. Russell
School Lunch Act (42 U.S.C. 1769(g)) is amended--
(1) by striking paragraphs (1) and (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively. | Farm to School Improvements Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods.
Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant.
Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children; (2) procure healthy local foods from small and medium-sized farms; (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities; (4) commit public and private community stakeholders to the sustained success of such programs; and (5) increase farmers' income by facilitating their access to institutional markets.
Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs. | {"src": "billsum_train", "title": "To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs."} | 1,521 | 206 | 0.707843 | 1.610967 | 1.086344 | 3.70297 | 7.470297 | 0.930693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Insurance Protection Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) any arson attacks against churches should be condemned;
and
(2) houses of worship and their congregations should be
held harmless for any acts of arson and insurance companies
should be prohibited from taking punitive measures against the
churches and congregations because of the occurrence of such
acts.
SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO RENEW FIRE INSURANCE
FOR RELIGIOUS PROPERTIES.
An insurer may not cancel or decline to renew any coverage for fire
insurance for a religious property based on--
(1) the race, color, religion, or national origin of the
members of the congregation for, members of, or participants
in, the religious organization or gathering that uses the
property (or the predominant number of such members or
participants);
(2) the status of the property as a religious property;
(3) any previous occurrence of arson against the property;
or
(4) any threat or perceived threat of arson against the
property.
SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM CHARGES.
An insurer may not require, as a condition of coverage for fire
insurance for a religious property, that the insured pay a premium or
contribution which is greater than the premium or contribution for
similar coverage for a similarly situated property, solely on the basis
of--
(1) the race, color, religion, or national origin of the
members of the congregation for, members of, or participants
in, the religious organization or gathering that uses the
property (or the predominant number of such members or
participants);
(2) the status of the property as a religious property;
(3) any previous occurrence of arson against the property;
or
(4) any threat or perceived threat of arson against the
property.
SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUSTICE.
(a) In General.--The authority and responsibility for investigating
violations of this Act and for enforcing this Act shall be in the
Attorney General.
(b) Complaints.--The Attorney General shall provide for persons
aggrieved under this Act to file complaints with the Attorney General
alleging violations of this Act and shall investigate such complaints
to determine whether the violations have occurred.
(c) Monitoring Compliance.--The Attorney General may, on the
Attorney General's own initiative, take such actions as the Attorney
General considers appropriate to investigate and determine compliance
with this Act.
SEC. 6. CIVIL ACTION.
(a) Cause of Action.--Whenever the Attorney General has reasonable
cause to believe that a violation of this Act has occurred and judicial
action is necessary to carry out the purposes of this Act, the Attorney
General may commence a civil action in any appropriate United States
district court.
(b) Relief.--In addition to other appropriate relief which may be
granted in a civil action, the court in a civil action under subsection
(a)--
(1) may award such preventive relief, including a permanent
or temporary injunction, restraining order, or other order
against the person responsible for a violation of this Act as
is necessary to ensure the full enjoyment of rights granted by
this Act (including an order of specific performance of any
contract for insurance coverage); and
(2) shall assess a civil penalty against the person
determined to violate this Act in an amount of--
(A) $50,000, for a first violation;
(B) $250,000, for a second violation; and
(C) $500,000, for a third or subsequent violation.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Coverage for fire insurance.--The term ``coverage for
fire insurance'' means any property and casualty insurance
coverage that includes insurance against losses, damages,
expenses, and liabilities caused by fires. The term includes
coverage under a policy for only the line of insurance for
losses from fires and coverage for such fire losses under a
policy that includes the fire line of insurance together with
other lines.
(2) Insurer.--The term ``insurer'' means any corporation,
association, society, order, firm, company, mutual,
partnership, individual, aggregation of individuals, or other
legal entity that is authorized to transact the business of
property or casualty insurance in any State or that is engaged
in a property or casualty insurance business.
(3) Religious property.--The term ``religious property''
means any church, synagogue, mosque, or other religious
property, and includes any buildings and support structures
used primarily for worship and related activities. | Church Insurance Protection Act - Expresses the sense of the Congress that: (1) any arson attacks against churches should be condemned; and (2) houses of worship and their congregations should be held harmless for any acts of arson and insurance companies should be prohibited from taking punitive measures against them because of such acts.
Prohibits an insurer from canceling, declining to renew, or requiring a higher premium or contribution for fire insurance for a religious property based on: (1) the race, color, religion, or national origin of property users; (2) the status of the property as religious property; (3) any previous arson against the property; or (4) any perceived arson threat. Places authority and responsibility for investigating violations of, and enforcing, this Act in the Attorney General. Authorizes the Attorney General to begin a civil action. Authorizes preventive relief and mandates civil monetary damages. | {"src": "billsum_train", "title": "Church Insurance Protection Act"} | 1,036 | 195 | 0.745735 | 2.081059 | 0.989257 | 5.511111 | 5.388889 | 0.9 |
SECTION 1. TAX TREATMENT OF SECTION 42 HOUSING COOPERATIVES AND
SHAREHOLDERS OF SUCH COOPERATIVES.
(a) In General.--Part III of subchapter T of chapter 1 of the
Internal Revenue Code of 1986 (relating to cooperatives and their
patrons) is amended by adding at the end the following new section:
``SEC. 1389. SPECIAL RULES FOR SECTION 42 HOUSING COOPERATIVES AND
THEIR SHAREHOLDERS.
``(a) Allowance of Deductions and Credits.--
``(1) Non-patron shareholders.--In the case of a section 42
housing cooperative (as defined in subsection (b)(1)), the non-
patron shareholders of such cooperative shall be allowed to
take into account for purposes of calculating the taxable
income of such shareholders the following tax items:
``(A) 100 percent of all low-income housing tax
credits to which the section 42 housing cooperative is
entitled under section 42.
``(B) 100 percent of all interest allowable as a
deduction to the cooperative under section 163 and
which is incurred and accrued but unpaid by the
cooperative on its indebtedness contracted--
``(i) in the acquisition, construction,
alteration, rehabilitation, or maintenance of
the houses or apartment buildings, or
``(ii) in the acquisition of the land on
which the houses (or apartment buildings) are
situated.
``(2) Patron shareholders.--In the case of a section 42
housing cooperative, the patron shareholders of such
cooperative shall be allowed a deduction equal to 100 percent
of the amounts paid by the cooperative within the taxable year
for the following items, except that in no event may a patron
shareholder deduct an amount in excess of such patron
shareholder's proportionate share of such specified items:
``(A) Real estate taxes allowable as a deduction to
the cooperative under section 164 which are paid or
incurred by the cooperative on the houses or apartment
buildings and on the land on which such houses (or
apartment buildings) are situated.
``(B) The interest allowable as a deduction to the
cooperative under section 163 for the taxable year and
which is paid by the cooperative during such taxable
year on its indebtedness contracted--
``(i) in the acquisition, construction,
alteration, rehabilitation, or maintenance of
the houses or apartment buildings, or
``(ii) in the acquisition of the land on
which the houses (or apartment buildings) are
situated.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Section 42 housing cooperative.--The term `section 42
housing cooperative' means a corporation--
``(A) having no more than 2 classes of stock
outstanding, consisting of--
``(i) shares of stock issued to persons who
make an equity contribution to the cooperative
but who are not residents in the houses or
apartment buildings owned by the cooperative;
and
``(ii) shares of stock issued to persons
who make an equity contribution to the
cooperative and who are residents in the houses
or apartment buildings owned by the
cooperative;
``(B) in which each of the holders of patron stock
is entitled, solely by reason of the patron's ownership
of such stock in the cooperative, to occupy for
dwelling purposes a house, or an apartment in a
building, owned by such cooperative;
``(C) no shareholder of which is entitled (either
conditionally or unconditionally) to receive any
distribution not out of earnings and profits of the
cooperative except on a complete or partial liquidation
of the cooperative;
``(D) 80 percent or more of the gross income of
which for the taxable year in which the taxes and
interest described in subsection (a) are paid or
incurred is derived from patron shareholders; and
``(E) which is entitled to claim a low-income
housing tax credit under section 42.
``(2) Shareholder's proportionate share.--
``(A) In general.--Except as provided in
subparagraph (B), the term `proportionate share' means
that proportion which the stock of the cooperative
housing corporation owned by a particular patron
shareholder is of the total outstanding patron stock of
the corporation (including any stock held by the
corporation).
``(B) Special rule where allocation of taxes or
interest reflect cost to corporation of patron
shareholder's unit.--
``(i) In general.--If, for any taxable
year--
``(I) each dwelling unit owned or
leased by a section 42 housing
cooperative is separately allocated a
share of such cooperative's real estate
taxes described in subsection (a)(2)(A)
or a share of such cooperative's
interest described in subsection
(a)(2)(B), and
``(II) such allocation reasonably
reflects the cost to such cooperative
of such taxes, or of such interest,
attributable to the shareholder's
dwelling unit (and such unit's share of
the common areas),
then the term `proportionate share' means the
shares determined in accordance with the
allocations described in subclause (II).
``(ii) Election by cooperative required.--
Clause (i) shall apply with respect to any
section 42 housing cooperative only if such
cooperative elects its application. Such an
election, once made, may be revoked only with
the consent of the Secretary.
``(3) Prior approval of occupancy.--
``(A) In general.--For purposes of this section, in
the following cases there shall not be taken into
account the fact that (by agreement with the section 42
housing cooperative) the person or the person's nominee
may not occupy the house or apartment without the prior
approval of such cooperative:
``(i) In any case in which a person
acquires stock of a section 42 housing
cooperative by operation of law.
``(ii) In any case in which a person other
than an individual acquires stock of a section
42 housing cooperative.
``(iii) In any case in which the original
seller acquires any stock of the section 42
housing cooperative from the cooperative not
later than 1 year after the date on which the
apartments or houses (or leasehold interests
therein) are transferred by the original seller
to the cooperative.
``(B) Original seller defined.--For purposes of
subparagraph (A)(iii), the term `original seller' means
the person from whom the cooperative has acquired the
apartments or houses (or leasehold interest therein).
``(4) Application of section to mutual housing
associations.--
``(A) In general.--In the case of a section 42
housing cooperative which is a mutual housing
association, this section shall be applied--
``(i) by substituting `membership
certificates' for `stock' or `shares of stock',
and
``(ii) by substituting `membership
certificate-holders' for `shareholders'.
``(B) Mutual housing association.--For purposes of
subparagraph (A), the term `mutual housing association'
means a resident-controlled, State-chartered
organization described in section 501(c)(3) and exempt
from tax under section 501(a).
``(c) Treatment as Property Subject to Depreciation.--
``(1) In general.--
``(A) By non-patron shareholders.--Non-patron
shares of stock (within the meaning of subsection
(b)(1)(A)(i)) shall be treated as property subject to
the allowance for depreciation under section 167(a).
Such shares of stock shall be treated as residential
real property for purposes of determining the
appropriate depreciation method under section 168(b),
the applicable recovery period under section 168(c),
and the applicable convention under section 168(d).
``(B) By patron shareholders.--So much of the
shares of stock of a patron shareholder (within the
meaning of subsection (b)(1)(A)(ii)) as is allocable,
under regulations prescribed by section 216(c), to a
proprietary lease or right of tenancy subject to the
allowance for depreciation under section 167(a) shall,
to the extent such proprietary lease or right of
tenancy is used by such patron shareholder in a trade
or business or for the production of income, be treated
as property subject to the allowance for depreciation
under section 167(a).
``(2) Deduction limited to adjusted basis in stock.--
``(A) In general.--The amount of any deduction for
depreciation allowable under section 167(a) to a non-
patron or patron shareholder with respect to any stock
for any taxable year by reason of subparagraph (A) or
(B) of paragraph (1), respectively, shall not exceed
the adjusted basis of such stock as of the close of the
taxable year of the shareholder in which such deduction
was incurred.
``(B) Carryforward of disallowed amount.--The
amount of any deduction which is not allowed by reason
of subparagraph (A) shall, subject to the provisions of
subparagraph (A), be treated as a deduction allowable
under section 167(a) in the succeeding taxable year.
``(3) No limitation on deduction by section 42 housing
cooperative.--Nothing in this section shall be construed to
limit or deny a deduction for depreciation under section 167(a)
by a section 42 housing cooperative with respect to property
owned by such cooperative and occupied by the patron
shareholders thereof.
``(d) Disallowance of Deduction for Certain Payments to the
Cooperative.--No deduction shall be allowed to the holder of non-patron
or patron stock in a section 42 housing cooperative for any amount paid
or accrued to such cooperative during any taxable year to the extent
that such amount is properly allocable to amounts paid or incurred at
any time by the cooperative which are chargeable to the cooperative's
capital account. The shareholder's adjusted basis in the stock in the
cooperative shall be increased by the amount of such disallowance.
``(e) Restriction on the Resale of Patron Stock.--Upon the transfer
of patron stock, the consideration received by the holder of such stock
shall not exceed the shareholder's adjusted equity in such stock. For
purposes of this subsection, the term `adjusted equity' means the sum
of--
``(1) the consideration paid for such stock by the first
shareholder, as adjusted by a cost-of-living adjustment and any
other acceptable adjustments determined by the Secretary, and
``(2) payments made by such shareholder for improvements to
the house or apartment occupied by the shareholder.
``(f) Distributions by Section 42 Housing Cooperative.--Except as
provided in regulations under section 216(e), no gain or loss shall be
recognized on the distribution by a section 42 housing cooperative of a
dwelling unit to a holder of patron stock in such cooperative if such
distribution is in exchange for the shareholder's stock in the
cooperative and such exchange qualifies for nonrecognition of gain
under section 1034(f).''.
(b) Conforming Amendments.--
(1) Section 42 of the Internal Revenue Code of 1986
(relating to low-income housing credit) is amended by adding at
the end the following new subsection:
``(o) Section 42 Housing Cooperatives.--In the case of a section 42
housing cooperative (as defined in section 1389(b)(1)), the holders of
the non-patron stock (within the meaning of section 1389(b)(1)(A)(i))
shall be entitled to any and all tax credits that would otherwise be
available to such cooperative under this section. Any recapture of
credit calculated against the section 42 housing cooperative under
subsection (j) shall be an increase in the tax under this chapter for
the holders of the non-patron stock in proportion to the relative
holdings of such stock during the period giving rise to such
recapture.''.
(2) Section 42(g)(2)(B) of such Code is amended by striking
``and'' at the end of clause (iii), by striking the period at
the end of clause (iv) and inserting ``, and'', and by
inserting after clause (iv) the following new clause:
``(v) does not include any amounts paid by
a tenant in connection with the acquisition or
holding of any patron stock (within the meaning
of section 1389(b)(1)(A)(ii)).''.
(3) Section 42(i) of such Code is amended by adding at the
end the following new paragraph:
``(8) Impact of section 42 housing cooperative's right of
first refusal to acquire stock of a section 42 housing
cooperative.--
``(A) In general.--No Federal income tax benefit
shall fail to be allowable to a non-patron or patron
shareholder (within the meaning of section 1389(b)(1))
of a section 42 housing cooperative (as defined in
section 1389(b)(1)) with respect to any qualified low-
income building merely by reason of a right of first
refusal or option or both held by the section 42
housing cooperative to purchase non-patron stock of the
cooperative after the close of the compliance period
for a price which is not less than the minimum purchase
price determined under subparagraph (B).
``(B) Minimum purchase price.--For purposes of
subparagraph (A), the minimum purchase price for the
stock of a section 42 housing cooperative is an amount
equal to the present value of the remaining
depreciation deductions which would be allowable under
section 1389(c)(1) to the holder of such stock. For
purposes of determining present value, the discount
rate provided in subsection (b)(2)(C)(ii) shall be
applicable as determined at the time of the exercise of
such option or right of first refusal.''.
(4) Section 1381(a) of such Code is amended by striking
``and'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting '', and'', and by adding
at the end the following new paragraph:
``(3) any section 42 housing cooperative (as defined in
section 1389(b)(1)).''.
(5) The table of sections for part III of subchapter T of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 1389. Special rules for section 42 housing cooperatives
and their shareholders.''.
(c) 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 authorize, in the case of a housing cooperative eligible for the low-income housing tax credit: (1) nonresident shareholders to include such credit and the deduction for certain unpaid acquisition interest allowable to the cooperative proportionally in the calculation of their individual income taxes; and (2) resident shareholders to include the deduction for real estate taxes and interest paid by the cooperative proportionally in the calculation of their individual income taxes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the tax treatment of section 42 housing cooperatives and the shareholders of such cooperatives, and for other purposes."} | 3,278 | 91 | 0.558403 | 1.414818 | 1.001973 | 2.116279 | 34.465116 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustainable Farmland for the Future
Act''.
SEC. 2. DEFINITIONS.
Section 1201(a) of the Food Security Act of 1985 (16 U.S.C.
3801(a)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``highly
erodible'' and inserting ``covered''; and
(B) in subparagraph (B), by striking ``the highly
erodible'' and inserting ``covered'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) by amending subparagraph (B) to read as
follows:
``(B) are designed to, in a cost effective and
technically practicable manner--
``(i) achieve a substantial improvement in
water quality;
``(ii) achieve a rate of soil erosion no
greater than the soil loss tolerance level, as
determined by the Natural Resources
Conservation Service;
``(iii) prevent ephemeral gully erosion;
and
``(iv) establish and maintain a minimum of
50 feet of perennial vegetation between covered
cropland and intermittent or perennial
waterways; and''; and
(C) by adding at the end the following:
``(C) are based on the most recent and technically
accurate soil erosion prediction models to determine if
soil erosion by wind and water exceed the Soil Loss
Tolerance Level on covered cropland subject to subtitle
B.'';
(3) in paragraph (6), by striking ``highly erodible'' and
inserting ``covered'';
(4) by amending paragraph (7)(A)(ii) to read as follows:
``(ii) before such action, such land was
wetland.'';
(5) in paragraph (9), by striking ``Any highly erodible
land on which an agricultural commodity is produced after
December 23, 1985, and that is not exempt under section 1212,
shall be considered as part of the field in which the land was
included on December 23, 1985, unless the owner and Secretary
agree to modification of the boundaries of the field to carry
out this title.''; and
(6) by adding at the end the following:
``(28) Covered cropland.--The term `covered cropland' means
cropland, as defined in section 718.2 of title 7, Code of
Federal Regulations, that is planted to a row crop.''.
SEC. 3. COVERED CROPLAND PROGRAM INELIGIBILITY.
(a) In General.--Section 1211 of the Food Security Act of 1985 (16
U.S.C. 3811) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``a field on which highly erodible land'' and
all that follows through ``shall be ineligible for''
and inserting ``covered cropland shall be ineligible
for'';
(B) in paragraph (1)(A)--
(i) by inserting ``or income'' after ``any
type of price''; and
(ii) by inserting ``, including a payment
made under section 1116 or 1117 of the
Agricultural Act of 2014'' before the semicolon
at the end; and
(C) in paragraph (1)(D), by striking ``excessive
erosion of highly erodible land'' and inserting
``substantial erosion or degradation of water
quality''; and
(2) in the heading of subsection (b), by striking ``Highly
Erodible Land'' and inserting ``Compliance Determination''.
(b) Conforming Amendment.--Subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.) is amended in the heading
by striking ``Highly Erodible Land'' and inserting ``Covered
Cropland''.
SEC. 4. EXEMPTIONS.
Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligibility Based on Compliance With Conservation Plan.--
``(1) In general.--If, as of January 1, 2023, or 2 years
after the Natural Resources Conservation Service has completed
a conservation plan for the farm, whichever is later, a person
is actively applying the approved conservation plan, such
person shall have until January 1, 2028, to comply with the
plan without being subject to program ineligibility.
``(2) Minimization of documentation.--In carrying out this
subsection, the Secretary, Natural Resources Conservation
Service, and local soil conservation districts shall minimize
the quantity of documentation a person must submit to comply
with this paragraph.
``(3) Expiration.--On the expiration of a contract entered
into under subchapter B of chapter 1 of subtitle D, the
provisions of this subtitle shall apply to the acreage that was
the subject of such contract.'';
(2) by striking subsections (b), (c), and (d);
(3) by redesignating subsections (e), (f), (g), and (h) as
subsections (b), (c), (d), and (e), respectively; and
(4) in subsection (c), as so redesignated, by amending
paragraph (4)(A)(i) to read as follows:
``(i) a person has failed to comply with
section 1211, and has acted in good faith and
without an intent to violate section 1211;
or''.
SEC. 5. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION PLANS AND
CONSERVATION SYSTEMS.
Section 1213 of the Food Security Act of 1985 (16 U.S.C. 3812a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and
economically''; and
(B) in paragraph (4), by striking ``undue'' and
inserting ``serious'';
(2) by striking subsection (b) and redesignating
subsections (c), (d), (e), and (f) as subsections (b), (c),
(d), and (e), respectively;
(3) in subsection (c) (as redesignated by paragraph (2))--
(A) in paragraph (2)--
(i) by striking ``If a person makes a
certification under paragraph (1), the
Secretary shall not be required to'' and
inserting ``The Secretary shall annually''; and
(ii) by inserting ``on not less than 5
percent of the covered cropland subject to this
subtitle'' after ``being applied''; and
(B) in paragraph (3), by striking the last sentence
and inserting ``The Secretary may revise the person's
conservation plan if the Secretary determines the
conservation plan is not meeting the standards in
section 1201(a)(4).''; and
(4) by amending subsection (d) (as redesignated by
paragraph (2)) to read as follows:
``(d) Technical Assistance.--The Secretary shall--
``(1) provide technical assistance to a person throughout
the development, revision, and application of the conservation
plan and any conservation system of the person; and
``(2) make available annually an amount equal to 0.02
percent of the funding otherwise provided for programs
specified in section 1211(a), not to exceed $350 million, to
provide technical assistance, conduct status reviews and other
tasks required to fully implement the provisions of this
subtitle.''.
SEC. 6. WETLAND PROGRAM INELIGIBILITY.
Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is
amended--
(1) in subsection (b)(1), by inserting ``, including
payments made under section 1116 or 1117 of the Agricultural
Act of 2014'' before the period at the end; and
(2) in subsection (c)--
(A) by amending paragraph (2)(B) to read as
follows:
``(B) New conversions.--In the case of a wetland
that the Secretary determines was converted after the
date of enactment of the Agricultural Act of 2014, the
person shall be ineligible to receive crop insurance
premium subsidies in subsequent reinsurance years
unless the Secretary determines that an exemption
pursuant to section 1222 applies.'';
(B) in paragraph (3), by striking subparagraph (E);
and
(C) in paragraph (4), by inserting at the end the
following:
``(D) Funding.--The Secretary shall make available
annually an amount equal to 0.01 percent of the funding
otherwise made available for programs specified in
1221(b), not to exceed $200 million, to provide
technical assistance, conduct status reviews and carry
out other tasks needed to fully implement the
provisions of this subtitle.
``(E) Status reviews.--The Secretary shall annually
carry out a review of the status of compliance of the
person with the conservation plan under which the
conservation system is being applied on no less than 5
percent of the covered cropland subject to this
subtitle.''.
SEC. 7. DELINEATION OF WETLANDS; EXEMPTIONS.
Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is
amended in subsection (f)(2)--
(1) by striking subparagraphs (D) and (E); and
(2) by redesignating subparagraphs (F) and (G) as
subparagraphs (D) and (E), respectively. | Sustainable Farmland for the Future Act This bill amends the Food Security Act of 1985 to modify the conservation compliance provisions that apply to farmers who receive certain Department of Agriculture (USDA) benefits and have land that is highly erodible or a wetland. The bill modifies the compliance provisions to: apply the requirements to cropland that is planted to a row crop rather than highly erodible cropland; modify the requirements for a conservation system; modify the compliance requirements for farmers who receive crop insurance premium subsidies; expand the authority and requirements for USDA to review conservation plans; require USDA to use specified funds to provide technical assistance, conduct status reviews, and carry out other tasks needed to implement the conservation requirements; and revise the enforcement procedures for wetlands. | {"src": "billsum_train", "title": "Sustainable Farmland for the Future Act"} | 2,195 | 165 | 0.525715 | 1.396537 | 0.712145 | 1.9375 | 13.729167 | 0.756944 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Accountability in
Medicare Bidding Act of 2013''.
SEC. 2. DELAY IN IMPLEMENTING THE MEDICARE DME COMPETITIVE BIDDING
PROGRAM AND THE NATIONAL MAIL ORDER PROGRAM FOR DIABETIC
TESTING SUPPLIES.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall delay from July 1, 2013,
to a date that is no earlier than December 31, 2013, the dates of
implementation of--
(1) round 2 of the DMEPOS competitive bidding program under
section 1847 of the Social Security Act (42 U.S.C. 1395w-3);
and
(2) the single payment amounts under the national mail
order competition for diabetic supplies under such section.
(b) Round 1 Recompete Delay.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall delay the
start of round 1 recompete of such DMEPOS competitive bidding program
from January 1, 2014, to a date that is no earlier than 6 months after
the date of initial implementation of round 2 of such program.
SEC. 3. EVALUATION OF DMEPOS COMPETITIVE BIDDING PROGRAM BY AUCTION
EXPERT TEAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), not later than 3 months
after the date of the enactment of this Act and acting through the
Office of the Assistant Secretary for Planning and Evaluation, shall
contract 3 auction experts, a health economist, and an econometrician
to work as a team (in this section collectively referred to as the
``auction expert team''), led by the auction experts, to independently
review and assess all aspects of round 1 re-bid and round 2 of the
DMEPOS competitive bidding program under section 1847 of the Social
Security Act (42 U.S.C. 1395w-3), including the design, development,
implementation, adequacy of support for Medicare beneficiaries with
chronic illness or disabilities, market fairness, sustainability, and
functioning of such program.
(b) Selection of Auction Expert Team.--
(1) In general.--The selection of the experts on the
auction expert team under subsection (a) shall be undertaken
through a competitive process.
(2) Disqualifications.--An individual shall not be selected
for the auction expert team if such individual--
(A) is a current or former employee of the Centers
for Medicare & Medicaid Services;
(B) is a current or former contractor for the
Centers for Medicare & Medicaid Services that
participated in the design or implementation of the
DMEPOS competitive bidding program;
(C) does not have significant experience in
implementing auctions of similar complexity in
government programs; and
(D) does not have appropriate educational
credentials.
(c) Access to Information.--The Secretary shall make available to
the auction expert team all applicable information (including
confidential information) on the DMEPOS competitive bidding program in
its entirety (including information on its design and the bidding under
round 1, round 1 re-bid, and round 2).
(d) Report to Secretary and Congress.--
(1) In general.--Not later than 4 months after the date the
Secretary enters into the contract with the experts under
subsection (a), the auction expert team shall submit a report
to the Secretary and to the Congress on its assessment and
review under subsection (a).
(2) Items to be included in report.--Such report shall
include the following and shall identify all potential problems
with the DMEPOS competitive bidding program:
(A) A review and assessment of the appropriateness
of HCPCS codes selected for auctions.
(B) An evaluation and assessment of the ability of
individuals eligible for the DMEPOS items subject to
the program to obtain these items and services,
including an assessment of utilization patterns.
(C) An analysis of any current or future adverse
effects on beneficiaries' health outcomes related to
the program and related costs to the Medicare trust
fund, including an analysis of those beneficiaries in
each competitively bid area who did not continue to
receive such items and the effect on their Medicare
claims under parts A, B, and D.
(D) An identification and report on the cause of
any material deterioration in the quality of items and
services provided to an individual eligible for DMEPOS
benefits under the program.
(E) An evaluation of the costs of any preventable
or prolonged hospitalizations due to lack of timely
access to items and related services subject to the
program.
(F) An identification, for each product category
and competitive bid area in the round 1 re-bid, of the
following:
(i) The original winning bidders which
signed contracts and the number of allowed
unique Medicare beneficiaries each contracting
supplier fulfilled annually for the calendar
years 2010, 2011 and 2012 in the competitive
bidding areas.
(ii) How many contracting suppliers failed
to submit beneficiary product claims for more
than 60 consecutive days.
(iii) An identification of DMEPOS suppliers
added after January 1, 2011, and the number of
allowed unique Medicare beneficiaries each such
added supplier served annually for the calendar
years 2010, 2011 and 2012 in the competitive
bidding areas.
(G) An identification, for each product category
and each competitive bidding area in the round 1 re-bid
and in round 2, of the following:
(i) The number of winning suppliers.
(ii) The number of such winning suppliers
which have not previously supplied the DMEPOS
products bid for in the competitive bidding
area.
(iii) The total actual unique Medicare
beneficiaries served by such winning suppliers,
for 2010 with the round 1 re-bid and 2012 for
round 2.
(iv) The total capacity, measured by unique
Medicare beneficiaries to be served by such
winning suppliers, as estimated by Secretary to
meet the needs of seniors during the
contracting period.
(v) Such total capacity as bid by the
winning bidders.
(vi) The total capacity attributed by the
Secretary to the winning bidders.
(3) Recommendations.--Such report shall also include such
recommendations for changes in such program as the auction
expert team determines appropriate, including recommendations
that respond to all the potential problems identified under
paragraph (2). | Transparency and Accountability in Medicare Bidding Act of2013 - Directs the Secretary of Health and Human Services (HHS) to delay from July 1, 2013, to a date no earlier than December 31, 2013, the implementation of: (1) round 2 of the durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive bidding program under title XVIII (Medicare) the Social Security Act; and (2) the Medicare single payment amounts under the national mail order competition for diabetic supplies. Directs the Secretary to delay the start of round 1 recompete of such DMEPOS competitive bidding program from January 1, 2014, to a date no earlier than six months after the initial implementation of round 2. Requires the Secretary, acting through the Office of the Assistant Secretary for Planning and Evaluation, to contract three auction experts, a health economist, and an econometrician to work collectively as an auction expert team, led by the auction experts, to independently review and assess all aspects of round 1 re-bid and round 2 of the DMEPOS competitive bidding program, including its design, development, implementation, adequacy of support for Medicare beneficiaries with chronic illness or disabilities, market fairness, sustainability, and functioning. | {"src": "billsum_train", "title": "Transparency and Accountability in Medicare Bidding Act of 2013"} | 1,370 | 269 | 0.763267 | 2.692912 | 0.846842 | 6.363636 | 5.571429 | 0.943723 |
SECTION 1. CONDITION ON FEDERAL FUNDING.
(a) In General.--No Federal housing funds may be provided to a
State or a political subdivision of a State, or to any agency or office
thereof, unless the Secretary of Housing and Urban Development
determines that the State has in effect a State law that--
(1) requires the preparation of an economic analysis of any
housing rule change proposed by the State, political
subdivision, agency, or office that may have a significant
adverse impact on housing construction costs or housing
affordability; and
(2) satisfies the requirements of section 2 with respect to
the contents of such analysis.
(b) Effective Date.--The condition imposed by subsection (a) shall
take effect one year after the date of enactment of this Act.
SEC. 2. PROPOSED RULE AND ECONOMIC HOUSING IMPACT ANALYSIS.
(a) Applicability.--The requirements of this section shall apply
with respect to any proposed or final rule, unless the State or
political subdivision of a State, or any agency or office thereof,
promulgating the rule certifies that the proposed or final rule will
not, if given force or effect as a final rule, have a significant
adverse impact on housing construction cost or housing affordability.
(b) Certification.--Any State or political subdivision of a State,
or any agency or office thereof, making a certification under
subsection (a), shall submit to the Secretary a copy of such
certification and a statement providing the factual basis for such
certification.
(c) Public Disclosure.--
(1) Notice and comment period for proposed rule required.--
(A) In general.--Whenever any State or political
subdivision of a State, or any agency or office
thereof, proposes a rule that will have a significant
impact on housing construction costs or housing
affordability, the State, political subdivision,
agency, or office shall make a public announcement of
the proposed rule that--
(i) states with particularity the text of
the proposed rule; and
(ii) requests any interested persons to
submit to the State, political subdivision,
agency, or office any written analyses, data,
view, or arguments, along with any specific
alternatives to the proposed rule.
(B) Timing.--The State, political subdivision,
agency, office shall provide reasonable time and
opportunity for interested persons to take the actions
specified under subparagraph (A)(ii) before
promulgation of the proposed rule.
(2) Notice and comment period for economic housing impact
analysis required.--Whenever any State or political subdivision
of a State, or any agency or office thereof, proposes a rule
that will have a significant adverse impact on housing
construction costs or housing affordability, the State,
political subdivision, agency, or office shall prepare and make
available to the public for comment a copy of the economic
housing impact analysis in accordance with subsection (d).
(d) Economic Housing Impact Analysis.--
(1) Requirements.--Each economic housing impact analysis
shall--
(A) describe the impact of the proposed rule on
housing construction costs or housing affordability;
and
(B) be made available to the public for comment at
the same time as, and together with, the public
announcement of the proposed rule.
(2) Transmittal to secretary.--Any State, political
subdivision, agency, or office that prepares an economic
housing impact analysis shall transmit to the Secretary such
analysis.
(3) Contents.--Each economic housing impact analysis
required under this subsection shall contain--
(A) a description of the reasons why action by the
State, political subdivision, agency, or office is
being considered;
(B) a succinct statement of the objectives of, and
legal basis for, the proposed rule;
(C) a summary of the significant issues, analyses,
and any alternatives to the proposed rule, a summary of
the assessment of the State, political subdivision,
agency, or office of such issues, analyses, and
alternatives;
(D) a description of and, where practicable, an
estimate of the extent to which the proposed rule will
impact housing construction costs or housing
affordability, or an explanation of why no such
estimate is available; and
(E) an identification, to the extent practicable,
of all relevant Federal or State rules which may
duplicate, overlap, or conflict with the proposed rule.
(e) Preparation of Analyses.--In complying with the provisions of
subsection (d), the State, political subdivision, agency, or office may
provide either a quantifiable or numerical description of the effects
of a proposed rule or alternatives to the proposed rule, or more
general descriptive statements if quantification is not practicable or
reliable.
(f) Development of Model.--Not later than six months from the date
of the enactment of this Act, the Secretary shall develop a model
economic housing impact analysis under this section and shall publish
such model in the Federal Register. The model analyses shall define the
primary elements of an economic housing impact analysis to instruct the
States or political subdivisions of the States, or any agencies or
offices thereof, on how to carry out and develop the analyses required
under subsection (d).
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal housing funds.--The term ``Federal housing
funds'' means funds provided under any program administered by
the Secretary of Housing and Urban Development that provides
housing assistance to any State or political subdivision of a
State, or to any agency or office thereof, including any public
housing agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Significant adverse impact.--The term ``significant
adverse impact'', with respect to a rule, means that the rule,
if given force or effect as a final rule, will increase housing
construction costs or housing affordability for consumers by
more than $50,000,000 per year.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States. | Conditions the receipt of federal housing funds by a state, political subdivision, or any agency or office thereof on the preparation of a state economic housing impact analysis regarding any new rule proposed by the state, political subdivision, agency or office that has a significant adverse economic impact on housing construction costs or housing affordability in excess of $50 million annually.
Sets forth analysis requirements.
Requires the Secretary of Housing and Urban Development to develop a model analysis. | {"src": "billsum_train", "title": "To condition the receipt of Federal housing funds by a State or political subdivision of a State, or any agency or office thereof, on the preparation of an economic housing impact analysis regarding any new rule proposed by the State, political subdivision, agency, or office that has a significant adverse economic impact on housing construction costs or housing affordability of $50,000,000 or more, and for other other purposes."} | 1,321 | 94 | 0.592921 | 1.483437 | 0.984959 | 3.181818 | 14.193182 | 0.886364 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Tax Free Tips Act
of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of , a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. TIPS NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES.
(a) In General.--Section 102 (relating to gifts and inheritances)
is amended by adding at the end the following new subsection:
``(d) Tips.--For purposes of subsection (a), tips shall be treated
as property transferred by gift.''.
(b) Exclusion From Social Security Taxes.--
(1) Social security taxes.--
(A) Paragraph (12) of section 3121(a) is amended to
read as follows:
``(12) tips;''.
(B) Section 3121 is amended by striking subsection
(q) (relating to tips included for both employee and
employer taxes).
(C) Subsection (a) of section 3102 is amended by
striking ``; and an employer who is furnished by an
employee a written statement of tips (received in a
calendar month) pursuant to section 6053(a) to which
paragraph (12)(B) of section 3121(a) is applicable may
deduct an amount equivalent to such tax with respect to
such tips from any wages of the employee (exclusive of
tips) under his control, even though at the time such
statement is furnished the total amount of the tips
included in statements furnished to the employer as
having been received by the employee in such calendar
month in the course of his employment by such employer
is less than $20''.
(D) Section 3102 is amended by striking subsection
(c) (relating to special rule for tips).
(E) Subsection (a) of section 3202 is amended by
striking the second sentence.
(2) Tier 1 railroad retirement.--
(A) Section 3202 is amended by striking subsection
(c).
(B) Paragraph (3) of section 3231(e) is amended to
read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' shall not include
tips.''.
(C) Section 3231 is amended by striking subsection
(h).
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall not include tips.''.
(d) Exclusion From Wage Withholding.--
(1) Paragraph (16) of section 3401(a) is amended to read as
follows:
``(16) tips;''.
(2) Section 3401 is amended by striking subsection (f).
(3) Section 3402 is amended by striking subsection (k).
(e) Tips Defined.--Subsection (a) of section 7701 (relating to
definitions) is amended by adding at the end the following new
paragraph:
``(50) Tips.--The term `tips' includes any gratuity
provided to a salaried employee by a customer or client of the
employer's business.''.
(f) Conforming Amendments.--
(1) Clause (i) of section 32(c)(2)(A) (defining earned
income) is amended by striking ``tips,''.
(2)(A) Section 45B (relating to credit for portion of
employer social security taxes paid with respect to employee
cash tips) is hereby repealed.
(B) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 45B.
(C) Subsection (b) of section 38 is amended by striking
paragraph (11) and by redesignating the succeeding paragraphs
accordingly.
(D) Subsection (c) of section 196 is amended by striking
paragraph (8) and by redesignating the succeeding paragraphs
accordingly.
(E) Subsection (m) of section 6501 is amended by striking
``45B,''.
(3) Section 220(b)(4)(A) is amended by striking ``tips,''.
(4) Section 451 is amended by striking subsection (c).
(5) Section 6001 is amended by striking the last sentence.
(6) Section 6041 is amended by striking subsection (e).
(7) Subsection (c) of section 6041A is amended by striking
``, 6052, or 6053'' and inserting ``or 6052''.
(8) Subsection (a) of section 6051 is amended by striking
``In the case of tips received by an employee in the course of
his employment, the amounts required to be shown by paragraphs
(3) and (5) shall include only such tips as are included in
statements furnished to the employer pursuant to section
6053(a).''.
(9) Section 6053 (relating to tip reporting) is hereby
repealed.
(10) The table of sections for subpart C of part III of
subchapter A of chapter 61 is amended by striking the item
relating to section 6053.
(11) Section 6652 is amended by striking subsection (b)
(relating to failure to report tips).
(12) Section 6674 (relating to fraudulent statement or
failure to furnish statement to employee) is amended by
striking ``or 6053(b)'' each place it appears.
(13) Subparagraph (B) of section 6724(d)(1) is amended by
striking clause (xv) and redesignating the succeeding clauses
accordingly.
(14) Paragraph (2) of section 6724(d) is amended by
striking subparagraph (V) and redesignating the succeeding
subparagraphs accordingly.
(g) Effective Date.--The amendments made by this section shall
apply to tips received in calendar months beginning after the date of
the enactment of this Act. | Tax Free Tips Act of 2007 - Amends the Internal Revenue Code to exempt tips from the income tax, social security and railroad retirement taxes, unemployment taxes, and tax withholding. Defines "tips" as any gratuity provided to a salaried employee by a customer or client of the employer's business. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that tips shall not be subject to income or employment taxes."} | 1,378 | 72 | 0.489433 | 1.250501 | 0.418033 | 4.017544 | 22.105263 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridges to the Cuban People Act of
2001''.
TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA
SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH
CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.
(a) In General.--Except as provided in subsection (b), any
prohibition or restriction in law or regulation on trade or financial
transactions with Cuba shall not apply with respect to the export of
any agricultural commodity, farm machinery or equipment, medicine, or
medical device, or with respect to travel incident to the sale or
delivery of any agricultural commodity, farm machinery or equipment,
medicine, or medical device, to Cuba.
(b) Exceptions.--Subsection (a) does not apply to--
(1) any prohibition or restriction imposed under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or
successor statute for goods containing parts or components on
which export controls are in effect under that section; or
(2) any prohibition or restriction imposed under section
203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) insofar as the prohibition or restriction is
exercised to deal with a threat to the national security of the
United States by virtue of the technology incorporated in such
machinery or equipment.
(c) Supersedes Existing Law.--Subsection (a) supersedes the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R.
5426 of the One Hundred Sixth Congress, as enacted into law by section
1(a) of Public Law 106-387, and as contained in the appendix of that
Act) or any other provision of law.
SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED
STATES PORTS.
Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C.
6005(b); prohibiting certain vessels from entering United States ports)
shall not apply with respect to vessels that transport to Cuba any item
the export of which is permitted under section 101 or 404 of this Act.
SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT
PROGRAMS FOR CUBA.
(a) Study.--The Secretary of Agriculture shall conduct a study of
United States agricultural export promotion and credit programs in
effect as of the date of enactment of this Act to determine how such
programs may be carried out to promote the consumption of United States
agricultural commodities in Cuba.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture 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
containing--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for proposed legislation, if any, to
improve the ability of the Secretary of Agriculture to utilize
United States agricultural export promotion and credit programs
with respect to the consumption of United States agricultural
commodities in Cuba.
SEC. 104. REPORT TO CONGRESS.
Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that sets forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, farm machinery and
equipment, medicines, and medical devices, since the date of
enactment of this Act;
(2) a description of the types of the goods so exported;
and
(3) whether there has been any indication that any medicine
or medical device exported to Cuba since the date of enactment
of this Act--
(A) has been used for purposes of torture or other
human rights abuses;
(B) was reexported; or
(C) was used in the production of any bio-
technological product.
SEC. 105. DEFINITIONS.
In this title:
(1) Agricultural commodity.--The term ``agricultural
commodity''--
(A) has the meaning given the term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
and
(B) includes fertilizer.
(2) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 7321).
TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS
TO CUBA
SEC. 201. TRAVEL TO CUBA.
(a) In General.--
(1) Freedom of travel for united states nationals and
lawful permanent resident aliens.--
(A) In general.--Subject to subsection (b), the
President shall not regulate or prohibit, directly or
indirectly--
(i) travel to, from, or within Cuba by
nationals of the United States or aliens
lawfully admitted for permanent residence in
the United States; or
(ii) any of the transactions incident to
such travel that are set forth in paragraph
(2).
(B) Supersedes existing law.--Subparagraph (A)
supersedes any other provision of law.
(2) Transactions incident to travel.--
(A) In general.--Except as provided in subparagraph
(B), the transactions referred to in paragraph (1)
are--
(i) any transaction ordinarily incident to
travel to or from Cuba, including the
importation into Cuba or the United States of
accompanied baggage for personal use only;
(ii) any transaction ordinarily incident to
travel or maintenance within Cuba, including
the payment of living expenses and the
acquisition of goods or services for personal
use;
(iii) any transaction ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within Cuba;
(iv) any transaction incident to
nonscheduled air, sea, or land voyages, except
that this clause does not authorize the
carriage of articles into Cuba or the United
States except accompanied baggage; and
(v) any normal banking transaction incident
to any activity described in any of the
preceding clauses, including the issuance,
clearing, processing, or payment of checks,
drafts, travelers checks, credit or debit card
instruments, or similar instruments.
(B) Exclusion of certain goods for personal
consumption.--The transactions described in
subparagraph (A) do not include the importation into
the United States of goods for personal consumption
acquired in Cuba in excess of the amount established by
the Secretary of the Treasury pursuant to section 321
of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise
authorized by law.
(b) Exceptions.--The prohibition contained in subsection (a)(1)
does not apply in a case in which--
(1) the United States is at war with Cuba;
(2) armed hostilities between the two countries are in
progress or imminent; or
(3) there is a credible threat to the public health or the
physical safety of nationals of the United States who are
traveling to, from, or within Cuba.
(c) Applicability.--This section applies to actions taken by the
President before the date of enactment of this Act that are in effect
on such date, and to actions taken on or after such date.
(d) Repeals.--There are repealed the following provisions of law:
(1) Section 102(h) of Public Law 104-114 (22 U.S.C.
6032(h)).
(2) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the One
Hundred Sixth Congress, as enacted into law by section 1(a) of
Public Law 106-387, and as contained in the appendix of that
Act).
(e) Definitions.--In this section:
(1) Lawfully admitted for permanent residence.--The term
``lawfully admitted for permanent residence'' has the meaning
given the term in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
(2) National of the united states.--The term ``national of
the United States'' has the meaning given the term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS
SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.
(a) Authority.--
(1) In general.--The President is authorized to provide
scholarships under section 102 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of
Cuba who seek to undertake graduate study in public health,
public policy, economics, law, or other field of social
science.
(2) Superseding existing law.--The authority of paragraph
(1) shall be exercised without regard to any other provision of
law.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through
2006, the following amounts are authorized to be available to carry out
subsection (a):
(1) For fiscal year 2002, $1,400,000 for not to exceed 20
scholarships.
(2) For fiscal year 2003, $1,750,000 for not to exceed 25
scholarships.
(3) For fiscal year 2004, $2,450,000 for not to exceed 35
scholarships.
(4) For fiscal year 2005, $2,450,000 for not to exceed 35
scholarships.
(5) For fiscal year 2006, $2,450,000 for not to exceed 35
scholarships.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.
(a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021
et seq.) if the President determines that to do so will promote the
peaceful transition to democracy in Cuba.
(b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021
et seq.; relating to the inadmissibility of certain aliens) if the
President determines that to do so will further the national economic
interest of the United States.
SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 403. IMPORTATION OF CERTAIN MEDICINES.
(a) Definitions.--In this section:
(1) Covered medical article.--The term ``covered medical
article'' means a medicine or medical device that--
(A) is of Cuban origin;
(B) is or has been located in or transported from
or through Cuba; or
(C) is made or derived in whole or in part of any
article which is the growth, produce, or manufacture of
Cuba.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) In General.--Notwithstanding any other provision of law
(including section 515.204 of title 31, Code of Federal Regulations, or
any other related or successor regulation), a covered medical article
may be imported into the United States to the extent otherwise
authorized by law, including any authorization under the Federal Food,
Drug, and Cosmetic Act, if the Secretary makes a determination, in
accordance with subsection (c), that there is a medical need in the
United States for the covered medical article that is not being met by
any medicine or medical device in commercial distribution in the United
States.
(c) Determinations of Medical Need.--With respect to a
determination of medical need under subsection (b) regarding a covered
medical article:
(1) The Secretary may upon request make the determination
prior to the submission of an application or other document (as
applicable) regarding commercial distribution of such article
pursuant to the Federal Food, Drug, and Cosmetic Act.
(2) The determination of the Secretary shall not be
affected by the subsequent commercial distribution in the
United States of another medicine or medical device (as the
case may be) that meets the same medical need as such article.
(3) The Secretary shall by regulation establish criteria
regarding the determination, including criteria for a request
under paragraph (1).
SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES
INTENDED FOR EXCLUSIVE USE OF CHILDREN.
Funds made available under any provision of law may not be used to
administer or enforce any sanction by the United States on exports of
goods or services intended for the exclusive use of children (other
than a sanction imposed pursuant to an agreement with one or more other
countries). | Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffic in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Authorizes the import into the United States of a Cuban originated medical article if the Secretary of Health and Human Services makes a determination that there is a medical need in the United States for such article that is not being met by any medicine or medical device in commercial distribution in the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba. | {"src": "billsum_train", "title": "To provide the people of Cuba with access to food and medicines from the United States, to ease restrictions on travel to Cuba, to provide scholarships for certain Cuban nationals, and for other purposes."} | 3,195 | 388 | 0.597135 | 1.935168 | 0.789078 | 3.964744 | 8.878205 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) aircraft landing strips--
(A) serve an essential safety role as emergency
landing areas;
(B) provide access to people who would otherwise be
physically unable to enjoy national parks, national
forests, wilderness areas, and other Federal land;
(C) support State economies by providing efficient
access for visitors seeking recreational activities;
and
(D) serve an essential role in search and rescue,
forest and ecological management, research, wildlife
management, aerial mapping, firefighting, and disaster
relief; and
(2) the Secretary of the Interior and the Secretary of
Agriculture should--
(A) adopt a nationwide policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Secretaries; and
(B) require regional managers to comply with the
policy adopted under subparagraph (A).
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Aircraft landing strip.--The term ``aircraft landing
strip'' means an established aircraft landing strip located on
Federal land under the administrative jurisdiction of the
Secretary that is commonly known, and has been or is
consistently used, for aircraft landing and departure
activities.
(3) Permanently close.--The term ``permanently close''
means any closure, the duration of which is more than 90 days
in any calendar year.
(4) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior; and
(B) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture.
SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN
AIRCRAFT LANDING STRIPS.
(a) In General.--The Secretary shall not take any action that would
permanently close, restrict, or render or declare as unserviceable any
aircraft landing strip unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located approves the
action;
(2) the Secretary publishes in the Federal Register notice
of the proposed action, including notice that the action would
permanently close, restrict, or render or declare as
unserviceable the aircraft landing strip;
(3) the Secretary provides for a 90-day public comment
period beginning on the date of publication of the notice under
paragraph (2); and
(4) the Secretary and the head of the aviation department
of each State in which the affected aircraft landing strip is
located have taken into consideration any comments received
during the comment period under paragraph (3).
(b) Policies.--
(1) Backcountry aviation policies.--Not later than 2 years
after the date of enactment of this Act, the Secretaries
shall--
(A) adopt a nationwide policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Secretaries; and
(B) require regional managers to adhere to the
policy adopted under subparagraph (A).
(2) Requirements.--Any policy affecting air access to an
aircraft landing strip, including the policy adopted under
paragraph (1), shall not take effect unless the policy--
(A) states that the Administrator has the sole
authority to control aviation and airspace over the
United States; and
(B) seeks and considers comments from State
governments and the public.
(c) Maintenance of Airstrips.--
(1) In general.--To ensure that aircraft landing strips are
maintained in a manner that is consistent with the resource
values of any adjacent area, the Secretary shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip is located;
and
(B) any other interested parties.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with interested parties for the
maintenance of aircraft landing strips.
(d) Exchanges or Acquisitions.--There shall not be as a condition
of any Federal acquisition of, or exchange involving, private property
on which a landing strip is located--
(1) the closure or purposeful neglect of the landing strip;
or
(2) any other action that would restrict use or render any
landing strip unserviceable.
(e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to
any action, policy, exchange, or acquisition, respectively, that is not
final on the date of enactment of this Act.
(f) Effect on Federal Aviation Administration Authority.--Nothing
in this Act affects the authority of the Administrator over aviation or
airspace. | Backcountry Landing Strip Access Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture from taking any action that would permanently close, restrict, render or declare as unserviceable any aircraft landing strip located on federal land under their respective jurisdiction, unless: (1) the head of the aviation department of each state in which the aircraft landing strip is located approves the action; (2) notice of the proposed action has been published in the Federal Register; (3) a public comment period on the action has been provided; and (4) the relevant Secretary and the head of the aviation department of each state in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period.
Directs the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues related to the management of federal land under their jurisdiction; and (2) require regional managers to adhere to it. Declares that a policy affecting air access to an aircraft landing strip located on federal land will not take effect unless certain conditions are met. | {"src": "billsum_train", "title": "To ensure general aviation aircraft access to Federal land and to the airspace over Federal land."} | 1,032 | 217 | 0.719164 | 2.159171 | 0.864262 | 5.082126 | 4.777778 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare, Medicaid, and MCH Smoking
Cessation Promotion Act of 2001''.
SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE
MEDICARE PROGRAM.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554),
is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(W) counseling for cessation of tobacco use (as defined
in section 1861(vv));''.
(b) Counseling Described.--Section 1861 of such Act (42 U.S.C.
1395x), as amended by section 102(b) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106-554), is further amended by
adding at the end the following new subsection:
``Counseling for Cessation of Tobacco Use
``(vv)(1) Except as provided in paragraph (2), the term `counseling
for cessation of tobacco use' may include diagnostic, therapy, and
counseling services for cessation of tobacco use but only for
individuals who have a history of tobacco use and only if the services
are furnished--
``(A) by or under the supervision of a physician; or
``(B) by any other health care professional who (i) is
legally authorized to furnish such services under State law (or
the State regulatory mechanism provided by State law) of the
State in which the services are furnished and (ii) is
authorized to receive payment for other services under this
title or is designated by the Secretary for this purpose.
``(2) Such term does not include counseling services that have not
been shown (or recognized by the Secretary) to be effective.''.
(c) Elimination of Cost-Sharing.--
(1) Elimination of coinsurance.--Section 1833(a)(1) of such
Act (42 U.S.C. 1395l(a)(1)), as amended by sections 105(c) and
201(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by
section 1(a)(6) of Public Law 106-554), is amended--
(A) by striking ``and'' before ``(U)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to counseling
for cessation of tobacco use (as defined in section
1861(vv), the amount paid shall be 100 percent of the
lesser of the actual charge for the services or the
amount determined by a fee schedule established by the
Secretary for purposes of this clause''.
(2) Elimination of deductible.--The first sentence of
section 1833(b)(1) of such Act (42 U.S.C. 1395l(b)(1)) is
amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period the following:
``, and (7) such deductible shall not apply with
respect to counseling for cessation of tobacco use (as
defined in section 1861(vv)''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2002.
SEC. 3. MEDICAID PROGRAM.
(a) Dropping Exception From Medicaid Prescription Drug Coverage for
Smoking Cessation Medications.--Section 1927(d)(2) of the Social
Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
(1) by striking subparagraph (E); and
(2) in subparagraph (F), by inserting before the period at
the end the following: ``except agents approved by the Food and
Drug Administration for purposes of promoting, and when used to
promote, smoking cessation''.
(b) Requiring Coverage of Smoking Cessation Counseling in Services
for Pregnant Women.--Section 1902(a)(10)(C)(ii)(II) of such Act (42
U.S.C. 1396a(a)(10)(C)(ii)(II)) is amended by inserting ``and
counseling for cessation of tobacco use (as defined in section
1861(vv))'' after ``prenatal care and delivery services''.
(c) Removal of Cost-Sharing for Smoking Cessation Counseling
Services for Pregnant Women.--Section 1916 of such Act (42 U.S.C.
1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by
inserting ``counseling for cessation of tobacco use (as defined in
section 1861(vv)) furnished to pregnant women and other'' after
``(B)''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2002.
SEC. 4. MATERNAL AND CHILD HEALTH PROGRAM.
(a) Quality Maternal and Child Health Services Includes Smoking
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c) For purposes of this title, counseling for cessation of
tobacco use (as defined in section 1861(vv)), medications used to
promote smoking cessation, and the inclusion of anti-tobacco messages
in health promotion counseling shall be considered to be part of
quality maternal and child health services.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act. | Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2001 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs. | {"src": "billsum_train", "title": "To amend titles V, XVIII, and XIX of the Social Security Act to promote smoking cessation under the Medicare Program, the Medicaid Program, and the maternal and child health program."} | 1,479 | 85 | 0.569049 | 1.511796 | 0.504638 | 4.46875 | 18.1875 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforming, Accelerating, and
Protecting Interstate Design (RAPID) Act''.
SEC. 2. INNOVATIVE SURFACE TRANSPORTATION FINANCING AND CONTRACTING
METHODS.
(a) Definitions.--Section 101 of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (28) through (37) as
paragraphs (30) through (39), respectively;
(2) by redesignating paragraphs (5) through (27) as
paragraphs (6) through (28), respectively;
(3) by inserting after paragraph (4) the following:
``(5) Donor state.--The term `donor State' means a State
that receives in a fiscal year a percentage of total
apportionments and allocations to all States from the Highway
Account of the Highway Trust Fund that is less than the
percentage attributable to highway users in that State of the
total estimated tax payments into the Account by highway users
in all States in the most recent fiscal year for which data is
available.''.
(4) by inserting after paragraph (28) (as so redesignated)
the following:
``(29) Recipient state.--The term `recipient State' means a
State that receives in a fiscal year a percentage of total
apportionments and allocations to all States from the Highway
Account of the Highway Trust fund that is equal to or greater
than the percentage attributable to highway users in that State
of the total estimated tax payments into the Account by highway
users in all States in the most recent fiscal year for which
data is available.''.
(b) Design-Build Contracting Procedures.--Section 112(b)(3) of
title 23, United States Code, is amended--
(1) in subparagraph (A)--
(A) by inserting after ``subparagraph (C)'' the
following: ``, or a multimodal transportation project
described in subparagraph (E),''; and
(B) by inserting before the period at the end the
following: ``, including the acceptance of unsolicited
proposals if permitted by applicable State and local
law'';
(2) in subparagraph (D) by inserting after ``contractor,''
the following: ``and that may authorize the contractor to
prepare any environmental impact assessments and analyses
required for a project,''; and
(3) by adding at the end the following:
``(E) Multimodal transportation project.--A
multimodal project referred to in subparagraph (A) and
subsection (g) is a project under this chapter that--
``(i) is located within the boundaries of a
donor State;
``(ii) is within a network of
interconnected corridors;
``(iii) is privately financed, in whole or
in part; and
``(iv) contains multiple transportation
modes, including highway and rail and utility
corridors.''.
(c) Environmental Procedures.--Section 112(g) of title 23, United
States Code, is amended--
(1) by inserting ``and construction work'' after ``design
work'';
(2) by striking ``(g) Selection Process.--'' and inserting
the following:
``(g) Environmental Procedures.--
``(1) Selection process.--''; and
(3) by adding at the end the following:
``(2) Special rule for donor states.--A donor State may
authorize a consultant under a contract for a multimodal
transportation project described in subsection (b)(3)(E) to
prepare an environmental impact assessment or analysis,
including an environmental impact statement, relating to a
segment of the project of less than independent utility and
without logical termini. The contract may provide for the
simultaneous--
``(A) design and construction of a segment for
which the environmental assessment or analysis has been
completed; and
``(B) the environmental assessment or analysis of
an adjoining segment of the project.''.
(d) Waiver of Non-Federal Share.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(m) Increased Federal Share in Certain States.--Notwithstanding
any other provision of this title, the Federal share payable on account
of any project or activity being carried out under this title within
the boundaries of a donor State may amount to 100 percent of the cost
of such project or activity.''.
(e) Tolling of Interstate System.--Section 129(a)(1) of title 23,
United States Code, is amended in each of subparagraphs (A) and (D) by
inserting after ``System'' the following: ``within the boundaries of a
recipient State''.
(f) Use of Toll Revenues.--Section 129(a)(3) of title 23, United
States Code, is amended by adding at the end the following: ``This
paragraph does not apply to a donor State.''.
(g) Applicability of Toll Restrictions.--Section 129 of title 23,
United States Code, is further amended by adding at the end the
following:
``(d) Repayment of Federal Share.--
``(1) In general.--Notwithstanding any other provision of
this title, the total amount of funds paid from the Highway
Account of the Highway Trust Fund to a State for construction
of a highway, bridge, or tunnel within the boundaries of that
State may be repaid to the Secretary.
``(2) Deposit of credit.--The Secretary shall deposit
amounts repaid by a State under this subsection into the
Highway Account and credit such amount to the unobligated
balance of Federal-aid highway funds available to the State for
the same class of funds last apportioned or allocated to the
State for construction of the highway, bridge, or tunnel. The
amount so credited shall be in addition to all other funds then
apportioned or allocated to the State during the fiscal year
for which the credit is received and shall be available for
expenditure by the State in accordance with the provisions of
this title.
``(3) Deregulation.--Upon the repayment under this
subsection of all Federal-aid highway funds expended by a State
for construction of a highway, bridge, or tunnel, the highway,
bridge, or tunnel--
``(A) shall be removed by the Secretary from all
Federal-aid highway programs;
``(B) shall not be subject to any other provision
of this title, including any regulation issued to carry
out this title; and
``(C) may be operated and maintained by a public
authority having jurisdiction over the highway, bridge,
or tunnel under applicable State or local law.''.
(h) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue regulations to carry out the amendments made by this
section.
(2) Contents.--The regulations, at a minimum, shall--
(A) identify the criteria to be used by the
Secretary in approving a contract under which the
contractor is responsible for preparing any
environmental impact assessments and analyses required
for a project, as well as the design and construction
of the project;
(B) identify the criteria to be used by the
Secretary in approving a contract that otherwise
includes work preliminary to the final design of a
project that will be carried out under such section
before compliance with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332); and
(C) establish procedures to be followed by a State
transportation department or local transportation
agency in the use of design-build contracting
procedures allowed under applicable State or local law. | Reforming, Accelerating, and Protecting Interstate Design (RAPID) Act - Authorizes a State transportation department or local transportation agency to award a multimodal transportation project that is located within the boundaries of a donor State (a State that receives a percentage of Highway Trust Fund apportionments and allocations that is less than the percentage attributable to tax payments from highway users in that State), that is within a network of interconnected corridors, that is privately financed, and that contains multiple transportation modes (including highway and rail and utility corridors), using any procurement process permitted by applicable State and local law.
Allows a donor State to authorize a consultant under a contract for such a project to prepare an environmental impact assessment relating to a segment of the project of less than independent utility and without logical termini.
Increases the Federal cost share of certain activities carried out within a donor State. Makes a limitation on the use of toll revenues inapplicable to a donor State.
Allows the total amount of funds paid from the Highway Account to a State for construction of a highway, bridge, or tunnel within the boundaries of that State to be repaid to the Secretary of Transportation. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to provide increased flexibility to donor States, and for other purposes."} | 1,719 | 268 | 0.593475 | 1.708691 | 0.839856 | 4.463964 | 7.076577 | 0.941441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teen Pregnancy Prevention,
Responsibility, and Opportunity Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The United States has the highest teen-pregnancy rate
and teen birth rate in the western industrialized world,
costing the United States not less than $7,000,000,000
annually.
(2) About 1 out of 3 of all young women in the United
States becomes pregnant before she reaches the age of 20.
(3) Teen pregnancy has serious consequences for young
women, their children, and communities as a whole. Too-early
childbearing increases the likelihood that a young woman will
drop out of high school and that she and her child will live in
poverty.
(4) Statistically, the sons of teen mothers are more likely
to end up in prison. The daughters of teen mothers are more
likely to end up teen mothers too.
(5) Teens that grow up in disadvantaged economical, social,
and familial circumstances are more likely to engage in risky
behavior and have a child during adolescence.
(6) Teens with strong emotional attachments to their
parents are more likely to become sexually active at a later
age. 7 out of 10 teens say that they are prepared to listen to
things parents thought they were not ready to hear.
(7) 78 percent of white and 70 percent of African American
teenagers report that lack of communication between a teenage
girl and her parents is frequently a reason a teenage girl has
a baby.
(8) One study found that the likelihood of teens having sex
for the first time increased with the number of unsupervised
hours teens have during a week.
(9) After-school programs reduce teen risky behavior by
involving teens in activities that provide alternatives to sex.
Teenage girls who play sports, for instance, are more likely to
delay sex and have fewer partners and less likely to become
pregnant.
(10) After-school programs help prevent teen pregnancy by
advancing good decision-making skills and providing teens
health education and positive role models in a supervised
setting.
(11) 8 in 10 girls and 6 in 10 boys report that they wish
they had waited until they were older to have sex.
SEC. 3. EDUCATION PROGRAM FOR PREVENTING TEEN PREGNANCIES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') may make grants to local
educational agencies, State and local public health agencies, and
nonprofit private entities for the purpose of carrying out projects to
provide education on preventing teen pregnancies.
(b) Preference in Making Grants.--In making grants under subsection
(a), the Secretary shall give preference to applicants that will carry
out the projects under such subsection in communities for which the
rate of teen pregnancy is significantly above the average rate in the
United States of such pregnancies.
(c) Certain Requirements.--A grant may be made under subsection (a)
only if the applicant for the grant meets the following conditions with
respect to the project involved:
(1) The applicant agrees that information provided by the
project on pregnancy prevention will be age-appropriate,
factually and medically accurate and complete, and
scientifically-based.
(2) The applicant agrees that the project will give
priority to preventing teen pregnancies by--
(A) encouraging teens to delay sexual activity;
(B) providing educational services and referrals
for sexually active teens or teens at risk of becoming
sexually active;
(C) educating both young men and women about the
responsibilities and pressures that come along with
parenting;
(D) helping parents communicate with teens about
sexuality; or
(E) teaching young people responsible decision-
making.
(d) Matching Funds.--
(1) In general.--With respect to the costs of the project
to be carried out under subsection (a) by an applicant, a grant
may be made under such subsection only if the applicant agrees
to make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than 25 percent of such costs ($1
for each $3 of Federal funds provided in the grant).
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(e) Maintenance of Effort.--With respect to the activities for
which a grant under subsection (a) is authorized to be expended, such a
grant may be made for a fiscal year only if the applicant involved
agrees to maintain expenditures of non-Federal amounts for such
activities at a level that is not less than the level of such
expenditures maintained by the applicant for the fiscal year preceding
the first fiscal year for which the applicant receives such a grant.
(f) Evaluation of Projects.--The Secretary shall establish criteria
for the evaluation of projects under subsection (a). A grant may be
made under such subsection only if the applicant involved--
(1) agrees to conduct evaluations of the project in
accordance with such criteria;
(2) agrees to submit to the Secretary such reports
describing the results of the evaluations as the Secretary
determines to be appropriate; and
(3) submits to the Secretary, in the application under
subsection (g), a plan for conducting the evaluations.
(g) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information, including the
agreements under subsections (c) through (f) and the plan under
subsection (f)(3), as the Secretary determines to be necessary to carry
out this section.
(h) Report to Congress.--Not later than October 1, 2011, the
Secretary shall submit to Congress a report describing the extent to
which projects under subsection (a) have been successful in reducing
the rate of teen pregnancies in the communities in which the projects
have been carried out.
(i) Definitions.--In this section:
(1) Age-appropriate.--The term ``age-appropriate'', with
respect to information on pregnancy prevention, means topics,
messages, and teaching methods suitable to particular ages or
age groups of children and adolescents, based on developing
cognitive, emotional, and behavioral capacity typical for the
age or age group.
(2) Factually and medically accurate and complete.--The
term ``factually and medically accurate and complete'' means
verified or supported by the weight of research conducted in
compliance with accepted scientific methods and--
(A) published in peer-reviewed journals, where
applicable; or
(B) comprising information that leading
professional organizations and agencies with relevant
expertise in the field recognize as accurate,
objective, and complete.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $20,000,000
for each of the fiscal years 2007 through 2011.
SEC. 4. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL PROGRAMS.
(a) 21St Century Community Learning Centers.--Section 4206 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is
amended--
(1) in paragraph (5), by striking ``$2,250,000,000'' and
inserting ``$2,500,000,000''; and
(2) in paragraph (6), by striking ``$2,500,000,000'' and
inserting ``$2,750,000,000''.
(b) Carol M. White Physical Education Program.--Section 5401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is
amended--
(1) by striking ``There are'' and inserting ``(a) In
General.--There are''; and
(2) by adding at the end the following:
``(b) Physical Education.--In addition to the amounts authorized to
be appropriated by subsection (a), there are authorized to be
appropriated $73,000,000 for each of fiscal years 2007 and 2008 to
carry out subpart 10.''.
(c) Federal TRIO Programs.--Section 402A(f) of the Higher Education
Act of 1965 (20 U.S.C. 1070a-11(f)) is amended by striking
``$700,000,000 for fiscal year 1999, and such sums as may be necessary
for each of the 4 succeeding fiscal years'' and inserting
``$883,000,000 for fiscal year 2007 and such sums as may be necessary
for each of the 5 succeeding fiscal years''.
(d) GEARUP.--Section 404H of the Higher Education Act of 1965 (20
U.S.C. 1070a-28) is amended by striking ``$200,000,000 for fiscal year
1999 and such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``$325,000,000 for fiscal year 2007 and
such sums as may be necessary for each of the 5 succeeding fiscal
years''.
SEC. 5. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO TEEN
PREGNANCY PREVENTION AND AFTER-SCHOOL PROGRAMS.
(a) In General.--The Secretary may make grants to public or
nonprofit private entities for the purpose of assisting the entities in
demonstrating innovative approaches to prevent teen pregnancies.
(b) Certain Approaches.--Approaches under subsection (a) may
include the following:
(1) Encouraging teen-driven approaches to pregnancy
prevention.
(2) Exposing teens to realistic simulations of the
physical, emotional, and financial toll of pregnancy and
parenting.
(3) Facilitating communication between parents and
children, especially programs that have been evaluated and
proven effective.
(c) Matching Funds.--
(1) In general.--With respect to the costs of the project
to be carried out under subsection (a) by an applicant, a grant
may be made under such subsection only if the applicant agrees
to make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than 25 percent of such costs ($1
for each $3 of Federal funds provided in the grant).
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(d) Evaluation of Projects.--The Secretary shall establish criteria
for the evaluation of projects under subsection (a). A grant may be
made under such subsection only if the applicant involved--
(1) agrees to conduct evaluations of the project in
accordance with such criteria;
(2) agrees to submit to the Secretary such reports
describing the results of the evaluations as the Secretary
determines to be appropriate; and
(3) submits to the Secretary, in the application under
subsection (e), a plan for conducting the evaluations.
(e) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information, including the
agreements under subsections (c) and (d) and the plan under subsection
(d)(3), as the Secretary determines to be necessary to carry out this
section.
(f) Report to Congress.--Not later than October 1, 2011, the
Secretary shall submit to Congress a report describing the extent to
which projects under subsection (a) have been successful in reducing
the rate of teen pregnancies in the communities in which the projects
have been carried out. Such reports shall describe the various
approaches used under subsection (a) and the effectiveness of each of
the approaches.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 2007 through 2011. | Teen Pregnancy Prevention, Responsibility, and Opportunity Act of 2006 - Authorizes the Secretary of Health and Human Services to make grants to local educational agencies, state and local public health agencies, and nonprofit private entities for projects to provide education on preventing teen pregnancies. Gives priority to communities with significantly above averages rates of teen pregnancy. Requires the Secretary to establish criteria to evaluate such projects.
Amends the Elementary and Secondary Education Act of 1965 to increase authorized appropriations for community learning centers. Authorizes appropriations for physical education programs.
Amends the Higher Education Act of 1965 to reauthorize appropriations for TRIO and GEARUP programs.
Authorizes the Secretary to make matching grants to public or nonprofit private entities for demonstrating innovative approaches to prevent teen pregnancies. | {"src": "billsum_train", "title": "To authorize grants to carry out projects to provide education on preventing teen pregnancies, and for other purposes."} | 2,796 | 178 | 0.492271 | 1.372106 | 0.713981 | 3.971223 | 18.402878 | 0.877698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Foreclosure Mediation
Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Alternative to foreclosure.--The term ``alternative to
foreclosure''--
(A) means a course of action with respect to a
mortgage offered by a servicer to a borrower as an
alternative to a covered foreclosure action; and
(B) includes a short sale and a deed in lieu of
foreclosure.
(2) Borrower.--The term ``borrower'' means a mortgagor
under a mortgage who is in default or at risk of imminent
default, as determined by the Secretary through regulations.
(3) Foreclosure action.--The term ``foreclosure action''
means a judicial or nonjudicial foreclosure.
(4) Loan modification program.--The term ``loan
modification program'' means a program or procedure designed to
change the terms of a mortgage in the case of the default,
delinquency, or imminent default or delinquency of a mortgagor,
including a loan modification program established by a servicer
that reduces the principal owed by the mortgagor on the
mortgage.
(5) Mortgage.--The term ``mortgage'' means a federally
related mortgage loan, as defined in section 3(1) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)),
that is secured by a first or subordinate lien on residential
real property.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(7) Servicer.--The term ``servicer''--
(A) has the same meaning as in section 6(i) of the
Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(B) includes a person responsible for servicing a
pool of mortgages.
SEC. 3. MEDIATION REQUIRED BEFORE FORECLOSURE.
(a) Initiation of Foreclosure Actions.--A servicer may not initiate
a foreclosure action against a borrower unless the servicer has--
(1) made a reasonable effort to initiate mediation
proceedings in accordance with the process established in
regulations prescribed pursuant to subsection (c) to determine
whether the borrower is eligible for a loan modification or an
alternative to foreclosure; and
(2) offered the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible for the
loan modification or alternative to foreclosure.
(b) Suspension of Foreclosure Actions.--
(1) In general.--A servicer shall suspend a foreclosure
action that was initiated before the date of enactment of this
Act until the servicer--
(A) completes a mediation proceeding in accordance
with the process established in regulations prescribed
pursuant to subsection (c) to determine whether the
borrower is eligible for a loan modification or an
alternative to foreclosure; and
(B) offers the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible
for a loan modification or an alternative to
foreclosure.
(2) Suspension.--During the period of the suspension under
paragraph (1), a servicer may not--
(A) send a notice of foreclosure to a borrower;
(B) conduct or schedule a sale of the real property
securing the mortgage of the borrower; or
(C) cause final judgment to be entered against the
borrower.
(3) Reasonable efforts.--A servicer is not required to
suspend a foreclosure action under paragraph (1) if the
servicer--
(A) makes a reasonable effort to schedule a
mediation proceeding to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure; and
(B) documents that the borrower has not agreed to a
mediation proceeding to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure.
(4) Rule of construction.--Nothing in this section may be
construed to require a servicer to delay an unavoidable
foreclosure, such as foreclosure that results from a borrower
abandoning the residential real property securing a mortgage.
(c) Establishment of Mediation Process.--The Secretary shall
establish through regulations a mediation process to determine whether
the borrower is eligible for a loan modification or an alternative to
foreclosure under this section.
SEC. 4. BAR TO FORECLOSURE ACTIONS.
(a) In General.--Subject to subsection (b), a violation of this Act
shall be a bar to a foreclosure action.
(b) Effect of Subsequent Compliance.--If a servicer is in
compliance with this Act, the servicer may bring or proceed with a
foreclosure action, without regard to a prior violation of this Act by
the servicer.
SEC. 5. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue regulations to carry out this Act.
SEC. 6. REPORT.
Each servicer that initiates mediation proceedings under section 3
shall submit to the Secretary a quarterly report at such time, in such
manner, and containing such information, with respect to such
proceedings, as the Secretary may require. | Mandatory Foreclosure Mediation Act - Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has: (1) made a reasonable effort to initiate mediation proceedings to determine if the borrower is eligible for a loan modification or an alternative to foreclosure; and (2) offered the borrower, if eligible, such a modification or alternative.
Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until the servicer: (1) completes such a mediation proceeding; and (2) offers the borrower, if eligible, a modification or alternative.
Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower.
Directs the Secretary of Housing and Urban Development (HUD) to establish such a mediation process.
Declares that a servicer is not required to suspend a foreclosure action if the servicer makes a reasonable effort to schedule a mediation proceeding and documents that the borrower has not agreed to one.
Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation. | {"src": "billsum_train", "title": "To establish a mandatory mediation process for servicers of residential mortgages and borrowers."} | 1,206 | 313 | 0.67205 | 2.059771 | 0.783011 | 3.826255 | 3.907336 | 0.930502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Wind Energy Research,
Development, Demonstration, and Commercial Application Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) National offshore wind center.--The term ``national
offshore wind center'' means a national offshore wind energy
research, development, and demonstration center established
under section 4(a).
(3) Program.--The term ``program'' means a program--
(A) that includes activities to support the
research, demonstration, and development of commercial
applications for offshore wind energy; and
(B) to be carried out by the Secretary under
section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. OFFSHORE WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--As soon as practicable after the date of enactment
of this Act, in accordance with subsection (b), the Secretary shall
carry out the program--
(1) to improve the energy efficiency, reliability, and
capacity of offshore wind turbines; and
(2) to reduce the cost of manufacturing, construction,
deployment, generation, and maintenance of offshore wind energy
systems.
(b) Program Requirements.--The Secretary shall carry out the
program to support--
(1) the design, demonstration, and deployment of advanced
wind turbine foundations and support structures, blades,
turbine systems, components, and supporting land- and water-
based infrastructure for application in--
(A) shallow water;
(B) transitional depths; and
(C) deep offshore water;
(2) the full-scale testing and establishment of regional
demonstrations of offshore wind components and systems to
validate technology and performance issues relating to the
components;
(3) for inclusion in a publically accessible database,
assessments of the offshore wind resources of the United
States, including--
(A) environmental impacts and benefits;
(B) siting and permitting issues;
(C) exclusion zones; and
(D) transmission needs;
(4) the design, demonstration, and deployment of integrated
sensors, actuators, and advanced materials (including composite
materials);
(5) advanced blade manufacturing activity (including
automation, materials, and the assembly of large-scale
components) to stimulate the development of the blade
manufacturing capacity of the United States;
(6) methods to assess and mitigate the effects of wind
energy systems on marine ecosystems and marine industries; and
(7) other research areas, as determined to be appropriate
by the Secretary.
SEC. 4. NATIONAL OFFSHORE WIND ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION CENTERS.
(a) Duty of Secretary.--As soon as practicable after the date of
enactment of this Act, the Secretary shall award, on a competitive
basis and with an emphasis on technical merit, grants to institutions
of higher education to establish 1 or more national offshore wind
centers.
(b) Selection Criteria.--In selecting institutions of higher
education under subsection (a), the Secretary shall give preference to
institutions of higher education that--
(1) agree to cover transitional depth technologies to
complement the activities of a national offshore wind center;
(2) agree to host an offshore wind energy research and
development program funded by the Department of Energy in
coordination with an engineering program of the institution of
higher education;
(3) employ individuals who have proven expertise relating
to the development of novel materials for commercial
applications; and
(4) have access to, and use the resources of--
(A) the Atlantic Ocean;
(B) the Gulf of Mexico; or
(C) the Pacific Ocean.
(c) Requirements.--A national offshore wind center established with
funds provided by the Secretary through a grant under subsection (a)
shall be designed--
(1) to focus on deepwater floating offshore wind energy
technologies; and
(2) to facilitate the conduct of initiatives to advance 1
or more activities described in section 3(b).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $50,000,000 for each of fiscal years 2011 through 2021. | Offshore Wind Energy Research, Development, Demonstration, and Commercial Application Act of 2009 - Requires the Secretary of Energy to implement a program to: (1) improve the energy efficiency, reliability, and capacity of offshore wind turbines; and (2) reduce the cost of manufacturing, construction, deployment, generation, and maintenance of offshore wind energy systems.
Requires the Secretary to implement the program to support: (1) the design, demonstration, and deployment of advanced wind turbine foundations and support structures, blades, turbine systems, components, and supporting land- and water-based infrastructure for application in shallow water, transitional depths, and deep offshore water; (2) the full-scale testing and establishment of regional demonstrations of offshore wind components and systems to validate technology and performance issues relating to the components; (3) assessments of the offshore wind resources for inclusion in a publicly accessible database; (4) the design, demonstration, and deployment of integrated sensors, actuators, and advanced materials; (5) advanced blade manufacturing activity to stimulate the development of the blade manufacturing capacity of the United States; and (6) methods to assess and mitigate the effects of wind energy systems on marine ecosystems and marine industries.
Requires the Secretary to award competitive grants to institutions of higher education to establish national offshore wind centers. Requires such a center to be designed to: (1) focus on deepwater floating offshore wind energy technologies; and (2) facilitate the conduct of initiatives to advance program activities. | {"src": "billsum_train", "title": "A bill to require the Secretary of Energy to carry out a program to support the research, demonstration, and development of commercial applications for offshore wind energy, and for other purposes."} | 957 | 306 | 0.772066 | 2.281755 | 1.007272 | 6.469178 | 3.109589 | 0.969178 |
SECTION 1. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 2. BENEFITS FOR THE CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH
SPINA BIFIDA.
(a) Short Title.--This section may be cited as the ``Agent Orange
Benefits Act of 1996''.
(b) Establishment of New Chapter 18.--Part II is amended by
inserting after chapter 17 the following new chapter:
``CHAPTER 18--BENEFITS FOR THE CHILDREN OF VIETNAM VETERANS WHO ARE
BORN WITH SPINA BIFIDA
``Sec.
``1801. Purpose.
``1802. Definitions.
``1803. Health care.
``1804. Vocational training.
``1805. Monetary allowance.
``Sec. 1801. Purpose
``The purpose of this chapter is to provide for the special needs
of certain children of Vietnam veterans who were born with the birth
defect spina bifida, possibly as the result of the exposure of one or
both parents to herbicides during active service in the Republic of
Vietnam during the Vietnam era, through the provision of health care,
vocational training, and monetary benefits.
``Sec. 1802. Definitions
``For the purposes of this chapter:
``(1) The term `child' means a natural child of a Vietnam
veteran, regardless of age or marital status, who was conceived
after the date on which the veteran first entered the Republic
of Vietnam during the Vietnam era.
``(2) The term `Vietnam veteran' means a veteran who,
during active military, naval, or air service, served in the
Republic of Vietnam during the Vietnam era.
``(3) the term `spina bifida' means all forms of spina
bifida other than spina bifida occulta.
``Sec. 1803. Health care
``(a) In accordance with regulations the Secretary shall prescribe,
the Secretary shall provide such health care under this chapter as the
Secretary determines is needed to a child of a Vietnam veteran who is
suffering from spina bifida, for any disability associated with such
condition.
``(b) The Secretary may provide health care under this section
directly or by contract or other arrangement with a health care
provider.
``(c) For the purposes of this section:
``(1) The term `health care' means home care, hospital
care, nursing home care, outpatient care, preventive care,
habilitative and rehabilitative care, case management, and
respite care, and includes the training of appropriate members
of a child's family or household in the care of the child and
provision of such pharmaceuticals, supplies, equipment,
devices, appliances, assistive technology, direct
transportation costs to and from approved sources of health
care authorized under this section, and other materials as the
Secretary determines to be necessary.
``(2) The term `health care provider' includes, but is not
limited to, specialized spina bifida clinics, healthcare plans,
insurers, organizations, institutions, or any other entity or
individual who furnishes health care services that the
Secretary determines are covered under this section.
``(3) The term `home care' means outpatient care,
habilitative and rehabilitative care, preventive health
services, and health-related services furnished to an
individual in the individual's home or other place of
residence.
``(4) The term `hospital care' means care and treatment for
a disability furnished to an individual who has been admitted
to a hospital as a patient.
``(5) The term `nursing home care' means care and treatment
for a disability furnished to an individual who has been
admitted to a nursing home as a resident.
``(6) The term `outpatient care' means care and treatment
of a disability, and preventive health services, furnished to
an individual other than hospital care or nursing home care.
``(7) The term `preventive care' means care and treatment
furnished to prevent disability or illness, including periodic
examinations, immunizations, patient health education, and such
other services as the Secretary determines are necessary to
provide effective and economical preventive health care.
``(8) The term `habilitative and rehabilitative care' means
such professional, counseling, and guidance services and
treatment programs (other than vocational training under
section 1804 of this title) as are necessary to develop,
maintain, or restore, to the maximum extent, the functioning of
a disabled person.
``(9) The term `respite care' means care furnished on an
intermittent basis in a Department facility for a limited
period to an individual who resides primarily in a private
residence when such care will help the individual to continue
residing in such private residence.
``Sec. 1804. Vocational training
``(a) Pursuant to such regulations as the Secretary may prescribe,
the Secretary may provide vocational training under this section to a
child of a Vietnam veteran who is suffering from spina bifida if the
Secretary determines that the achievement of a vocational goal by such
child is reasonably feasible.
``(b)(1) If a child elects to pursue a program of vocational
training under this section, the program shall be designed in
consultation with the child in order to meet the child's individual
needs and shall be set forth in an individualized written plan of
vocational rehabilitation.
``(2)(A) Subject to subparagraph (B) of this paragraph, a
vocational training program under this subsection shall consist of such
vocationally oriented services and assistance, including such placement
and post-placement services and personal and work adjustment training,
as the Secretary determines are necessary to enable the child to
prepare for and participate in vocational training or employment.
``(B) A vocational training program under this subsection--
``(i) may not exceed 24 months unless, based on a
determination by the Secretary that an extension is necessary
in order for the child to achieve a vocational goal identified
(before the end of the first 24 months of such program) in the
written plan formulated for the child, the Secretary grants an
extension for a period not to exceed 24 months;
``(ii) may not include the provision of any loan or
subsistence allowance or any automobile adaptive equipment; and
``(iii) may include a program of education at an
institution of higher learning only in a case in which the
Secretary determines that the program involved is predominantly
vocational in content.
``(c)(1) A child who is pursuing a program of vocational training
under this section who is also eligible for assistance under a program
under chapter 35 of this title may not receive assistance under both of
such programs concurrently but shall elect (in such form and manner as
the Secretary may prescribe) under which program to receive assistance.
``(2) The aggregate period for which a child may receive assistance
under this section and chapter 35 of this title may not exceed 48
months (or the part-time equivalent thereof).
``Sec. 1805. Monetary allowance
``(a) The Secretary shall pay a monthly allowance under this
chapter to any child of a Vietnam veteran for disability resulting from
spina bifida suffered by such child.
``(b) The amount of the allowance paid under this section shall be
based on the degree of disability suffered by a child as determined in
accordance with such schedule for rating disabilities resulting from
spina bifida as the Secretary may prescribe. The Secretary shall, in
prescribing the rating schedule for the purposes of this section,
establish three levels of disability upon which the amount of the
allowance provided by this section shall be based. The allowance shall
be ($200) per month for the lowest level of disability prescribed,
($700) per month for the intermediate level of disability prescribed,
and ($1,200) per month for the highest level of disability prescribed.
``(c)(1) Whenever there is an increase in benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a
result of a determination under section 215(i) of such Act (42 U.S.C.
415(i)), the Secretary shall, effective on the date of such increase in
benefit amounts, increase each rate of allowance under this section, as
such rates were in effect immediately prior to the date of such
increase in benefits payable under title II of the Social Security Act,
by the same percentage as the percentage by which such benefit amounts
are increased.
``(2) Whenever there is an increase in the rates of the allowance
payable under this section, the Secretary shall publish such rates in
the Federal Register.
``(3) Whenever such rates are so increased, the Secretary may round
such rates in such manner as the Secretary considers equitable and
appropriate for ease of administration.
``(d) Notwithstanding any other provision of law, receipt by a
child of an allowance under this section shall not impair, infringe, or
otherwise affect the right of such child to receive any other benefit
to which the child may otherwise be entitled under any law administered
by the Secretary, nor shall such receipt impair, infringe, or otherwise
affect the right of any individual to receive any benefit to which he
or she is entitled under any law administered by the Secretary that is
based on the child's relationship to such individual.
``(e) Notwithstanding any other provision of law, the allowance
paid to a child under this section shall not be considered income or
resources in determining eligibility for or the amount of benefits
under any Federal or federally assisted program.''.
(b) Effective Date.--The amendments made by this section shall
become effective on October 1, 1996.
(c) Clerical Amendment.--The tables of chapters before part I and
at the beginning of part II are each amended by inserting after the
item referring to chapter 17 the following new item:
``18. Benefits for children of Vietnam veterans who are born 1801''.
with spina bifida.
SEC. 3. CLARIFICATION OF ENTITLEMENT FOR BENEFITS FOR DISABILITY
RESULTING FROM TREATMENT OF VOCATIONAL SERVICES PROVIDED
BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Section 1151 is amended--
(1) by striking out the first sentence and inserting in
lieu thereof the following:
``(a) Compensation under this chapter and dependency and indemnity
compensation under chapter 13 of this title shall be awarded for
qualifying additional disability to or death of a veteran in the same
manner as if such additional disability or death were service-
connected. For purposes of this section, additional disability or death
is qualifying only if it was not the result of the veteran's willful
misconduct and--
``(1) it was caused by hospital care, medical or surgical
treatment, or examination furnished the veteran under any law
administered by the Secretary, either by a Department employee
or in a Department facility as defined in section 1701(3)(A) of
this title, where the additional disability or death
proximately resulted--
``(A) from carelessness, negligence, lack of proper
skill, error in judgment, or similar instance of fault
on the part of the Department in furnishing the
hospital care, medical or surgical treatment, or
``(B) from an event not reasonably foreseeable; or
``(2) it was incurred as a proximate result of the
provision of training and rehabilitation services by the
Secretary (including by a service-provider used by the
Secretary for such purpose under section 3115 of this title) as
part of an approved rehabilitation program under chapter 31 of
this title.''; and
(2) in the second sentence--
(A) by redesignating that sentence as subsection
(b);
(B) by striking out ``, aggravation,'' both places
it appears; and
(C) by striking out ``sentence'' and substituting
in lieu thereof ``subsection''.
(b) The amendments made by subsection (a) shall govern all
administrative and judicial determinations of eligibility for benefits
under section 1151 of title 38, United States Code, made with respect
to claims filed on or after the date of enactment of this Act,
including those based on original applications and applications seeking
to reopen, revise, reconsider, or otherwise readjudicate on any basis
claims for benefits under section 1151 of that title or predecessor
provisions of law. | Agent Orange Benefits Act of 1996 - Directs the Secretary of Veterans Affairs to provide needed health care to a child of a Vietnam veteran who is suffering from spina bifida, for any associated disability. Authorizes the Secretary to provide such health care directly or by contract or other arrangement with a health care provider. Includes within such care home, hospital, nursing home, outpatient, preventive, and rehabilitative care, case management, respite care, the training of family members in the provision of necessary home care, and necessary pharmaceuticals, supplies, and equipment.
Authorizes the Secretary to provide vocational training to such a child if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. Limits such training to 24 months, unless the Secretary determines that an extension is necessary (up to 24 months). Requires a child eligible for more than one assistance program through the Department of Veterans Affairs to elect one program for participation.
Directs the Secretary to pay a monetary allowance to any such child for any disability resulting from spina bifida based on the degree of disability. Requires an increase in such disability benefit whenever there is an increase in benefits payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
Provides veterans' disability compensation and dependency and indemnity compensation for the additional disability or death of a veteran which was: (1) not the result of the veteran's own willful misconduct; (2) incurred by care, treatment, or examination furnished to the veteran through the Department; and (3) incurred as a proximate result of such care, treatment, or examination. | {"src": "billsum_train", "title": "Agent Orange Benefits Act of 1996"} | 2,819 | 371 | 0.587895 | 1.759414 | 0.614284 | 3.498442 | 8.161994 | 0.931464 |
SECTION 1. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION
PAYABLE TO SURVIVING SPOUSES.
(a) Increase.--Section 1311 of title 38, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``of $1,091'' and
inserting ``equal to 55 percent of the rate of monthly
compensation in effect under section 1114(j) of this title'';
and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of law (other than
section 5304(b)(3) of this title), in the case of an individual who is
eligible for dependency and indemnity compensation under this section
who is also eligible for benefits under another provision of law by
reason of such individual's status as the surviving spouse of a
veteran, then, neither a reduction nor an offset in benefits under such
provision shall be made by reason of such individual's eligibility for
benefits under this section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to compensation paid under chapter 13 of title 38,
United States Code, for months beginning after the date that is 180
days after the date of the enactment of this Act.
SEC. 2. PHASE-IN OF PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION
WITH RESPECT TO VETERANS WHO DIE OF NON-SERVICE CONNECTED
DISABILITY AFTER ENTITLEMENT TO COMPENSATION FOR SERVICE-
CONNECTED DISABILITY RATED AS TOTALLY DISABLING FOR AT
LEAST FIVE YEARS.
Section 1318 of title 38, United States Code, is amended--
(1) in subsection (b)(1), by striking ``10 years'' and
inserting ``five years'';
(2) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) In the case of a deceased veteran described in subsection
(b)(1), benefits under this chapter shall be payable under subsection
(a) in amounts as follows:
``(1) If the disability of the veteran described in
subsection (b)(1) was continuously rated totally disabling for
a period of at least five years, but less than six years,
immediately preceding death, at the rate of 50 percent of the
benefits otherwise so payable.
``(2) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
six years, but less than seven years, immediately preceding
death, at the rate of 60 percent of the benefits otherwise so
payable.
``(3) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
seven years, but less than eight years, immediately preceding
death, at the rate of 70 percent of the benefits otherwise so
payable.
``(4) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
eight years, but less than nine years, immediately preceding
death, at the rate of 80 percent of the benefits otherwise so
payable.
``(5) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
nine years, but less than 10 years, immediately preceding
death, at the rate of 90 percent of the benefits otherwise so
payable.
``(6) If the disability of the veteran so described was
continuously rated totally disabling for a period of at least
10 years immediately preceding death, at the rate otherwise so
payable.''.
SEC. 3. REDUCTION FROM AGE 57 TO AGE 55 OF AGE AFTER WHICH REMARRIAGE
OF SURVIVING SPOUSE SHALL NOT TERMINATE DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Reduction in Age.--Section 103(d)(2)(B) of title 38, United
States Code, is amended--
(1) in the first sentence, by striking ``age 57'' and
inserting ``age 55''; and
(2) by striking the second sentence.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; and
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
(c) Retroactive Benefits Prohibited.--No benefit may be paid to any
person by reason of the amendment made by subsection (a) for any period
before the effective date specified in subsection (b).
(d) Application for Benefits.--In the case of an individual who but
for having remarried would be eligible for benefits under title 38,
United States Code, by reason of the amendment made by subsection (a)
and whose remarriage was before the date of the enactment of this Act
and after the individual had attained age 55, the individual shall be
eligible for such benefits by reason of such amendment only if the
individual submits an application for such benefits to the Secretary of
Veterans Affairs not later than the end of the one-year period
beginning on the date of the enactment of this Act. | Increases the monthly rates of veterans' dependency and indemnity compensation (DIC) payable to surviving spouses through the Department of Veterans Affairs (VA).
Provides a phase-in of DIC payments in the case of veterans who die of a non-service-connected disability after being eligible for at least five years for VA compensation for a service-connected disability rated as total.
Reduces from 57 to 55 the age after which the remarriage of a surviving spouse shall not terminate DIC payments. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide for an increase in the amount of monthly dependency and indemnity compensation payable to surviving spouses by the Secretary of Veterans Affairs, and for other purposes."} | 1,211 | 113 | 0.526645 | 1.423986 | 1.003907 | 2.221053 | 11.4 | 0.831579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Baseball Hall of Fame
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On June 12, 1939, the National Baseball Hall of Fame
and Museum opened in Cooperstown, New York. Ty Cobb, Walter
Johnson, Christy Mathewson, Babe Ruth, and Honus Wagner
comprised the inaugural class of inductees. This class set the
standard for all future inductees. Since 1939, just one percent
of all Major League Baseball players have earned induction into
the National Baseball Hall of Fame.
(2) The National Baseball Hall of Fame and Museum is
dedicated to preserving history, honoring excellence, and
connecting generations through the rich history of our national
pastime. Baseball has mirrored our nation's history since the
Civil War, and is now an integral part of our nation's
heritage.
(3) The National Baseball Hall of Fame and Museum
chronicles the history of our national pastime and houses the
world's largest collection of baseball artifacts, including
more than 38,000 3 dimensional artifacts, 3,000,000 documents,
500,000 photographs, and 12,000 hours of recorded media. This
collection ensures that baseball history and its unique
connection to American history will be preserved and recounted
for future generations.
(4) Since its opening in 1939, more than 14,000,000
baseball fans have visited the National Baseball Hall of Fame
and Museum to learn about the history of our national pastime
and the game's connection to the American experience.
(5) The National Baseball Hall of Fame and Museum is an
educational institution, reaching 10,000,000 Americans
annually. Utilizing video conference technology, students and
teachers participate in interactive lessons led by educators
from the National Baseball Hall of Fame Museum. These award-
winning educational programs draw upon the wonders of baseball
to reach students in classrooms nationwide. Each educational
program uses baseball as a lens for teaching young Americans
important lessons on an array of topics, including mathematics,
geography, civil rights, women's history, economics, industrial
technology, arts, and communication.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the National
Baseball Hall of Fame, the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $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.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
(d) Sense of Congress.--It is the sense of Congress that coins
minted under this Act should be produced in a domed fashion similar to
the 2009 International Year of Astronomy coins issued by Monnaie de
Paris, the French Mint, and that if it is impractical to produce all
coins minted under this Act in such fashion, at a minimum the proof
versions of the coins minted in gold and silver should be minted in
such fashion.
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 game of baseball and of its
place in American sports and the American way of life.
(2) Designations 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 ``2015''; 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
National Baseball Hall of Fame and the Commission of Fine Arts
and in accordance with subparagraph (c); and
(2) reviewed by the Citizens Coinage Advisory Committee.
(c) Obverse Design Competition.--The Secretary shall hold a
competition and provide compensation for its winner to design the
obverse of the coins minted under this Act. The competition shall be
held in the following manner:
(1) The competition shall be judged by an expert jury
chaired by the Secretary and consisting of 3 members from the
Citizens Coinage Advisory Committee who shall be elected by
such Committee and 3 members from the Commission of Fine Arts
who shall be elected by such Commission.
(2) The Secretary shall determine compensation for the
winning design, which shall be not less than $5,000.
(3) The Secretary may not accept a design for the
competition unless a plaster model accompanies the design.
(d) Reverse Design.--The design on the reverse of the coins minted
under this Act shall depict a baseball similar to those used by Major
League Baseball.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--Any facility of the United States Mint may be
used to strike uncirculated and half-dollar coins, but only the United
States Mint facility at West Point, New York, may be used to strike
coins in proof quality.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2015.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the National Baseball Hall of Fame to help finance its operations.
(c) Audits.--The National Baseball Hall of Fame shall be subject to
the audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage. | National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015.
Directs the Secretary to hold a competition to design the obverse of the coins. Requires the design on the reverse side to depict a baseball similar to those used by Major League Baseball.
Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations.
Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted prior to the vote on passage. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Baseball Hall of Fame."} | 2,047 | 200 | 0.465094 | 1.378623 | 0.701365 | 4.598837 | 10.872093 | 0.947674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Schools Renewal and
Improvement Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Although the majority of our Nation's elementary and
secondary public schools provide high quality education for our
children, many schools need additional resources to implement
immediate assistance and reform to enable them to provide a
basic and safe education for their students.
(2) The Government Accounting Office recently found that
\1/3\ of all elementary and secondary schools in the United
States, serving 14,000,000 students, need extensive repair and
renovation.
(3) Recent reform of under-achieving schools in a number of
States and school districts demonstrates that parents,
teachers, school administrators, other educators, and local
officials, given adequate resources and expertise, can succeed
in dramatically improving public education and creating high
performance schools.
(4) Such reform efforts show that parental and community
involvement in those reforms is indispensable to the objective
of high quality, safe, and accountable schools.
(5) Despite the successes of such reforms, public schools
are facing tremendous challenges in educating children for the
21st century. The elementary and secondary school population
will grow by 10 percent by the year 2005, and over the next 10
years, schools will need more than 2,000,000 additional
teachers to meet the demands of such expected enrollments.
(6) Almost 7 of 10 Americans support increased Federal
assistance to our Nation's public schools, and that support
crosses all boundaries, including cities, towns, and rural
areas.
(7) When Federal investment in public schools and children
has increased, test scores have improved, and high school
graduation rates and college enrollments have increased.
(8) The Federal Government should encourage communities
that demonstrate a strong commitment to restore and reform
their public schools.
(b) Purpose.--It is the purpose of this Act to assist local
communities that are taking the initiative--
(1) to overcome adverse conditions in their public schools;
(2) to revitalize their public schools in accordance with
local plans to achieve higher academic standards and safer and
improved learning environments; and
(3) to ensure that every community public school provides a
quality education for all students.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Consortium.--The term ``consortium'' means a local
schools consortium as defined in paragraph (2).
(2) Local schools consortium.--The term ``local schools
consortium'' means the local educational agency in
collaboration with a group composed of affected parents,
students, and representatives of teachers, school employees and
administrators, local business and community leaders and
representative of local higher education group working or
residing within the boundary of a local educational agency.
(3) Parent.--The term ``parent'' includes any of the
following:
(A) A grandparent.
(B) A legal guardian.
(C) Any other person standing in loco parentis.
(3) Plan.--The term ``plan'' means a 3-year public schools
renewal and improvement plan described in section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
American Virgin Islands, Guam, and American Samoa.
SEC. 4. PROCEDURE FOR DECLARATION.
(a) In General.--A request for a declaration by the President that
a ``public schools renewal effort is underway'' shall be made by a
local schools consortium.
(b) Request.--The local education agency shall submit the request
to the Governor of the State who shall, with or without comment,
forward such request to the President not more than 30 days after the
Governor's receipt of such request. Such request shall--
(1) include the plan;
(2) describe the nature and amount of State and local
resources which have been or will be committed to the renewal
and improvement of the public schools; and
(3) certify that State or local government obligations and
expenditures will comply with all applicable matching
requirements established pursuant to this Act.
(c) Declaration.--Based on a request made under this Act, the
President, in consultation with the Secretary, may declare that a
``public schools renewal effort is underway'' in such community and
authorize the Department of Education and other Federal agencies to
provide assistance under this Act.
(d) Progress Reports.--The consortium shall--
(1) amend such request annually to include additional
initiatives and approaches undertaken by the local educational
agency to improve the academic effectiveness and safety of its
public school system.
(2) submit annual performance reports to the Secretary
which shall describe progress in achieving the goals of the
plan.
SEC. 5. ELEMENTS OF RENEWAL AND IMPROVEMENT PLAN.
(a) In General.--As part of its request to the President, and in
order to receive assistance under this section, a consortium shall
submit a plan that includes the elements described in subsections (b)
and (c).
(b) Adverse Conditions.--The plan shall specify the existence of
any of the following factors:
(1)(A) A substantial percentage of students in the affected
public schools have been performing well below the national
average, or below other benchmarks, including State developed
benchmarks in such basic skills as reading, math, and science,
consistent with Goals 2000 and title I of the Elementary and
Secondary Education Act of 1965; or
(B) a substantial percentage of such students are failing
to complete high school.
(2) Some or all of such schools are overcrowded or have
physical plant conditions that threaten the health, safety, and
learning environment of the schools' populations.
(3) There is a substantial shortage of certified teachers,
teaching materials, and technology training.
(4) Some or all of the schools are located where crime and
safety problems interfere with the schools' ability to educate
students to high academic standards.
(c) Assurances.--The plan shall also include assurances from the
local educational agency that--
(1) the plan was developed by the local schools consortium
after extensive public discussion with State education
officials, affected parents, students, teachers and
representatives of teachers and school employees,
administrators, higher education officials, other educators,
and business and community leaders;
(2) describe how the consortium will use resources to meet
the types of reforms described in section 7;
(3) provide effective opportunities for professional
development of public school teachers, school staff,
principals, and school administrators;
(4) provide for greater parental involvement in school
affairs;
(5) focus substantially on successful and continuous
improvement in the basic academic performance of the students
in the public schools;
(6) address the unique responsibilities of all stake
holders in the public school system, including students,
parents, teachers, school administrators, other educators,
governmental officials, and business and community leaders, for
the effectiveness of the public school system especially with
respect to the schools targeted for greatest assistance;
(7) provide for regular objective evaluation of the
effectiveness of the plan;
(8) the agency will give priority to public schools that
need the most assistance in improving overcrowding, physical
problems and other health and safety concerns, readiness for
telecommunications equipment, and teacher training and the pool
of certified teachers;
(9) ensure that funds received under this Act shall be used
to supplement, not supplant other non-Federal funds;
(10) certify that the combined fiscal effort per student or
the aggregate expenditures within the State with respect to the
provision of free public education for the fiscal year
preceding the fiscal year for which the request for a
declaration is made was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the second
fiscal year preceding the fiscal year for which the request for
a declaration is made; and
(11) will address other major issues which the local
schools consortium determines are critical to renewal of its
public schools.
SEC. 6. ALLOWABLE FEDERAL ASSISTANCE.
(a) In General.--To provide assistance under this Act, the
President may--
(1) direct the Department of Education, with or without
reimbursement, to use the authority and the resources granted
to it under Federal law (including personnel, educational
equipment and supplies, facilities, and managerial, technical,
and advisory services) in support of State and local assistance
efforts;
(2) direct any other Federal agency to provide assistance
as described in paragraph (1);
(3) coordinate such assistance provided by Federal
agencies; and
(4) provide technical assistance and advisory assistance to
the affected local educational agency.
(b) Distribution of Assistance Funds.--
(1) In general.--At the direction of the President, the
Secretary shall distribute funds and resources provided
pursuant to a declaration under this Act to local educational
agencies selected for assistance under this Act.
(2) Existing procedures.--The Secretary shall determine the
best method of distributing funds under this Act through
personnel and existing procedures that are used to distribute
funds under other elementary and secondary education programs.
(c) Prohibition.--No provision of this Act shall be construed to
authorize any action or conduct prohibited under the General Education
Provisions Act.
SEC. 7. USE OF ASSISTANCE.
Assistance provided pursuant to this Act may be used only to carry
out a plan, and to effectuate the following and similar types of public
school reforms:
(1) Student-Targeted Resources.--
(A) Increasing and improving high-quality early
childhood educational opportunities.
(B) Providing comprehensive parent training so that
parents better prepare children before they reach
school age.
(C) Establishing intensive truancy prevention and
dropout prevention programs.
(D) Establishing alternative public schools and
programs for troubled students and dropouts, and
establishing other public school learning ``safety
nets''.
(E) Enhancing assistance for students with special
needs (including limited English proficient students,
English as a second language, and students with
disabilities).
(2) Classroom focused school development.--
(A) Establishing teacher and principal academies to
assist in training and professional development.
(B) Establishing effective training links for
students with area colleges and universities.
(C) Establishing career ladders for teachers and
school employees.
(D) Establishing teacher mentor programs.
(E) Establishing recruitment programs at area
colleges and universities to recruit and train college
students for the teaching profession.
(F) Establishing stronger links between schools and
law enforcement and juvenile justice authority.
(G) Establishing stronger links between schools and
parents concerning safe classrooms and effective
classroom activities and learning.
(H) Establishing parent and community patrols in
and around schools to assist safe schools and passage
to schools.
(I) Implementing research-based promising
educational practices and promoting exemplary school
recognition programs.
(J) Expanding the time students spend on school-
based learning activities and in extracurricular
activities.
(3) Accountability reforms.--
(A) Establishing high learning standards and
meaningful assessments of whether standards are being
met.
(B) Monitoring school progress and determining how
to more effectively use school system resources.
(C) Establishing performance criteria for teachers
and principals through such entities as joint school
board and union staff improvement committees.
(D) Establishing promotion and graduation
requirements for students, including requirements for
reading, mathematics, and science performance.
(E) Providing for strong accountability and
corrective action from a continuum of options,
consistent with State law and title I of the Elementary
and Secondary Education Act of 1965.
SEC. 8. DURATION OF ASSISTANCE.
Assistance under this Act may be provided for each of fiscal years
1998 through 2000.
SEC. 9. REPORT.
Not later than March 31, 2000, the Secretary shall submit a report
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate assessing the effectiveness of this Act in assisting recipient
local schools consortia in carrying out their plans submitted under
this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; MATCHING REQUIREMENT.
(a) Authorization.--There are authorized to be appropriated to
carry out this Act--
(1) for fiscal year 1998, $250,000,000; and
(2) for fiscal year 1999, $500,000,000; and
(3) for fiscal year 2000, such sums as may be necessary.
(b) Matching Requirement.--
(1) In general.--Federal funds expended or obligated under
this Act shall be matched (in an amount equal to such amount so
expended or obligated) from State or local funds.
(2) Other federal resources.--The Secretary shall, by
regulation and in consultation with the heads of other Federal
agencies, establish matching requirements for other Federal
resources provided under this Act.
(3) Waiver.--Based upon the recommendation of the
Secretary, the President may waive paragraph (1) or (2). | Public Schools Renewal and Improvement Act of 1997 - Establishes a procedure by which a local schools consortium shall request, through the State Governor, a declaration by the President that a public schools renewal effort is underway in its community. Requires such request to: (1) include the three-year plan for public schools renewal and improvement; (2) describe the nature and amount of State and local resources which have been or will be committed to such renewal and improvement; and (3) certify that State or local government obligations and expenditures will comply with all applicable matching requirements established pursuant to this Act. Authorizes the President to: (1) make such a requested declaration; and (2) authorize the Department of Education and other Federal agencies to provide assistance under this Act. Requires the consortium to make annual: (1) amendments to the request to include additional initiatives and approaches to improve academic effectiveness and school safety; and (2) progress reports to the Secretary of Education.
(Sec. 5) Sets forth required elements of such public schools renewal and improvement plans, including specification of certain adverse conditions and certain assurances.
(Sec. 6) Authorizes the President to provide for various forms of allowable Federal assistance under this Act. Directs the Secretary to distribute such funds and resources.
(Sec. 7) Sets forth requirements for use of such assistance for various student-targeted resources, classroom-focused school development, accountability reforms, and other, similar types of public school reforms.
(Sec. 8) Allows such assistance to be provided for each of FY 1998 through 2000.
(Sec. 9) Requires the Secretary to report to specified congressional committees on this Act's effectiveness.
(Sec. 10) Authorizes appropriations. Sets forth matching requirements for States or localities, which the President may waive upon the Secretary's recommendation. | {"src": "billsum_train", "title": "Public Schools Renewal and Improvement Act of 1997"} | 2,736 | 400 | 0.600995 | 1.914081 | 0.762932 | 3.294278 | 7.408719 | 0.896458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 2001''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2001 and
subsequent fiscal years. | Social Security and Medicare Lock-box Act of 2001 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security and Medicare solvency certification by the Boards of Trustees of the social security and Federal Hospital Insurance Trust Funds, respectively, to consider: (1) any concurrent budget resolution that would use any portion of the baseline budget surpluses; or (2) any legislation or amendment if the enactment of such legislation or amendment would use any portion of such surpluses.Defines "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March.Establishes conditions under which a portion of such surpluses is determined to be used in the case of legislation affecting revenues or direct spending or an appropriations bill. | {"src": "billsum_train", "title": "To amend the Congressional Budget Act of 1974 to preserve all budget surpluses until legislation is enacted significantly extending the solvency of the Social Security and Medicare trust funds."} | 1,191 | 217 | 0.754958 | 2.002293 | 0.7585 | 4.240437 | 5.677596 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Virgin Islands College
Access Act of 2015''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a program that enables
college-bound residents of the United States Virgin Islands to have
greater choices among institutions of higher education.
SEC. 3. PUBLIC SCHOOL GRANTS.
(a) Grants.--
(1) In general.--From amounts appropriated under subsection
(i), the Governor shall award grants to eligible institutions
that enroll eligible students to pay the difference between the
tuition and fees charged for in-State students and the tuition
and fees charged for out-of-State students on behalf of each
eligible student enrolled in the eligible institution.
(2) Maximum student amounts.--The amount paid on behalf of
an eligible student under this section shall be--
(A) not more than $10,000 for any one award year
(as defined in section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) not more than $50,000 in the aggregate.
(3) Proration.--The Governor shall prorate payments under
this section for students who attend an eligible institution on
less than a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant to
subsection (i) for any fiscal year are insufficient to award a
grant in the amount determined under subsection (a) on behalf
of each eligible student enrolled in an eligible institution,
then the Governor, in consultation with the Secretary of
Education, shall--
(A) first, ratably reduce the amount of the tuition
and fee payment made on behalf of each eligible student
who has not received funds under this section for a
preceding year; and
(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition and fee
payments made on behalf of all other eligible students.
(2) Adjustments.--The Governor, in consultation with the
Secretary of Education, may adjust the amount of tuition and
fee payments made under paragraph (1) based on--
(A) the financial need of the eligible students to
avoid undue hardship to the eligible students; or
(B) undue administrative burdens on the Governor.
(3) Further adjustments.--Notwithstanding paragraphs (1)
and (2), the Governor may prioritize the making or amount of
tuition and fee payments under this subsection based on the
income and need of eligible students.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public four-year institution of higher
education located in one of the several States, the
District of Columbia, Puerto Rico, or Guam;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with the Governor
containing such terms and conditions as the Governor
and institution may jointly specify, including a
requirement that the institution use the funds made
available under this section to supplement and not
supplant assistance that otherwise would be provided to
eligible students from the United States Virgin
Islands.
(2) Eligible student.--The term ``eligible student'' means
an individual who--
(A) was domiciled in the United States Virgin
Islands for not less than the 12 consecutive months
preceding the commencement of the freshman year at an
institution of higher education;
(B) graduated from a secondary school in the United
States Virgin Islands, or received the recognized
equivalent of a secondary school diploma while
domiciled in the United States Virgin Islands, on or
after January 1, 2013;
(C) begins the individual's undergraduate course of
study within the three calendar years (excluding any
period of service on active duty in the Armed Forces,
or service under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.)) of graduation from a secondary school, or
obtaining the recognized equivalent of a secondary
school diploma;
(D) is enrolled or accepted for enrollment, on at
least a half-time basis, in a baccalaureate degree or
other program (including a program of study abroad
approved for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c));
(F) while enrolled in an eligible institution,
maintains the United States Virgin Islands as the
individual's principal place of residence for purposes
of the laws of the United States Virgin Islands; and
(G) has not completed the individual's first
undergraduate baccalaureate course of study.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Governor.--The term ``Governor'' means the Governor of
the United States Virgin Islands.
(5) Secondary school.--The term ``secondary school'' has
the meaning given that term under section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(d) Construction.--Nothing in this Act shall be construed to
require an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable an eligible
student to enroll in the institution.
(e) Applications.--Each student desiring a tuition payment under
this section shall submit an application to the eligible institution at
such time, in such manner, and accompanied by such information as the
eligible institution may require.
(f) Administration of Program.--
(1) In general.--The Governor shall carry out the program
under this section in consultation with the Secretary. The
Governor may enter into a grant, contract, or cooperative
agreement with another public or private entity to administer
the program under this section if the Governor determines that
doing so is a more efficient way of carrying out the program.
(2) Policies and procedures.--The Governor, in consultation
with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(3) Memorandum of agreement.--The Governor and the
Secretary shall enter into a Memorandum of Agreement that
describes--
(A) the manner in which the Governor shall consult
with the Secretary with respect to administering the
program under this section; and
(B) any technical or other assistance to be
provided to the Governor by the Secretary for purposes
of administering the program under this section (which
may include access to the information in the common
financial reporting form developed under section 483 of
the Higher Education Act of 1965 (20 U.S.C. 1090)).
(g) Governor's Report.--The Governor shall report to Congress
annually regarding--
(1) the number of eligible students attending each eligible
institution and the amount of the grant awards paid to those
institutions on behalf of the eligible students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on behalf
of eligible students; and
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each year.
(h) GAO Report.--Beginning on the date of the enactment of this
Act, the Comptroller General of the United States shall monitor the
effect of the program assisted under this section on educational
opportunities for eligible students. The Comptroller General shall
analyze whether eligible students had difficulty gaining admission to
eligible institutions because of any preference afforded in-State
residents by eligible institutions, and shall expeditiously report any
findings regarding such difficulty to Congress and the Governor. In
addition, the Comptroller General shall--
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which United States Virgin
Islands students can gain admission, including admission aided
by assistance provided under this Act, due to--
(A) caps on the number of out-of-State students the
institution will enroll;
(B) significant barriers imposed by academic
entrance requirements (such as grade point average and
standardized scholastic admissions tests); and
(C) absence of admission programs benefitting
minority students; and
(2) report the findings of the analysis described in
paragraph (1) to Congress and the Governor.
(i) Authorization of Appropriations.--The United States Virgin
Islands is authorized to appropriate to carry out this section, out of
non-Federal funds of the United States Virgin Islands, $10,000,000 for
each of the fiscal years 2015 through 2020, and such sums as may be
necessary for each of the succeeding fiscal years. Such funds shall
remain available until expended.
(j) Effective Date.--This section shall take effect with respect to
payments for periods of instruction that begin on or after January 1,
2015.
SEC. 4. GENERAL REQUIREMENTS.
(a) Personnel.--The Secretary of Education shall arrange for the
assignment of an individual, pursuant to subchapter VI of chapter 33 of
title 5, United States Code, to serve as an adviser to the Governor
with respect to the programs assisted under this Act.
(b) Administrative Expenses.--The Governor may use not more than 5
percent of the funds made available for a program under section 3 for a
fiscal year to pay the administrative expenses of a program under
section 3 for the fiscal year.
(c) Inspector General Review.--Each of the programs assisted under
this Act shall be subject to audit and other review by the Inspector
General of the Department of Education in the same manner as programs
are audited and reviewed under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Gifts.--The Governor may accept, use, and dispose of donations
of services or property for purposes of carrying out this Act.
(e) Maximum Student Amount Adjustments.--The Governor shall
establish rules to adjust the maximum student amounts described in
section 3(a)(2)(B) for eligible students described in section 3(c)(2)
who transfer between the eligible institutions described in section
3(c)(1)(A). | United States Virgin Islands College Access Act of 2015 This bill directs the U.S. Virgin Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Virgin Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2013, a secondary school diploma or its equivalent while domiciled there. The Government Accountability Office must monitor the program's effectiveness in expanding educational opportunities for such students. | {"src": "billsum_train", "title": "United States Virgin Islands College Access Act of 2015"} | 2,327 | 150 | 0.562548 | 1.519931 | 0.70589 | 2.839161 | 15.132867 | 0.881119 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Amendments of 1993''.
SEC. 2. AMENDMENTS.
(a) Who May Be a Debtor Under Chapter 13.--Section 109(e) of title
11, United States Code, is amended--
(1) by striking ``, unsecured debts of less than $100,000
and noncontingent, liquidated, secured debts of less than
$350,000'' and inserting ``debts of less than $1,000,000'', and
(2) by striking ``, unsecured debts that aggregate less
than $100,000 and noncontingent, liquidated, secured debts of
less than $350,000'' and inserting ``debts of less than
$1,000,000''.
(b) Automatic Stay.--The last sentence of section 362(e) of title
11, United States Code, is amended--
(1) by striking ``commenced'' and inserting ``concluded'',
and
(2) by inserting before the period at the end the
following:
``unless the 30-day period is extended with the consent of the parties
in interest or for a specific time that the court finds is required by
compelling circumstances''.
(c) Exemptions.--(1) Section 522(a) of title 11, United States
Code, is amended--
(A) in paragraph (1) by striking ``and'' at the end,
(B) by redesignating paragraph (2) as paragraph (3), and
(C) by inserting after paragraph (1) the following:
``(2) `household goods' means furnishings, appliances,
linens, china, cookery, kitchenware, and personal effects, but
does not include--
``(A) works of art;
``(B) electronic entertainment equipment other than
one television and one radio;
``(C) jewelry (other than wedding and engagement
rings); and
``(D) antiques purchased by the debtor; and''.
(2) Section 522(d)(3) of title 11, United States Code, is amended--
(A) by striking ``household furnishings,'', and
(B) by striking ``appliances,''.
(3) Section 522(f)(2) of title 11, United States Code, is amended--
(A) by striking ``household furnishings,'', and
(B) by striking ``appliances,''.
(d) Exceptions to Discharge.--Section 523(a) of title 11, United
States Code, is amended--
(1) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) actual fraud, use of a credit card or other
access device to a revolving line of credit without the
intent to repay, or false pretenses or false
representations made or published with reckless
disregard for their truth or accuracy;''
(B) in subparagraph (B)(iv) by striking ``intent to
deceive'' and inserting ``reckless disregard for its
truth or accuracy'', and
(C) in subparagraph (C)--
(i) by striking ``$500'' and inserting
``$100'', and
(ii) by striking ``forty days'' and
inserting ``60 days'', and
(2) by amending paragraph (6) to read as follows:
``(6) for injury to another entity or property of another
entity resulting from the debtor's reckless disregard of such
entity's right or property interests;''.
(e) Effect of Discharge.--The third sentence of section 524(d) of
title 11, United States Code, is amended in the matter preceding
paragraph (1) by inserting ``and was not represented by an attorney
during the course of negotiating such agreement'' after ``this
section''.
(f) Preferences.--Section 547(c)(3)(B) of title 11, United States
Code, is amended by striking ``10'' and inserting ``20''.
(g) Contents of Plan.--Section 1322(b)(2) of title 11, United
States Code, is amended to read as follows:
``(2) modify the rights of the holders of secured claims,
but the plan may not modify a claim pursuant to section 506 of
a person holding a senior or a junior security interest in real
property that is the debtor's principal residence, except that
the plan may modify the claim of a person holding such a junior
security interest that was undersecured at the time the
interest attached to the extent that the interest remains
undersecured;''.
(h) Contents of Plan.--(1) Section 1322(c) of title 11, United
States Code, is amended to read as follows:
``(c) The plan may not provide for payments over a period that is
longer than 5 years.''.
(2) Section 1325(b)(1)(B) of title 11, United States Code, is
amended by striking ``three-year'' and inserting ``5-year''.
(3) Section 1329(c) of title 11, United States Code, is amended to
read as follows:
``(c) A plan modified under this section may not provide for
payments over a period that expires more than 5 years after the date
that the first payment under the original confirmed plan was due.''.
(i) Confirmation Hearing.--Section 1324 of title 11, United States
Code, is amended--
(1) by striking ``After'' and inserting ``(a) Except as
provided in subsection (b) and after'', and
(2) by adding at the end the following:
``(b) If a creditor objects not later than 5 days after receiving
notice of a hearing on confirmation of the plan, the hearing on
confirmation of the plan may be held only after the expiration of the
10-day period beginning on the date of the first meeting of creditors
under section 341(a).''.
(j) Payments.--Section 1326(c) of title 11, United States Code, is
amended by inserting ``timely'' after ``payments''.
SEC. 3. ANNUAL COMPILATION OF STATISTICAL INFORMATION REGARDING
BANKRUPTCY CASES.
Not later than June 30 of each year, the Administrative Office of
the United States Courts shall compile and make available to the public
statistical information with respect to cases in which a discharge is
entered under title 11 of the United States Code in the preceding
calendar year. Such information shall include--
(1) the liabilities and value of assets of the debtors in
such cases as of the order for relief,
(2) the monthly income and living expenses of such debtors,
as estimated by such debtors,
(3) the aggregate amount of debts discharged, and the
aggregate payments made to creditors, as of the date of
discharge, and
(4) the time elapsed between the filing of such cases and
the date of the first payment to a creditor under a plan
confirmed in such cases.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall not apply with respect to cases commenced under title 11 of the
United States Code before the date of the enactment of this Act. | Bankruptcy Amendments of 1993 - Amends Federal bankruptcy law to raise to $1 million the ceiling on debts for eligibility to file as a chapter 13 debtor (bankrupt consumer repayment of debt under court supervision). (Currently the ceiling is $100,000 for unsecured debts, or $350,000 for certain secured debts.) Modifies the guidelines for: (1) chapter 13 bankruptcies; (2) automatic stays; (3) exemptions; (4) discharges; and (5) preferences.
Directs the Administrative Office of the United States Courts to compile and make available to the public statistical information regarding bankruptcy cases. | {"src": "billsum_train", "title": "Bankruptcy Amendments of 1993"} | 1,685 | 129 | 0.41992 | 1.171607 | 0.618575 | 1.825 | 12.641667 | 0.758333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hunger-Free
Communities Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--NATIONAL COMMITMENT TO END HUNGER
Sec. 101. Hunger reports.
TITLE II--STRENGTHENING COMMUNITY EFFORTS
Sec. 201. Hunger-free communities collaborative grants.
Sec. 202. Hunger-free communities training and technical assistance
grants.
Sec. 203. Report.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) at the 1996 World Food Summit, the United States,
along with 185 other countries, pledged to reduce the number of
undernourished people by half by 2015; and
(B) as a result of this pledge, the Department of Health
and Human Services adopted the Healthy People 2010 goal to cut
food insecurity in half by 2010, and in doing so reduce hunger;
(2)(A) national nutrition programs are among the fastest,
most direct ways to efficiently and effectively prevent hunger,
reduce food insecurity, and improve nutrition among the
populations targeted by a program;
(3) in 2001, food banks, food pantries, soup kitchens, and
emergency shelters helped to feed more than 23,000,000 low-
income people; and
(4) community-based organizations and charities can help--
(A) play an important role in preventing and
reducing hunger;
(B) measure community food security;
(C) develop and implement plans for improving food
security;
(D) educate community leaders about the problems of
and solutions to hunger;
(E) ensure that local nutrition programs are
implemented effectively; and
(F) improve the connection of food insecure people
to anti-hunger programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Domestic hunger goal.--The term ``domestic hunger
goal'' means--
(A) the goal of reducing hunger in the United
States to at or below 2 percent by 2010; or
(B) the goal of reducing food insecurity in the
United States to at or below 6 percent by 2010.
(2) Emergency feeding organization.--The term ``emergency
feeding organization'' has the meaning given the term in
section 201A of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501).
(3) Food security.--The term ``food security'' means the
state in which an individual has access to enough food for an
active, healthy life.
(4) Hunger-free communities goal.--The term ``hunger-free
communities goal'' means any of the 14 goals described in the
H. Con. Res. 302 (102nd Congress).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--NATIONAL COMMITMENT TO END HUNGER
SEC. 101. HUNGER REPORTS.
(a) Study.--
(1) In general.--The Secretary shall conduct a study not
later than 1 year after the date of enactment of this Act, and
an update of the study not later than 5 years thereafter, of
major matters relating to the problem of hunger in the United
States, as determined by the Secretary.
(2) Matters to be assessed.--The matters to be assessed by
the Secretary shall include--
(A) data on hunger and food insecurity in the
United States;
(B) measures carried out during the previous year
by Federal, State, and local governments to achieve
domestic hunger goals and hunger-free communities
goals; and
(C) measures that could be carried out by Federal,
State, and local governments to achieve domestic hunger
goals and hunger-free communities goals.
(b) Recommendations.--The Secretary shall develop recommendations
on--
(1) removing obstacles to achieving domestic hunger goals
and hunger-free communities goals; and
(2) otherwise reducing domestic hunger.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and 5 years thereafter, the Secretary shall submit to the
President and Congress a report that contains--
(1) a detailed statement of the results of the study, or
the most recent update to the study, conducted under subsection
(a); and
(2) the most recent recommendations of the Secretary under
subsection (b).
TITLE II--STRENGTHENING COMMUNITY EFFORTS
SEC. 201. HUNGER-FREE COMMUNITIES COLLABORATIVE GRANTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a public food program service provider or a
nonprofit organization, including but not limited to an emergency
feeding organization, that demonstrates the organization has
collaborated, or will collaborate, with 1 or more local partner
organizations to achieve at least 1 hunger-free communities goal.
(b) Program Authorized.--
(1) In general.--The Secretary shall use not more than 90
percent of any funds made available under title III to make
grants to eligible entities to pay the Federal share of the
costs of an activity described in subsection (d).
(2) Federal share.--The Federal share of the cost of
carrying out an activity under this section shall not exceed 80
percent.
(3) Non-federal share.--
(A) Calculation.--The non-Federal share of the cost
of an activity under this section may be provided in
cash or in kind, fairly evaluated, including
facilities, equipment, or services.
(B) Sources.--Any entity may provide the non-
Federal share of the cost of an activity under this
section through a State government, a local government,
or a private source.
(c) Application.--
(1) In general.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at
the time and in the manner and accompanied by any information
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) identify any activity described in subsection
(d) that the grant will be used to fund;
(B) describe the means by which an activity
identified under subparagraph (A) will reduce hunger in
the community of the eligible entity;
(C) list any partner organizations of the eligible
entity that will participate in an activity funded by
the grant;
(D) describe any agreement between a partner
organization and the eligible entity necessary to carry
out an activity funded by the grant; and
(E) if an assessment described in subsection (d)(1)
has been performed, include--
(i) a summary of that assessment; and
(ii) information regarding the means by
which the grant will help reduce hunger in the
community of the eligible entity.
(3) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities that--
(A) demonstrate in the application of the eligible
entity that the eligible entity makes collaborative
efforts to reduce hunger in the community of the
eligible entity; and
(B)(i) serve a predominantly rural and
geographically underserved area;
(ii) serve communities in which the rates of food
insecurity, hunger, poverty, or unemployment are
demonstrably higher than national average rates;
(iii) provide evidence of long-term efforts to
reduce hunger in the community;
(iv) provide evidence of public support for the
efforts of the eligible entity; or
(v) demonstrate in the application of the eligible
entity a commitment to achieving more than 1 hunger-
free communities goal.
(d) Use of Funds.--
(1) Assessment of hunger in the community.--
(A) In general.--An eligible entity in a community
that has not performed an assessment described in
subparagraph (B) may use a grant received under this
section to perform the assessment for the community.
(B) Assessment.--The assessment referred to in
subparagraph (A) shall include--
(i) an analysis of the problem of hunger in
the community served by the eligible entity;
(ii) an evaluation of any facility and any
equipment used to achieve a hunger-free
communities goal in the community;
(iii) an analysis of the effectiveness and
extent of service of existing nutrition
programs and emergency feeding organizations;
and
(iv) a plan to achieve any other hunger-
free communities goal in the community.
(2) Activities.--An eligible entity in a community that has
submitted an assessment to the Secretary shall use a grant
received under this section for any fiscal year for activities
of the eligible entity, including--
(A) meeting the immediate needs of people in the
community served by the eligible entity who experience
hunger by--
(i) distributing food;
(ii) providing community outreach; or
(iii) improving access to food as part of a
comprehensive service;
(B) developing new resources and strategies to help
reduce hunger in the community;
(C) establishing a program to achieve a hunger-free
communities goal in the community, including--
(i) a program to prevent, monitor, and
treat children in the community experiencing
hunger or poor nutrition; or
(ii) a program to provide information to
people in the community on hunger, domestic
hunger goals, and hunger-free communities
goals; and
(D) establishing a program to provide food and
nutrition services as part of a coordinated community-
based comprehensive service.
SEC. 202. HUNGER-FREE COMMUNITIES TRAINING AND TECHNICAL ASSISTANCE
GRANTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a national or regional nonprofit organization
that carries out an activity described in subsection (d).
(b) Program Authorized.--
(1) In general.--The Secretary shall use not more than 10
percent of any funds made available under title III to make
grants to eligible entities to pay the Federal share of the
costs of an activity described in subsection (d).
(2) Federal share.--The Federal share of the cost of
carrying out an activity under this section shall not exceed 80
percent.
(c) Application.--
(1) In general.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at
the time and in the manner and accompanied by any information
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) demonstrate that the eligible entity does not
operate for profit;
(B) describe any national or regional training
program carried out by the eligible entity, including a
description of each region served by the eligible
entity;
(C) describe any national or regional technical
assistance provided by the eligible entity, including a
description of each region served by the eligible
entity; and
(D) describe the means by which each organization
served by the eligible entity--
(i) works to achieve a domestic hunger
goal;
(ii) works to achieve a hunger-free
communities goal; or
(iii) used a grant received by the
organization under section 201.
(3) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities the
applications of which demonstrate 2 or more of the following:
(A) The eligible entity serves a predominantly
rural and geographically underserved area.
(B) The eligible entity serves a region in which
the rates of food insecurity, hunger, poverty, or
unemployment are demonstrably higher than national
average rates.
(C) The eligible entity serves a region that has
carried out long-term efforts to reduce hunger in the
region.
(D) The eligible entity serves a region that
provides public support for the efforts of the eligible
entity.
(E) The eligible entity is committed to achieving
more than 1 hunger-free communities goal.
(d) Use of Funds.--An eligible entity shall use a grant received
under this section for any fiscal year to carry out national or
regional training and technical assistance for organizations that--
(1) work to achieve a domestic hunger goal;
(2) work to achieve a hunger-free communities goal; or
(3) receive a grant under section 201.
SEC. 203. REPORT.
Not later than September 30, 2011, the Secretary shall submit to
Congress a report describing--
(1) each grant made under this title, including--
(A) a description of any activity funded by such a
grant; and
(B) the degree of success of each activity funded
by such a grant in achieving hunger-free communities
goals; and
(2) the degree of success of all activities funded by
grants under this title in achieving domestic hunger goals.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out title II
$50,000,000 for each of fiscal years 2006 through 2011.
Passed the Senate December 8, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 1120
_______________________________________________________________________
AN ACT
To reduce hunger in the United States, and for other purposes. | Hunger-Free Communities Act of 2006 - Title I: National Commitment to End Hunger - (Sec. 101) Directs the Secretary of Agriculture to conduct a study of major matters relating to the problem of hunger in the United States. Includes in such study: (1) data on hunger and food insecurity; and (2) federal, state, and local measures to achieve domestic hunger goals and hunger-free communities goals.
Requires the Secretary to report to the President and Congress respecting such study.
Title II: Strengthening Community Efforts - (Sec. 201) Directs the Secretary to use up to 90% of funds made available under title III of this Act for grants to eligible entities (as defined by this section) to pay the federal share (not to exceed 80%) of the costs of: (1) community hunger assessments; (2) food distribution, community outreach, or food access improvement; (2) developing new resources and strategies to help reduce hunger; (3) establishing a program to achieve a hunger-free communities goal, and (4) establishing a program to provide food and nutrition services as part of a coordinated community-based comprehensive service.
Gives grant priority to entities meeting specified criteria.
(Sec. 202) Directs the Secretary to use up to 10% of funds made available under title III of this Act for grants to eligible entities (as defined by this section) to pay the federal share (not to exceed 80%) of the training and technical assistance costs of organizations that: (1) work to achieve a domestic hunger goal; (2) work to achieve a hunger-free communities goal; or (3) were recipients of a grant under section 201 of this Act.
Gives grant priority to entities meeting specified criteria.
(Sec. 203) Directs the Secretary to report to Congress by September 30, 2011, respecting grants made under this title.
Title III: Authorization of Appropriations - (Sec. 301) Authorizes FY2006-FY2011 appropriations. | {"src": "billsum_train", "title": "An act to reduce hunger in the United States, and for other purposes."} | 2,921 | 427 | 0.673092 | 2.011 | 0.767629 | 3.821159 | 7.065491 | 0.924433 |
SECTION 1. SHORT TITLE; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Medicare Home
Infusion Therapy Act of 2001''.
(b) Purpose.--The purposes of this Act are to ensure that medicare
beneficiaries--
(1) have the choice of receiving infusion drug therapies in
the home when clinically appropriate rather than in an
inpatient setting; and
(2) are receiving high quality, safe, and efficient care
with respect to home infusion drug therapies.
SEC. 2. COVERAGE OF AND PAYMENT FOR HOME INFUSION DRUG THERAPY
SERVICES.
(a) Coverage.--
(1) In general.--Section 1861(s) of the Social Security Act
(42 U.S.C. 1395x(s)) is amended--
(A) in the second sentence, by redesignating
paragraphs (16) and (17) as clauses (i) and (ii); and
(B) in the first sentence--
(i) by striking ``and'' at the end of
paragraph (14);
(ii) by striking the period at the end of
paragraph (15) and inserting ``; and''; and
(iii) by adding after paragraph (15) the
following new paragraph:
``(16) home infusion drug therapy services (as defined in
subsection (ww).''.
(2) Conforming amendments.--Sections 1864(a) 1902(a)(9)(C),
and 1915(a)(1)(B)(ii)(I) of such Act (42 U.S.C. 1395aa(a),
1396a(a)(9)(C), and 1396n(a)(1)(B)(ii)(I)) are each amended by
striking ``paragraphs (16) and (17)'' each place it appears and
inserting ``clauses (i) and (ii) of the second sentence''.
(b) Home Infusion Drug Therapy Defined.--Section 1861 of such Act
(42 U.S.C. 1395x), as amended by sections 102 and 105 of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-468, 471), as enacted into law by section 1(a)(6) of
Public Law 106-554, is amended by adding at the end the following new
subsection:
``Home Infusion Drug Therapy Services
``(ww)(1) The term `home infusion drug therapy services' means--
``(A) pharmacy, nursing, and related items and services
(including medical supplies, intravenous fluids, drugs
described in section 1834(n), home delivery, equipment, and
other items and services the Secretary determines appropriate)
to administer infusion drug therapies to an individual safely
and effectively in the home in conformance with clinical
standards of care established by the Secretary;
``(B) that are furnished by a qualified supplier via an
intravenous, intra-arterial or intrathecal access device
inserted into the body; and
``(C) provided under a plan of care established and
periodically reviewed by a physician.
``(2) In paragraph (1)--
``(A) the term `home' means a place of residence used as an
individual's home (or a provider of services used as the
individual's home if the drug is administered during a period
of inpatient stay for which payment is not made to the provider
of services under part A); and
``(B) the term `qualified supplier' means any entity that
meets such requirements as the Secretary determines are
necessary to ensure the safe and effective provision of home
infusion drug therapy services.''.
(c) Payment.--
(1) Establishment of fee schedule.--Section 1834 of the
Social Security Act (42 U.S.C. 1395l), as amended by section
223(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-487),
as enacted into law by section 1(a)(6) of Public Law 106-554,
is amended by adding at the end the following new subsection:
``(n) Home Infusion Drug Therapy Services.--
``(1) Establishment of fee schedule.-- The Secretary shall
establish by regulation before the beginning of 2002 and each
succeeding year a fee schedule for home infusion drug therapy
services for which payment is made under this part. In so
doing, the Secretary shall ensure the adequacy of aggregate
payments for the drug and nondrug components of home infusion
drug therapy, consistent with the requirements of paragraphs
(2) and (3).
``(2) Requirements.--The Secretary shall ensure that the
coverage, reimbursement, and standards for covered home
infusion drug therapy services adequately reflect the various
components of care (including the services, drugs, supplies,
equipment, and related costs) necessary to ensure the safe and
effective provision of home infusion drug therapy. In so doing,
the Secretary shall--
``(A) take into account the definitions,
requirements, and clinical standards commonly used for
home infusion drug therapy by private health plans and
accrediting organizations;
``(B) ensure the adequacy of the aggregate payment
levels for home infusion drug therapy services, without
regard to whether payments for drug and nondrug
components are bundled or partially bundled by the
Secretary;
``(C) ensure that sufficient numbers of
geographically distributed and qualified home infusion
drug therapy providers participate in the part B
program so that enrolled beneficiaries have meaningful
access to home infusion drug therapy services provided
in accordance with the established quality of care
standards; and
``(D) consult with providers and trade associations
specializing in home infusion drug therapy.
``(3) Publication of list of covered home infusion drugs.--
Not later than January 1, 2002 (and quarterly thereafter), the
Secretary shall publish a list of the drugs, and indications
for such drugs, that are covered home infusion drugs, with
respect to which home infusion drug therapy may be provided
under this title. This list shall include the following:
``(A) All intravenous antibiotic drugs unless the
Secretary has determined for a specific drug and
indication that the drug cannot generally be
administered safely and effectively in a home setting.
``(B) All infusion drug therapies requiring an
external infusion pump for safe and effective
administration that were, as of June 30, 2001, covered
by reason of 1861(s)(6).
``(C) Parenterally administered blood-derived
products.
``(D) Any other infusion drug for which the
Secretary has determined that, with respect to a
specific drug or the indication to which the drug is
applied, the drug can be administered safely and
effectively in the home (as defined in section
1861(ww)(2)(A).''.
(2) Conforming amendments.--(A) Section 1833(a)(1) of such
Act (42 U.S.C. 1395l(1)), as amended by sections 105(c) and
223(c) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-YYY472,
489), as enacted into law by section 1(a)(6) of Public Law 106-
554, is amended--
(i) by striking ``and (U)'' and inserting ``(U)'';
and
(ii) by inserting before the semicolon at the end
the following: ``, and (V) with respect to home
infusion drug therapy services (as defined in section
1861(ww)(1)), the amounts paid shall be 80 percent of
the lesser of the actual charge or the amount
determined under the fee schedule established under
section 1834(n)''.
(B) The first sentence of section 1862(a) of such Act (42
U.S.C. 1395y(a)) is amended--
(i) by striking ``or'' at the end of paragraph
(20);
(ii) by striking the period at the end of paragraph
(21) and inserting ``; or''; and
(iii) by inserting after paragraph (21) the
following new paragraph:
``(22) in the case of home infusion drug therapy services
under section 1861(ww)--
``(A) that are not furnished in the home (as
defined in paragraph (2)(A) of that section;
``(B) that do not meet the standards of clinical
care established by the Secretary;
``(C) that include drugs not listed under section
1834(n)(3);
``(D) that are items and services other than items
and services that Secretary determines appropriate
under that section; and
``(E) for which payment may be made under this
title other than under section 1833(a)(1)(V).''.
(d) Exclusion From Definition of Durable Medical Equipment.--
Section 1861(n) of such Act (42 U.S.C. 1395x(n)) is amended by adding
at the end the following: ``Such term does not include home infusion
drug therapy services (as defined in subsection (ww)).''.
(e) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2002. The
Secretary shall publish a rule under this subsection in the Federal
Register by not later than the January 1, 2002. Such rule shall be
effective and final immediately on an interim basis, but is subject to
change and revision after public notice and opportunity for a period
(of not less than 60 days) for public comment. | Medicare Home Infusion Therapy Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of home infusion drug therapy services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage of home infusion drug therapies under the Medicare Program."} | 2,149 | 43 | 0.57364 | 1.423296 | 0.435107 | 3.121212 | 57.363636 | 0.878788 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Reauthorization Act
of 1999''.
(b) References.--Except as otherwise expressly provided, wherever
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
Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of
1994 (16 U.S.C. 461 note; title I of Public Law 103-449).
SEC. 2. FINDINGS.
Section 102 is amended--
(1) in paragraph (1), by inserting ``and the Commonwealth
of Massachusetts'' after ``State of Connecticut'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (9) as
paragraphs (2) through (8), respectively;
(4) in paragraph (3) (as so redesignated), by inserting
``New Haven,'' after ``Hartford,''; and
(5) in paragraph (8) (as so redesignated), by striking
``regional and State agencies'' and inserting ``regional, and
State agencies,''.
SEC. 3. ESTABLISHMENT OF QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL
HERITAGE CORRIDOR; PURPOSE.
Section 103 is amended--
(1) in subsection (a), by inserting ``and the Commonwealth
of Massachusetts'' after ``State of Connecticut''; and
(2) by striking subsection (b) and inserting the following:
``(b) Purpose.--The purpose of this title is to provide assistance
to the State of Connecticut and the Commonwealth of Massachusetts, and
their units of local and regional government and citizens, in the
development and implementation of integrated natural, cultural,
historic, scenic, recreational, land, and other resource management
programs in order to retain, enhance, and interpret the significant
features of the land, water, structures, and history of the Quinebaug
and Shetucket Rivers Valley.''.
SEC. 4. BOUNDARIES AND ADMINISTRATION.
Section 104 is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``Union,'' after ``Thompson,'';
and
(B) by inserting before the period at the end the
following: ``in the State of Connecticut, and the towns
of Brimfield, Charlton, Dudley, East Brookfield,
Holland, Oxford, Southbridge, Sturbridge, and Webster
in the Commonwealth of Massachusetts, which are
contiguous areas in the Quinebaug and Shetucket Rivers
Valley, related by shared natural, cultural, historic,
and scenic resources''; and
(2) by adding at the end the following:
``(b) Administration.--The Corridor shall be managed by Quinebaug-
Shetucket Heritage Corridor, Inc., in accordance with the management
plan and in consultation with the Governors.''.
SEC. 5. MANAGEMENT PLAN.
Section 105 is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 105. MANAGEMENT PLAN.'';
(2) by striking subsections (a) and (b);
(3) by redesignating subsection (c) as subsection (a);
(4) in subsection (a) (as so redesignated)--
(A) in the subsection heading, by inserting
``Management'' before ``Plan'';
(B) by striking the first sentence and inserting
the following: ``The management entity shall implement
the management plan.'';
(C) in paragraph (5), by striking ``identified
pursuant to the inventory required in section
5(a)(1)''; and
(D) in paragraphs (6) and (7), by striking ``plan''
each place it appears and inserting ``management
plan''; and
(5) by adding at the end the following:
``(b) Grants and Loans.--The management entity may, for the
purposes of implementing the management plan, make grants or loans to
the States, their political subdivisions, nonprofit organizations, and
other persons to further the goals set forth in the management plan.''.
SEC. 6. DUTIES OF THE SECRETARY.
Section 106 is amended to read as follows:
``SEC. 106. DUTIES OF THE SECRETARY.
``(a) In General.--Upon request of the management entity, the
Secretary and the heads of other Federal agencies shall assist the
management entity in the implementation of the management plan.
``(b) Forms of Assistance.--Assistance under subsection (a) shall
include provision of funds authorized under section 109 and technical
assistance necessary to carry out this Act.''.
SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Section 107 is amended by striking ``Governor'' and inserting
``management entity''.
SEC. 8. DEFINITIONS.
Section 108 is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``and the Commonwealth of Massachusetts'';
(2) in paragraph (3), by inserting before the period at the
end the following: ``and the Governor of the Commonwealth of
Massachusetts'';
(3) in paragraph (5), by striking ``means each of'' and all
that follows and inserting the following: ``means--
``(A) the Northeastern Connecticut Council of
Governments, the Windham Regional Council of
Governments, and the Southeastern Connecticut Council
of Governments in Connecticut (or any successor
council); and
``(B) the Pioneer Valley Regional Planning
Commission and the Southern Worcester County Regional
Planning Commission in Massachusetts (or any successor
commission).''; and
(4) by adding at the end the following:
``(6) Management entity.--The term `management entity'
means Quinebaug-Shetucket Heritage Corridor, Inc., a not-for-
profit corporation incorporated under the law of the State of
Connecticut (or a successor entity).
``(7) Management plan.--The term `management plan' means
the document approved by the Governor of the State of
Connecticut on February 16, 1999, and adopted by the management
entity, entitled `Vision to Reality: A Management Plan',
comprising the management plan for the Corridor, as the
document may be amended or replaced from time to time.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 109 is amended to read as follows:
``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this title--
``(1) $1,500,000 for any fiscal year; but
``(2) not more than a total of $15,000,000.
``(b) Cost Sharing.--Federal funding provided under this title may
not exceed 50 percent of the total cost of any assistance provided
under this title.''.
SEC. 10. CONFORMING AMENDMENT.
Section 110 is amended in the section heading by striking
``service'' and inserting ``system''. | Names Quinebaug- Shetucket Heritage Corridor, Inc. the management entity for the Corridor, with authority to make grants or loans to the States, local governments, nonprofit organizations, and other persons to further the goals set forth in the management plan adopted by the Governor of Connecticut on February 16, 1999.
Specifies regional planning organizations in Massachusetts which shall be involved in preserving the Corridor and ensuring appropriate use of lands and structures throughout it.
Increases the authorization of appropriations, and makes it permanent. | {"src": "billsum_train", "title": "Quinebaug and Shetucket Rivers Valley National Heritage Corridor Reauthorization Act of 1999"} | 1,669 | 116 | 0.566737 | 1.683847 | 0.465905 | 3.670213 | 15.829787 | 0.861702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Social Work
Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Social workers focus on the improvement of individual
and family functioning and the creation of effective health and
mental health prevention and treatment interventions in order
for individuals to become more productive members of society.
(2) Social workers provide front line prevention and
treatment services in the areas of school violence, aging, teen
pregnancy, child abuse, domestic violence, juvenile crime, and
substance abuse, particularly in rural and underserved
communities.
(3) Social workers are in a unique position to provide
valuable research information on these complex social concerns,
taking into account a wide range of social, medical, economic
and community influences from an interdisciplinary, family-
centered and community-based approach.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.),
as amended by title I of Public Law 106-525, is amended--
(1) in section 401(b)(2) (42 U.S.C. 281(b)(2)), by adding
at the end the following:
``(H) The National Center for Social Work Research.''; and
(2) in part E (42 U.S.C. 287 et seq.), by adding at the end
the following:
``Subpart 7--National Center for Social Work Research
``SEC. 485J. PURPOSE OF CENTER.
``The general purpose of the National Center for Social Work
Research (referred to in this subpart as the `Center') is the conduct
and support of, and dissemination of targeted research on social work
methods and outcomes related to problems of significant social concern.
The Center shall promote research and training designed to inform
social work practice, thus increasing the knowledge base which promotes
a healthier America. In addition, the Center shall provide policymakers
with empirically-based research information to better understand
complex social issues and make informed funding decisions about service
effectiveness and cost efficiency.
``SEC. 485K. SPECIFIC AUTHORITIES.
``(a) In General.--To carry out the purpose described in section
485J, the Director of the Center may provide research training and
instruction and establish, in the Center and in other nonprofit
institutions, research traineeships and fellowships in the study and
investigation of the prevention of disease, health promotion, the
association of socioeconomic status, gender, ethnicity, age, and
geographical location and health, the social work care of persons with
and families of individuals with acute and chronic illnesses, child
abuse, neglect, and youth violence, and child and family care to
address problems of significant social concern especially in
underserved populations and underserved geographical areas.
``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training and instruction or traineeships
or fellowships under subsection (a) with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
``(c) Grants.--The Director of the Center may make grants to
nonprofit institutions to provide training and instruction and
traineeships and fellowships under subsection (a).
``SEC. 485L. ADVISORY COUNCIL.
``(a) Duties.--
``(1) In general.--The Secretary shall establish an
advisory council for the Center that shall advise, assist,
consult with, and make recommendations to the Secretary and the
Director of the Center on matters related to the activities
carried out by and through the Center and the policies with respect to
such activities.
``(2) Gifts.--The advisory council for the Center may
recommend to the Secretary the acceptance, in accordance with
section 231, of conditional gifts for study, investigations,
and research and for the acquisition of grounds or
construction, equipment, or maintenance of facilities for the
Center.
``(3) Other duties and functions.--The advisory council for
the Center--
``(A)(i) may make recommendations to the Director
of the Center with respect to research to be conducted
by the Center;
``(ii) may review applications for grants and
cooperative agreements for research or training and
recommend for approval applications for projects that
demonstrate the probability of making valuable
contributions to human knowledge; and
``(iii) may review any grant, contract, or
cooperative agreement proposed to be made or entered
into by the Center;
``(B) may collect, by correspondence or by personal
investigation, information relating to studies that are
being carried out in the United States or any other
country and, with the approval of the Director of the
Center, make such information available through
appropriate publications; and
``(C) may appoint subcommittees and convene
workshops and conferences.
``(b) Membership.--
``(1) In general.--The advisory council shall be composed
of the ex officio members described in paragraph (2) and not
more than 18 individuals to be appointed by the Secretary under
paragraph (3).
``(2) Ex officio members.--The ex officio members of the
advisory council shall include--
``(A) the Secretary of Health and Human Services,
the Director of NIH, the Director of the Center, the
Chief Social Work Officer of the Veterans'
Administration, the Assistant Secretary of Defense for
Health Affairs, the Associate Director of Prevention
Research at the National Institute of Mental Health,
the Director of the Division of Epidemiology and
Services Research, the Assistant Secretary of Health
and Human Services for the Administration for Children
and Families, the Assistant Secretary of Education for
the Office of Educational Research and Improvement, the
Assistant Secretary of Housing and Urban Development
for Community Planning and Development, and the
Assistant Attorney General for Office of Justice
Programs (or the designees of such officers); and
``(B) such additional officers or employees of the
United States as the Secretary determines necessary for
the advisory council to effectively carry out its
functions.
``(3) Appointed members.--The Secretary shall appoint not
to exceed 18 individuals to the advisory council, of which--
``(A) not more than two-thirds of such individual
shall be appointed from among the leading
representatives of the health and scientific
disciplines (including public health and the behavioral
or social sciences) relevant to the activities of the
Center, and at least 7 such individuals shall be
professional social workers who are recognized experts
in the area of clinical practice, education, policy, or
research; and
``(B) not more than one-third of such individuals
shall be appointed from the general public and shall
include leaders in fields of public policy, law, health
policy, economics, and management.
The Secretary shall make appointments to the advisory council
in such a manner as to ensure that the terms of the members do
not all expire in the same year.
``(4) Compensation.--Members of the advisory council who
are officers or employees of the United States shall not
receive any compensation for service on the advisory council.
The remaining members shall receive, for each day (including
travel time) they are engaged in the performance of the
functions of the advisory council, compensation at rates not to
exceed the daily equivalent of the annual rate in effect for an
individual at grade GS-18 of the General Schedule.
``(c) Terms.--
``(1) In general.--The term of office of an individual
appointed to the advisory council under subsection (b)(3) shall
be 4 years, except that any individual appointed to fill a
vacancy on the advisory council shall serve for the remainder
of the unexpired term. A member may serve after the
expiration of the member's term until a successor has been appointed.
``(2) Reappointments.--A member of the advisory council who
has been appointed under subsection (b)(3) for a term of 4
years may not be reappointed to the advisory council prior to
the expiration of the 2-year period beginning on the date on
which the prior term expired.
``(3) Vacancy.--If a vacancy occurs on the advisory council
among the members under subsection (b)(3), the Secretary shall
make an appointment to fill that vacancy not later than 90 days
after the date on which the vacancy occurs.
``(d) Chairperson.--The chairperson of the advisory council shall
be selected by the Secretary from among the members appointed under
subsection (b)(3), except that the Secretary may select the Director of
the Center to be the chairperson of the advisory council. The term of
office of the chairperson shall be 2 years.
``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
``(g) Comments and Recommendations.--The advisory council may
prepare, for inclusion in the biennial report under section 485M--
``(1) comments with respect to the activities of the
advisory council in the fiscal years for which the report is
prepared;
``(2) comments on the progress of the Center in meeting its
objectives; and
``(3) recommendations with respect to the future direction
and program and policy emphasis of the center.
The advisory council may prepare such additional reports as it may
determine appropriate.
``SEC. 485M. BIENNIAL REPORT.
``The Director of the Center, after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report under section 403, a biennial report that shall consist of a
description of the activities of the Center and program policies of the
Director of the Center in the fiscal years for which the report is
prepared. The Director of the Center may prepare such additional
reports as the Director determines appropriate. The Director of the
Center shall provide the advisory council of the Center an opportunity
for the submission of the written comments described in section
485L(g).
``SEC. 485N. QUARTERLY REPORT.
``The Director of the Center shall prepare a quarterly report to
Congress with a summary of findings and policy implications from
research conducted or supported through the Center.
``SEC. 485O. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there is authorized
to be appropriated $30,000,000 for each of the fiscal years 2002
through 2006.''. | National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research (and a related advisory council) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern.Sets forth reporting requirements. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research."} | 2,408 | 68 | 0.527028 | 1.381196 | 1.167361 | 4.793103 | 39.62069 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Tax Fairness Act of
1994''.
SEC. 2. REVISION OF LIMITATION ON DEDUCTION OF POLICYHOLDER DIVIDENDS
BY MUTUAL LIFE INSURANCE COMPANIES.
(a) In General.--Paragraph (2) of section 808(c) of the Internal
Revenue Code of 1986 (relating to reduction in case of mutual
companies) is amended to read as follows:
``(2) Limitation in case of mutual companies.--
``(A) In general.--In the case of a mutual life
insurance company, the amount allowed as a deduction
under paragraph (1) for any taxable year shall not
exceed the lesser of--
``(i) 90 percent of the policyholder
dividends paid or accrued by such company
during such taxable year, or
``(ii) 30 percent of the life insurance
company taxable income of such company for such
taxable year (determined without regard to any
deduction for policyholder dividends).
In no event shall the limitation under this
subparagraph for any taxable year be less than
$35,000,000.
``(B) Treatment of stock companies owned by mutual
life insurance companies.--Solely for purposes of this
paragraph, a stock life insurance company shall be
treated as a mutual life insurance company if stock
possessing--
``(i) at least 80 percent of the total
combined voting power of all classes of stock
of such stock life insurance company entitled
to vote, or
``(ii) at least 80 percent of the total
value of shares of all classes of stock of such
stock life insurance company,
is owned at any time during the calendar year directly
(or through the application of section 318) by one or
more mutual life insurance companies).''
(b) Repeal of Section 809.--
(1) Section 809 of such Code is hereby repealed.
(2) Subparagraph (B) of section 807(a)(2) of such Code is
amended to read as follows:
``(B) the amount of the policyholders' share of
tax-exempt interest,''.
(3) Subparagraph (B) of section 807(b)(1) of such Code is
amended to read as follows:
``(B) the amount of the policyholders' share of
tax-exempt interest,''.
(4) Subparagraph (A) of section 812(b)(3) of such Code is
amended by striking ``sections 808 and 809'' and inserting
``section 808''.
(5) Subsection (c) of section 817 of such Code is amended
by striking ``(other than section 809)''.
(6) Subsection (c) of section 842 of such Code is amended
by striking paragraph (3) and by redesignating paragraph (4) as
paragraph (3).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1993.
(2) Recomputation under section 809(f) not affected.--The
amendments made by this section shall not affect the
application of section 809(f) of the Internal Revenue Code of
1986 (as in effect before its repeal by subsection (b)) in
respect of any taxable year beginning before January 1, 1994.
(3) Limitation on loss carrybacks.--In the case of a life
insurance company subject to the limitation under section
808(b)(2) of such Code, no capital loss arising in a taxable
year beginning after December 31, 1993, may be carried to a
taxable year beginning before January 1, 1994.
SEC. 3. SMALL LIFE INSURANCE COMPANIES EXEMPT FROM REQUIRED
CAPITALIZATION OF CERTAIN POLICY ACQUISITION EXPENSES.
Section 848 of the Internal Revenue Code of 1986 (relating to
capitalization of certain policy acquisition expenses) is amended by
adding at the end the following new subsection:
``(k) Exemption for Small Life Insurance Companies.--This section
shall not require any small life insurance company (as defined in
section 806) to capitalize any specified policy acquisition expenses
for any taxable year beginning after December 31, 1993.''
SEC. 4. SENSE OF CONGRESS RELATING TO USE OF INCREASED REVENUES.
It is the sense of the Congress that any increase in revenues to
the Treasury resulting from the amendments made by this Act shall be
dedicated to the funding of programs benefiting the nutrition, early
education, housing, and family support of the Nation's children. | Insurance Tax Fairness Act of 1994 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies.
Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses.
Expresses the sense of the Congress that revenues resulting from this Act be dedicated to the funding of programs benefiting the nutrition, early education, housing, and family support of the Nation's children. | {"src": "billsum_train", "title": "Insurance Tax Fairness Act of 1994"} | 1,022 | 102 | 0.484197 | 1.166551 | 0.222839 | 5.953488 | 10.581395 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande Natural Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Rio Grande
Natural Area Commission established by section 4(a).
(2) Natural Area.--The term ``Natural Area'' means the Rio
Grande Natural Area established by section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. ESTABLISHMENT OF RIO GRANDE NATURAL AREA.
(a) In General.--There is established the Rio Grande Natural Area
in the State of Colorado to conserve, restore, and protect the natural,
historic, cultural, scientific, scenic, wildlife, and recreational
resources of the Natural Area.
(b) Boundaries.--The Natural Area shall include the Rio Grande
River from the southern boundary of the Alamosa National Wildlife
Refuge to the New Mexico State border, extending \1/4\ mile on either
side of the bank of the River.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and legal
description of the Natural Area.
(2) Effect.--The map and legal description of the Natural Area
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 legal description.
(3) Public availability.--The map and legal description of the
Natural Area shall be available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 4. ESTABLISHMENT OF THE COMMISSION.
(a) Establishment.--There is established the Rio Grande Natural
Area Commission.
(b) Purpose.--The Commission shall--
(1) advise the Secretary with respect to the Natural Area; and
(2) prepare a management plan relating to non-Federal land in
the Natural Area under section 6(b)(2)(A).
(c) Membership.--The Commission shall be composed of 9 members
appointed by the Secretary, of whom--
(1) 1 member shall represent the Colorado State Director of the
Bureau of Land Management;
(2) 1 member shall be the manager of the Alamosa National
Wildlife Refuge, ex officio;
(3) 3 members shall be appointed based on the recommendation of
the Governor of Colorado, of whom--
(A) 1 member shall represent the Colorado Division of
Wildlife;
(B) 1 member shall represent the Colorado Division of Water
Resources; and
(C) 1 member shall represent the Rio Grande Water
Conservation District; and
(4) 4 members shall--
(A) represent the general public;
(B) be citizens of the local region in which the Natural
Area is established; and
(C) have knowledge and experience in the fields of interest
relating to the preservation, restoration, and use of the
Natural Area.
(d) Terms of Office.--
(1) In general.--Except for the manager of the Alamosa National
Wildlife Refuge, the term of office of a member of the Commission
shall be 5 years.
(2) Reappointment.--A member may be reappointed to the
Commission on completion of the term of office of the member.
(e) Compensation.--A member of the Commission shall serve without
compensation for service on the Commission.
(f) Chairperson.--The Commission shall elect a chairperson of the
Commission.
(g) Meetings.--
(1) In general.--The Commission shall meet at least quarterly
at the call of the chairperson.
(2) Public meetings.--A meeting of the Commission shall be open
to the public.
(3) Notice.--Notice of any meeting of the Commission shall be
published in advance of the meeting.
(h) Technical Assistance.--The Secretary and the heads of other
Federal agencies shall, to the maximum extent practicable, provide any
information and technical services requested by the Commission to
assist in carrying out the duties of the Commission.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Cooperative Agreements.--
(1) In general.--For purposes of carrying out the management
plan on non-Federal land in the Natural Area, the Commission may
enter into a cooperative agreement with the State of Colorado, a
political subdivision of the State, or any person.
(2) Requirements.--A cooperative agreement entered into under
paragraph (1) shall establish procedures for providing notice to
the Commission of any action proposed by the State of Colorado, a
political subdivision of the State, or any person that may affect
the implementation of the management plan on non-Federal land in
the Natural Area.
(3) Effect.--A cooperative agreement entered into under
paragraph (1) shall not enlarge or diminish any right or duty of a
Federal agency under Federal law.
(c) Prohibition of Acquisition of Real Property.--The Commission
may not acquire any real property or interest in real property.
(d) Implementation of Management Plan.--
(1) In general.--The Commission shall assist the Secretary in
implementing the management plan by carrying out the activities
described in paragraph (2) to preserve and interpret the natural,
historic, cultural, scientific, scenic, wildlife, and recreational
resources of the Natural Area.
(2) Authorized activities.--In assisting with the
implementation of the management plan under paragraph (1), the
Commission may--
(A) assist the State of Colorado in preserving State land
and wildlife within the Natural Area;
(B) assist the State of Colorado and political subdivisions
of the State in increasing public awareness of, and
appreciation for, the natural, historic, scientific, scenic,
wildlife, and recreational resources in the Natural Area;
(C) encourage political subdivisions of the State of
Colorado to adopt and implement land use policies that are
consistent with--
(i) the management of the Natural Area; and
(ii) the management plan; and
(D) encourage and assist private landowners in the Natural
Area in the implementation of the management plan.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Secretary and the Commission, in coordination with
appropriate agencies in the State of Colorado, political subdivisions
of the State, and private landowners in the Natural Area, shall prepare
management plans for the Natural Area as provided in subsection (b).
(b) Duties of Secretary and Commission.--
(1) Secretary.--The Secretary shall prepare a management plan
relating to the management of Federal land in the Natural Area.
(2) Commission.--
(A) In general.--The Commission shall prepare a management
plan relating to the management of the non-Federal land in the
Natural Area.
(B) Approval or disapproval.--
(i) In general.--The Commission shall submit to the
Secretary the management plan prepared under subparagraph
(A) for approval or disapproval.
(ii) Action following disapproval.--If the Secretary
disapproves the management plan submitted under clause (i),
the Secretary shall--
(I) notify the Commission of the reasons for the
disapproval; and
(II) allow the Commission to submit to the
Secretary revisions to the management plan submitted
under clause (i).
(3) Cooperation.--The Secretary and the Commission shall
cooperate to ensure that the management plans relating to the
management of Federal land and non-Federal land are consistent.
(c) Requirements.--The management plans shall--
(1) take into consideration Federal, State, and local plans in
existence on the date of enactment of this Act to present a unified
preservation, restoration, and conservation plan for the Natural
Area;
(2) with respect to Federal land in the Natural Area--
(A) be developed in accordance with section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712);
(B) be consistent, to the maximum extent practicable, with
the management plans adopted by the Director of the Bureau of
Land Management for land adjacent to the Natural Area; and
(C) be considered to be an amendment to the San Luis
Resource Management Plan of the Bureau of Land Management; and
(3) include--
(A) an inventory of the resources contained in the Natural
Area (including a list of property in the Natural Area that
should be preserved, restored, managed, developed, maintained,
or acquired to further the purposes of the Natural Area); and
(B) a recommendation of policies for resource management,
including the use of intergovernmental cooperative agreements,
that--
(i) protect the resources of the Natural Area; and
(ii) provide for solitude, quiet use, and pristine
natural values of the Natural Area.
(d) Publication.--The Secretary shall publish notice of the
management plans in the Federal Register.
SEC. 7. ADMINISTRATION OF NATURAL AREA.
(a) In General.--The Secretary shall administer the Federal land in
the Natural Area--
(1) in accordance with--
(A) the laws (including regulations) applicable to public
land; and
(B) the management plan; and
(2) in a manner that provides for--
(A) the conservation, restoration, and protection of the
natural, historic, scientific, scenic, wildlife, and
recreational resources of the Natural Area;
(B) the continued use of the Natural Area for purposes of
education, scientific study, and limited public recreation in a
manner that does not substantially impair the purposes for
which the Natural Area is established;
(C) the protection of the wildlife habitat of the Natural
Area;
(D) a prohibition on the construction of water storage
facilities in the Natural Area; and
(E) the reduction in the use of or removal of roads in the
Natural Area and, to the maximum extent practicable, the
reduction in or prohibition against the use of motorized
vehicles in the Natural Area (including the removal of roads
and a prohibition against motorized use on Federal land in the
area on the western side of the Rio Grande River from Lobatos
Bridge south to the New Mexico State line).
(b) Changes in Streamflow.--The Secretary is encouraged to
negotiate with the State of Colorado, the Rio Grande Water Conservation
District, and affected water users in the State to determine if changes
in the streamflow that are beneficial to the Natural Area may be
accommodated.
(c) Private Land.--The management plan prepared under section
6(b)(2)(A) shall apply to private land in the Natural Area only to the
extent that the private landowner agrees in writing to be bound by the
management plan.
(d) Withdrawal.--Subject to valid existing rights, all Federal land
in the Natural Area is 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) disposition under the mineral leasing laws (including
geothermal leasing laws).
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire from willing sellers
by purchase, exchange, or donation land or an interest in land in
the Natural Area.
(2) Administration.--Any land or interest in land acquired
under paragraph (1) shall be administered in accordance with the
management plan and this Act.
(f) Applicable Law.--Section 5(d)(1) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(d)(1)) shall not apply to the Natural Area.
SEC. 8. EFFECT.
Nothing in this Act--
(1) amends, modifies, or is in conflict with the Rio Grande
Compact, consented to by Congress in the Act of May 31, 1939 (53
Stat. 785, ch. 155);
(2) authorizes the regulation of private land in the Natural
Area;
(3) authorizes the imposition of any mandatory streamflow
requirements;
(4) creates an express or implied Federal reserved water right;
(5) imposes any Federal water quality standard within or
upstream of the Natural Area that is more restrictive than would be
applicable had the Natural Area not been established; or
(6) prevents the State of Colorado from acquiring an instream
flow through the Natural Area under the terms, conditions, and
limitations of State law to assist in protecting the natural
environment to the extent and for the purposes authorized by State
law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 10. TERMINATION OF COMMISSION.
The Commission shall terminate on the date that is 10 years after
the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Rio Grande Natural Area Act - (Sec. 3) Establishes the Rio Grande Natural Area in Colorado (which shall include the Rio Grande River from the southern boundary of the Alamosa National Wildlife Refuge to the New Mexico State border, extending 1/4 mile on either side of the bank of the River) to conserve, restore, and protect the natural, historic, cultural, scientific, scenic, wildlife, and recreational resources of the Area.
(Sec. 4) Establishes the Rio Grande Natural Area Commission to: (1) advise the Secretary of the Interior with respect to the Area; and (2) prepare a management plan relating to nonfederal land in the Area.
(Sec. 5) Sets forth provisions governing the powers of the Commission, including authorizing the Commission to enter into cooperative agreements for purposes of carrying out such management plan on nonfederal land in the Area. Prohibits the Commission from acquiring any real property or interest in real property.
Directs the Commission to assist the Secretary in implementing such management plan by carrying out authorized activities to preserve and interpret the Area's natural, historic, cultural, scientific, scenic, wildlife, and recreational resources.
(Sec. 6) Directs the Secretary to prepare a management plan for Federal land in the Area. Requires the Commission to submit its management plan for the management of the nonfederal land in the Area to the Secretary for approval or disapproval.
(Sec. 7) Requires the Secretary to administer the Federal land in the Area in accordance with the laws applicable to public land and the management plan in a manner that provides for: (1) education, scientific study, and limited public recreation; (2) the protection of the wildlife habitat; (3) a prohibition on the construction of water storage facilities; and (4) the reduction in the use or removal of roads in the Area.
Encourages the Secretary to negotiate with the State, the Rio Grande Water Conservation District, and affected water users concerning changes in the streamflow.
Applies the management plan for the nonfederal land to private land in the Area only if the private landowner agrees to be bound by such plan.
Permits the Secretary to acquire land or an interest in land within the Area from willing sellers.
Makes inapplicable Wild and Scenic Rivers Act requirements that Federal agencies consider potential national wild, scenic, and recreational river areas in water and land use planning.
(Sec. 8) Prohibits anything in this Act from: (1) modifying the Rio Grande Compact; (2) regulating private land; (3) imposing any mandatory streamflow requirements; (4) creating an express or implied Federal reserved water right; (5) imposing more restrictive Federal water quality standards; or (6) preventing State acquisition of an instream flow to assist in protecting the natural environment.
(Sec. 9) Authorizes appropriations.
(Sec. 10) Terminates the Commission ten years after the enactment of this Act. | {"src": "billsum_train", "title": "A bill to establish the Rio Grande Natural Area in the State of Colorado, and for other purposes."} | 2,826 | 635 | 0.662166 | 2.20373 | 0.813657 | 4.013962 | 4.617801 | 0.928447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Improvement Tax Cut Act''.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH
PROVIDE ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. CONTRIBUTIONS TO ORGANIZATIONS PROVIDING ELEMENTARY OR
SECONDARY SCHOOL SCHOLARSHIPS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified scholarship
contributions of the taxpayer for the taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $3,000 ($1,500 in the case of a married
individual (as determined under section 7703) filing a separate
return).
``(c) Qualified Scholarship Contribution.--For purposes of this
section--
``(1) In general.--The term `qualified scholarship
contribution' means, with respect to any taxable year, the
amount which would (but for subsection (d)) be allowable as a
deduction under section 170 for cash contributions to a school
tuition organization.
``(2) School tuition organization.--
``(A) In general.--The term `school tuition
organization' means any organization described in
section 170(c)(2) if the annual disbursements of the
organization for elementary and secondary school
scholarships are normally not less than 90 percent of
the sum of such organization's annual gross income and
contributions and gifts.
``(B) Elementary and secondary school
scholarship.--The term `elementary and secondary school
scholarship' means any scholarship excludable from
gross income under section 117 for expenses related to
education at or below the 12th grade.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution for which a credit is allowed
under this section.
``(e) Election to Have Credit not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(f) Cost-of-Living Adjustment.--In the case of any taxable year
beginning in a calendar year after 2005, each dollar amount contained
in subsection (b) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, by substituting `calendar year 2004' for `calendar year
1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of $10, such increase shall be increased to the next highest
multiple of $10. In the case of a married individual (as determined
under section 7703) filing a separate return, the preceding sentence
shall be applied by substituting `$5' for `$10' each place it appears.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including regulations providing for claiming
the credit under this section on Form 1040EZ.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the following new
item:
``25C. Contributions to organizations providing elementary or secondary
school scholarships.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. CREDIT FOR CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND
MATERIALS FOR EXTRACURRICULAR ACTIVITIES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25C the
following new section:
``SEC. 25D. CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND
MATERIALS FOR EXTRACURRICULAR ACTIVITIES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified school materials
contributions of the taxpayer for the taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $3,000 ($1,500 in the case of a married
individual (as determined under section 7703) filing a separate
return).
``(c) Qualified School Materials Contribution.--For purposes of
this section--
``(1) In general.--The term `qualified school materials
contribution' means, with respect to any taxable year, the
amount which would (but for subsection (d)) be allowable as a
deduction under section 170 for--
``(A) any cash contribution to any elementary or
secondary school if such contribution is designated to
be used solely to acquire qualified school materials,
``(B) any contribution of qualified school
materials to any elementary or secondary school, and
``(C) any cash contribution to a school materials
organization.
``(2) Elementary or secondary school.--The term `elementary
or secondary school' means any organization described in
section 170(b)(1)(A)(ii) which provides education solely at or
below the 12th grade.
``(3) School materials organization.--
``(A) In general.--The term `school materials
organization' means any organization described in
section 170(c)(2) if--
``(i) the primary function of the
organization is to raise funds for elementary
or secondary schools, and
``(ii) the annual disbursements of the
organization for qualified school materials
which are provided to elementary and secondary
schools are normally not less than 90 percent
of the sum of such organization's annual gross
income and contributions and gifts.
``(B) Qualified school materials.--The term
`qualified school materials' means--
``(i) instructional materials and
equipment, including library books and
materials, computers, and computer software,
and
``(ii) materials and equipment for school-
sponsored extracurricular activities.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution for which a credit is allowed
under this section.
``(e) Election to Have Credit not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(f) Cost-of-Living Adjustment.--In the case of any taxable year
beginning in a calendar year after 2005, each dollar amount contained
in subsection (b) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, by substituting `calendar year 2004' for `calendar year
1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of $10, such increase shall be increased to the next highest
multiple of $10. In the case of a married individual (as determined
under section 7703) filing a separate return, the preceding sentence
shall be applied by substituting `$5' for `$10' each place it appears.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including regulations providing for claiming
the credit under this section on Form 1040EZ.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25C the following new
item:
``Sec. 25D. Contributions of and for instructional materials and
materials for extracurricular
activities.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Education Improvement Tax Cut Act - Amends the Internal Revenue Code to allow: (1) a tax credit up to $3,000 per year for contributions to a school tuition organization which distributes at least 90 percent of its annual gross income for elementary and secondary school scholarships; and (2) a tax credit up to $3,000 per year for contributions to a school materials organization which distributes at least 90 percent of its annual gross income to elementary and secondary schools for instructional materials and equipment and for materials and equipment for extracurricular activities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts contributed to charitable organizations which provide elementary or secondary school scholarships and for contributions of, and for, instructional materials and materials for extracurricular activities."} | 2,089 | 108 | 0.543714 | 1.240428 | 0.945647 | 2.435644 | 17.851485 | 0.871287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solicitation Enhancement Act of
1993''.
SEC. 2. SOLICITATION EVALUATION AND AWARD.
(a) Solicitation Requirements.--Section 303A of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253a) is
amended--
(1) in subsection (b)(1)(A)--
(A) by inserting ``and significant subfactors''
after ``all significant factors''; and
(B) by striking ``(including price)'' and inserting
``(including cost or price, cost- or price-related
factors, and noncost- or nonprice-related factors)'';
(2) in subsection (b)(1)(B) by inserting ``and significant
subfactors'' after ``factors''; and
(3) by adding at the end the following new subsection:
``(c) In prescribing the evaluation factors to be included in each
solicitation for competitive proposals, the head of an agency or his
designee shall clearly establish the relative importance assigned to
the evaluation factors and significant subfactors, including the
quality of the product or services to be provided (including technical
capability, management capability, and prior experience of the
offeror).''.
(b) Evaluation and Award.--Section 303B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b) is amended--
(1) in subsection (a) by inserting ``and award a contract''
after ``competitive proposals'';
(2) in subsection (c) in the second sentence by inserting
``in accordance with subsection (a)'' after ``shall evaluate
the bids'';
(3) in subsection (d) by amending paragraph (1) to read as
follows:
``(1) The executive agency shall evaluate competitive proposals in
accordance with subsection (a) and may award a contract--
``(A) after discussions with the offerors, if written or
oral discussions have been conducted with all responsible
offerors who submit proposals within the competitive range; or
``(B) without discussions with the offerors (other than
discussions conducted for the purpose of minor clarification),
if the solicitation included a statement that an award could be
made, without discussions, unless discussions are determined to
be necessary.''; and
(4) in subsection (d) by striking paragraphs (2) and (3)
and by redesignating paragraph (4) as paragraph (2).
(c) Application.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to--
(A) solicitations for sealed bids or competitive proposals
issued after the end of the 120-day period beginning on the
date of the enactment of this Act; and
(B) contracts awarded pursuant to those solicitations.
(2) The head of an agency may apply the amendments made by this
section to solicitations issued before the end of the period referred
to in paragraph (1). The head of the agency shall publish in the
Federal Register notice of any such earlier date of application before
the beginning of the 10-day period ending on that date.
SEC. 3. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL PERSONNEL.
(a) Prohibition of Expenditures.--(1) No appropriated funds may be
expended by any agency to award a contract for goods or services to
which the Federal Property and Administrative Services Act of 1949
applies, unless such agency uses employees who are adequately trained
and capable of conducting evaluations and analyses of proposals
submitted for such acquisitions. No person who is not an employee may
be paid by an agency for services to conduct evaluations or analyses of
any aspect of a proposal submitted for an acquisition, unless employees
with adequate training and capabilities to perform such evaluations and
analyses are not readily available within the agency or any other
Federal agency.
(2) In the administration of this subsection, the head of each
agency shall determine the standards of adequate training and
capability of employees to conduct such acquisitions.
(b) Delegation of Procurement Authority.--With respect to
acquisitions subject to section 111 of the Federal Property and
Administrative Services Act of 1949, the Administrator of General
Services may not issue a delegation of procurement authority for an
acquisition without first receiving certification from the contracting
agency that--
(1) such agency has employees within the agency or
available from another agency who are adequately trained and
capable of conducting evaluations and analyses of proposals
submitted for such an acquisition; or
(2)(A) such agency does not have employees within the
agency who are adequately trained and capable of conducting
evaluations and analyses of proposals submitted for such an
acquisition; and
(B) such adequately trained and capable employees are not
readily available from other agencies in accordance with
regulations promulgated by the Federal Acquisition Regulatory
Council under subsection (c).
(c) Federal Acquisition Regulatory Council.--No later than 90 days
after the date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall--
(1) review part 37 of title 48 of the Code of Federal
Regulations as it relates to the use of advisory and assistance
services and provide guidance and promulgate regulations
regarding what actions agencies are required to take to
determine if expertise is readily available within the
Government before contracting for advisory and technical
services to conduct acquisitions; and
(2) provide guidance and promulgate regulations regarding
the manner in which Federal employees with expertise may be
shared with agencies needing expertise for such acquisitions.
(d) Definition.--For purposes of this section the term ``employee''
shall have the same meaning as such term is defined under section 2105
of title 5, United States Code. | Solicitation Enhancement Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to revise solicitation, evaluation, and award procedures for public contracts.
Prohibits the use of appropriated funds to pay for non-Federal employees to evaluate or analyze proposals submitted for an acquisition, unless Federal employees with adequate training and capabilities to perform such activities are not readily available within the agency or any other Federal agency.
Sets forth requirements for the delegation of procurement authority for certain acquisitions in special circumstances.
Directs the Federal Acquisition Regulatory Council to provide guidance and promulgate regulations on what actions agencies must take to determine whether expertise is readily available within the Government and how it may be shared before they contract for advisory and technical services to conduct acquisitions. | {"src": "billsum_train", "title": "Solicitation Enhancement Act of 1993"} | 1,249 | 164 | 0.486018 | 1.385173 | 0.808373 | 3.478873 | 8.169014 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2012''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness's testimony.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph
if that judge determines the action would
constitute a violation of the due process
rights of any party.
(B) No media coverage of jurors.--The presiding
judge shall not permit the photographing, electronic
recording, broadcasting, or televising of any juror in
a trial proceeding, or of the jury selection process.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
(4) Guidelines.--The Judicial Conference of the United
States may promulgate guidelines with respect to the management
and administration of photographing, recording, broadcasting,
or televising described under paragraphs (1) and (2).
(5) Sunset of district court authority.--The authority
under paragraph (2) shall terminate 2 years after the date of
the enactment of this Act.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is desired
has discretion to promulgate rules and disciplinary measures
for the courtroom use of any form of media or media equipment
and the acquisition or distribution of any of the images or
sounds obtained in the courtroom. The presiding judge shall
also have discretion to require written acknowledgment of the
rules by anyone individually or on behalf of any entity before
being allowed to acquire any images or sounds from the
courtroom. | Sunshine in the Courtroom Act of 2012 - Authorizes the presiding judge of a U.S. appellate court (including the Supreme Court) or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party.
Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request.
Authorizes the Judicial Conference to promulgate mandatory guidelines with respect to the management and administration of photographing, recording, broadcasting, or televising described in this Act.
Terminates a district court's authority under this Act two years after enactment of this Act. | {"src": "billsum_train", "title": "To provide for media coverage of Federal court proceedings."} | 1,074 | 242 | 0.593113 | 1.848595 | 0.84545 | 4.373737 | 4.767677 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Accountability Act of 2016''.
SEC. 2. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON PERFORMANCE OR
MISCONDUCT.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 714. Employees: removal or demotion based on performance or
misconduct
``(a) In General.--(1) The Secretary may remove or demote an
individual who is an employee of the Department if the Secretary
determines the performance or misconduct of the individual warrants
such removal or demotion.
``(2) A determination under paragraph (1) that the performance or
misconduct of an individual warrants removal or demotion may consist of
a determination of any of the following:
``(A) The individual neglected a duty of the position in
which the individual was employed.
``(B) The individual engaged in malfeasance.
``(C) The individual failed to accept a directed
reassignment or to accompany a position in a transfer of
function.
``(D) The individual violated a policy of the Department.
``(E) The individual violated a provision of law.
``(F) The individual engaged in insubordination.
``(G) The individual over prescribed medication.
``(H) The individual contributed to the purposeful omission
of the name of one or more veterans waiting for health care
from an electronic wait list for a medical facility of the
Department.
``(I) The individual was the supervisor of an employee of
the Department, or was a supervisor of the supervisor, at any
level, who contributed to a purposeful omission as described in
subparagraph (H) and knew, or reasonably should have known,
that the employee contributed to such purposeful omission.
``(J) Such other performance or misconduct as the Secretary
determines warrants the removal or demotion of the individual
under paragraph (1).
``(3) If the Secretary removes or demotes an individual as
described in paragraph (1), the Secretary may--
``(A) remove the individual from the civil service (as
defined in section 2101 of title 5); or
``(B) demote the individual by means of--
``(i) a reduction in grade for which the individual
is qualified and that the Secretary determines is
appropriate; or
``(ii) a reduction in annual rate of pay that the
Secretary determines is appropriate.
``(4)(A) The Secretary shall delegate authority under paragraph (1)
to each director of a Veterans Integrated Service Network for the
removal and demotion of employees of the department in such network.
``(B) The Secretary shall ensure that authority delegated under
subparagraph (A) can be exercised without intervening action by the
Secretary.
``(b) Pay of Certain Demoted Individuals.--(1) Notwithstanding any
other provision of law, any individual subject to a demotion under
subsection (a)(3)(B)(i) shall, beginning on the date of such demotion,
receive the annual rate of pay applicable to such grade.
``(2) An individual so demoted may not be placed on administrative
leave or any other category of paid leave during the period during
which an appeal (if any) under this section is ongoing, and may only
receive pay if the individual reports for duty. If an individual so
demoted does not report for duty, such individual shall not receive pay
or other benefits pursuant to subsection (e)(5).
``(c) Notice to Congress.--Not later than 30 days after removing or
demoting an individual under subsection (a), the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives notice in writing of such removal or demotion and the
reason for such removal or demotion.
``(d) Procedure.--(1) The procedures under section 7513(b) of title
5 and chapter 43 of such title shall not apply to a removal or demotion
under this section.
``(2)(A) Subject to subparagraph (B) and subsection (e), any
removal or demotion under subsection (a) may be appealed to the Merit
Systems Protection Board under section 7701 of title 5.
``(B) An appeal under subparagraph (A) of a removal or demotion may
only be made if such appeal is made not later than seven days after the
date of such removal or demotion.
``(e) Expedited Review by Administrative Law Judge.--(1) Upon
receipt of an appeal under subsection (d)(2)(A), the Merit Systems
Protection Board shall refer such appeal to an administrative law judge
pursuant to section 7701(b)(1) of title 5. The administrative law judge
shall expedite any such appeal under such section and, in any such
case, shall issue a decision not later than 45 days after the date of
the appeal.
``(2) Notwithstanding any other provision of law, including section
7703 of title 5, the decision of an administrative judge under
paragraph (1) shall be final and shall not be subject to any further
appeal.
``(3) In any case in which the administrative judge cannot issue a
decision in accordance with the 45-day requirement under paragraph (1),
the removal or demotion is final. In such a case, the Merit Systems
Protection Board shall, within 14 days after the date that such removal
or demotion is final, submit to Congress and the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report that explains the reasons why a decision was not issued in
accordance with such requirement.
``(4) The Merit Systems Protection Board or administrative judge
may not stay any removal or demotion under this section.
``(5) During the period beginning on the date on which an
individual appeals a removal from the civil service under subsection
(d) and ending on the date that the administrative judge issues a final
decision on such appeal, such individual may not receive any pay,
awards, bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.
``(6) To the maximum extent practicable, the Secretary shall
provide to the Merit Systems Protection Board, and to any
administrative law judge to whom an appeal under this section is
referred, such information and assistance as may be necessary to ensure
an appeal under this subsection is expedited.
``(f) Whistleblower Protection.--(1) In the case of an individual
seeking corrective action (or on behalf of whom corrective action is
sought) from the Office of Special Counsel based on an alleged
prohibited personnel practice described in section 2302(b) of title 5,
the Secretary may not remove or demote such individual under subsection
(a) without the approval of the Special Counsel under section 1214(f)
of title 5.
``(2) The Office of Special Counsel shall establish--
``(A) a mechanism to expedite cases for corrective action
under paragraph (1); and
``(B) a standard for the approval under paragraph (1) of
removal or demotion under subsection (a), which may include a
determination as to whether the removal or demotion is a
prohibited personnel action.
``(3)(A) Notwithstanding any other provision of law, the Special
Counsel may terminate an investigation of a prohibited personnel
practice alleged by an individual in connection with a removal or
demotion of the individual under subsection (a) only after the Special
Counsel provides to the individual a written statement of the reasons
for the termination of the investigation.
``(B) The written statement provided to the individual under
subparagraph (A) may not be admissible as evidence in any judicial or
administrative proceeding without the consent of such individual.
``(g) Relation to Other Provisions of Law.--(1) The authority
provided by this section is in addition to the authority provided by
subchapter V of chapter 75 of title 5 and chapter 43 of such title.
``(2) Subchapter V of chapter 74 of this title shall not apply to
any action under this section.
``(h) Definitions.--In this section:
``(1) The term `individual' means an individual occupying a
position at the Department of Veterans Affairs but does not
include--
``(A) an individual, as that term is defined in
section 713(g)(1); or
``(B) a political appointee.
``(2) The term `grade' has the meaning given such term in
section 7511(a) of title 5.
``(3) The term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed reassignment or to
accompany a position in a transfer of function.
``(4) The term `political appointee' means an individual
who is--
``(A) employed in a position described under
sections 5312 through 5316 of title 5, (relating to the
Executive Schedule);
``(B) a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, of section 3132(a) of title
5; or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new
item:
``714. Employees: removal or demotion based on performance or
misconduct''.
(2) Conforming.--Section 4303(f) of title 5, United States
Code, is amended--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``, or''; and
(C) by adding at the end the following:
``(4) any removal or demotion under section 714 of title
38.''.
SEC. 3. AUTHORITY TO INVESTIGATE MEDICAL CENTERS.
(a) The Director of a Veterans Integrated Service Network of the
Department may contract with an appropriate entity specializing in
civilian accreditation or health care evaluation to investigate any
medical center within such Network to assess and report deficiencies of
the facilities at such medical center.
SEC. 4. COMPTROLLER GENERAL REPORT ON THE IMPLEMENTATION AND EXECUTION
OF THE VETERANS CHOICE PROGRAM.
(a) Report.--Not later than March 1, 2017, the Comptroller General
of the United States shall submit to the appropriate committees of
Congress a report on the implementation and execution by the Department
of Veterans Affairs of the Veterans Choice Program.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The number of veterans enrolled in and receiving care
through the Veterans Choice Program as of the date of submittal
of the report, disaggregated by--
(A) State;
(B) Veterans Integrated Service Network of the
Department;
(C) medical center of the Department; and
(D) clinic of the Department.
(2) The ability of veterans to fully access the Veterans
Choice Program so that they do not have to travel more than 40
miles to receive care at a medical facility of the Department.
(3) The instances in which veterans have to travel more
than 40 miles to receive care.
(4) The instances in which veterans have been denied care
through the Veterans Choice Program and an analysis of any
systematic policies, including at the national, regional, or
local level, that have led to such denials of care.
(5) The impact of the Veterans Choice Program on reducing
wait times for the receipt of care from the Department.
(6) The effectiveness of the rules, regulations, and
procedures used by the Department to carry out the Veterans
Choice Program.
(7) The difference in implementation of the Veterans Choice
Program--
(A) in each State;
(B) at each Veterans Integrated Service Network of
the Department;
(C) at each medical center of the Department; and
(D) at each clinic of the Department.
(8) The processing of claims for reimbursement for services
provided under the Veterans Choice Program, disaggregated by--
(A) State;
(B) Veterans Integrated Service Network of the
Department;
(C) medical center of the Department; and
(D) clinic of the Department.
(9) The satisfaction of veterans with the Veterans Choice
Program, disaggregated by--
(A) State;
(B) Veterans Integrated Service Network of the
Department;
(C) medical center of the Department; and
(D) clinic of the Department.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs, the
Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) Veterans choice program.--The term ``Veterans Choice
Program'' means hospital care and medical services furnished
under section 101 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701
note). | Department of Veterans Affairs Accountability Act of 2016 This bill authorizes the Department of Veterans Affairs (VA) to remove or demote a VA employee based on performance or misconduct. A determination that the performance or misconduct warrants removal or demotion may consist of any of the following: neglect of duty; malfeasance; failure to accept a directed reassignment or transfer of function; violation of VA policy; violation of law; insubordination; overprescription of medication; or purposeful omission, including by a supervisor, from an electronic wait list of the name of one or more veterans waiting for VA health care. The VA may also remove such individual from the civil service or demote the individual through a reduction in grade or annual pay rate. A demoted individual: (1) shall be paid at the demoted rate as of the date of demotion, (2) may not be placed on administrative leave or any other category of paid leave while an appeal is ongoing, and (3) may only receive pay and other benefits if the individual reports for duty. The VA shall notify Congress of, and the reason for, any removal or demotion. An employee shall have the right to an appeal before the Merit Systems Protection Board within seven days of removal or demotion. An administrative law judge shall have to make a final decision within 45 days of such appeal or the original decision becomes final. The Board or an administrative judge may not stay any removal or demotion. Between the date on which an individual appeals a removal from the civil service and the date on which the administrative judge issues a final decision on the appeal, the individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. The VA may not remove or demote an employee without the approval of the Special Counsel if the individual seeks corrective action from the Office of Special Counsel based on an alleged prohibited personnel practice. The Special Counsel may terminate an investigation of a prohibited personnel practice alleged by a VA employee or former employee after it has given the individual a written statement of the reasons for the termination. The Director of a Veterans Integrated Service Network may contract with an entity specializing in civilian accreditation or health care evaluation to investigate any medical center within the Network to assess deficiencies at such medical center. The Government Accountability Office shall report to Congress on VA implementation of the Veterans Choice Program. | {"src": "billsum_train", "title": "Department of Veterans Affairs Accountability Act of 2016"} | 2,988 | 515 | 0.664745 | 2.275502 | 0.706606 | 4.110879 | 5.910042 | 0.905858 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Act for Responsible
Employment of 2009'' or the ``CARE Act of 2009''.
SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT;
REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS.
(a) Revised Age Requirement.--Section 13(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The provisions of section 12 relating to child labor
shall apply to any employee under 18 years of age employed in
agriculture unless the employee is employed by a parent of the
employee or by a person standing in the place of the parent, on
a farm owned or operated by the parent or person.''; and
(2) by striking paragraph (2).
(b) Repeal of Waiver Provision.--Section 13(c) of such Act (29
U.S.C. 213(c)) is further amended by striking paragraph (4).
SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Paragraph (1) of section 16(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 216(e)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``not to exceed'' and inserting
``of''; and
(B) by amending clauses (i) and (ii) to read as
follows:
``(i) not less than $500 and not more than $15,000 for each
employee who was the subject of such a violation; or
``(ii) not less than $15,000 and not more than $50,000 with
regard to each such violation that causes the serious injury,
serious illness, or death of any employee under the age of 18
years, which penalty may be doubled where the violation is a
repeated or willful violation.''; and
(2) in subparagraph (B) by striking ``the term `serious
injury' means'' and inserting ``the terms `serious injury' and
`serious illness' mean''.
SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR
VIOLATIONS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (a), by striking ``Any person'' and
inserting ``Except as provided in subsection (f), any person'';
and
(2) by adding at the end the following:
``(f) Any person who repeatedly or willfully violates any of the
provisions of section 12, and such violations result in or contribute
to the death or permanent disability of an employee under 18 years of
age at the time of such violation, shall be subject to imprisonment for
not more than five years or a fine under title 18, United States Code,
or both.''.
SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND
RELATED MATTERS.
The Fair Labor Standards Act of 1938 is amended by inserting after
section 12 (29 U.S.C. 212) the following new section:
``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED
MATTERS.
``(a) Data Analysis.--Using the sources specified in subsection
(b), the Secretary shall analyze data concerning children under the age
of 18 who are employed in agriculture, and with respect to such
children, each work-related injury, illness, or death.
``(b) Sources Specified.--The sources referred to in subsection (a)
are the following:
``(1) Sources within the Department of Labor, including the
Wage and Hour Division, the Bureau of Labor Statistics, and the
Occupational Safety and Health Administration.
``(2) State employment security agencies and other relevant
State agencies.
``(3) The National Institute for Occupational Safety and
Health.
``(c) Report.--The Secretary shall submit an annual report to
Congress which shall include--
``(1) a summary of the data collected by the Secretary
under this section and section 12B;
``(2) an evaluation, based on such data, that reflects the
status of child labor and related safety and health hazards;
and
``(3) any information, based on such data, that leads the
Secretary to believe that children under 18 years of age may
have been employed in violation of section 12.
The Secretary shall publish each such report in the Federal Register
and shall ensure that such reports are posted on the Department of
Labor website.''.
SEC. 6. EMPLOYER REPORTING REQUIREMENTS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 12A, as added by section 5, the
following new section:
``SEC. 12B EMPLOYER REPORTING REQUIREMENTS.
``(a) Report.--Not later than 5 days after an event specified under
subsection (b), the employer involved in the event shall submit a
report to the Secretary in accordance with subsection (c).
``(b) Events Specified.--An event referred to in subsection (a)
is--
``(1) a work-related serious injury to an employee under 18
years of age employed in agriculture;
``(2) the discovery of a work-related serious illness of an
employee under 18 years of age employed in agriculture; or
``(3) the work-related death of an employee under 18 years
of age employed in agriculture.
``(c) Contents of Report.--The report required by subsection (a)
shall include--
``(1) the name and address of the employer;
``(2) the name, address, and age of the employee;
``(3) details relevant to the incident, to include
environmental hazards, such as chemicals or pesticide exposure;
use of machinery or tools at time of incident; work tasks
performed at time of incident; and other details relating to
the incident; and
``(4) such other information as the Secretary of Labor may
by regulation prescribe.
``(d) Penalty for Failure To Report.--The Secretary may assess a
civil penalty on any employer who fails to file a report as required by
this section in an amount not less than $500 and not more than $7,000
per violation.
``(e) Definition.--As used in this section, the terms `serious
injury' and `serious illness' have the meanings given such terms in
section 16(e)(1)(B).''.
SEC. 7. PESTICIDE-RELATED WORKER PROTECTION STANDARD.
Congress finds and declares that the employment of children under
the age of 18 in any occupation or under any circumstances inconsistent
with the worker protection standard for workers exposed to pesticides
in part 170 of title 40, Code of Federal Regulations, is particularly
hazardous to such children and detrimental to their health and well-
being. The Secretary of Labor shall, not later than 180 days after the
date of enactment of this Act, revise part 570 of title 29, Code of
Federal Regulations, to prohibit the employment of a child under the
age of 18 in any occupation or under any circumstances not permitted by
part 170 of title 40, Code of Federal Regulations.
SEC. 8. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS.
(a) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall issue final rules
to implement the amendments made by sections 2 through 6 and the
revision required by section 7. The rules issued under this subsection
shall take effect not later than 30 days after the date on which the
final rules are published in the Federal Register.
(b) Violations.--The amendments made by sections 2, 3, 4, and 6 and
the revision required by section 7 shall apply to violations of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur
after the date on which the rules issued under subsection (a) take
effect.
(c) Rule of Construction.--Nothing in the amendments made by
section 2, 3, 4, or 6 or in the revision required by section 7 shall be
construed to preempt any State law that provides protections or
remedies for employees that are greater than the protections or
remedies provided under such amendments or such revision.
(d) Employer Reporting Requirements.--The employer reporting
requirements of section 12B of the Fair Labor Standards Act of 1938, as
added by section 6, shall take effect on the date on which the final
rules issued under subsection (a) take effect.
SEC. 9. EFFECTIVE DATE.
This Act (other than section 8) and the amendments made by this Act
shall take effect on the date that is 30 days after the regulations
required under section 8 are published in the Federal Register. | Children's Act for Responsible Employment of 2009 or the CARE Act of 2009 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment.
Applies such child labor prohibitions with respect to any employee under 18 employed in agriculture unless employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person.
Eliminates any waiver of such prohibitions for hand-harvesting of certain crops.
Increases civil and establishes criminal penalties for child labor violations.
Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries, illnesses, or deaths of agricultural employees under age 18.
Directs the Secretary to revise federal child labor regulations to prohibit the employment of children under 18 in occupations that prohibit exposure to pesticides. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor."} | 2,049 | 207 | 0.587397 | 1.574593 | 0.772076 | 3.111732 | 10.234637 | 0.888268 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Patent Application Publication Act
of 1994''.
SEC. 2. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
Section 102(e) of title 35, United States Code, is amended to read
as follows:
``(e) the invention was described in--
``(1) an application for patent, published under section
122(b), by another filed in the United States before the
invention thereof by the applicant for patent; or
``(2) a patent granted on an application for patent by
another filed in the United States before the invention thereof
by the applicant for patent, or on an international application
by another who has fulfilled the requirements of paragraphs
(1), (2), and (4) of section 371(c) of this title before the
invention thereof by applicant for patent, or''.
SEC. 3. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.
(a) In a Foreign Country.--The second paragraph of section 119 of
title 35, United States Code, is amended to read as follows:
``No application for patent shall be entitled to this right of
priority unless a claim therefor and a certified copy of the original
foreign application, specification and drawings upon which it is based
are filed in the Patent and Trademark Office at such time during the
pendency of the application as required by the Commissioner. The
Commissioner may consider the failure of the applicant to file a timely
claim for priority as a waiver of any such claim. The certification of
the original foreign application, specification and drawings shall be
made by the patent office of the foreign country in which filed and
show the date of the application and of the filing of the specification
and other papers. The Commissioner may require a translation of the
papers filed if not in the English language and such other information
as he deems necessary.
(b) In the United States.--Section 120 of title 35, United States
Code, is amended by adding at the end thereof the following: ``The
Commissioner may determine the time period within which an amendment
containing the specific reference to the earlier filed application
shall be submitted.''.
SEC. 4. EARLY PUBLICATION.
(a) In General.--Section 122 of title 35, United States Code, is
amended to read as follows:
``Sec. 122. Confidential status of applications; publication of patent
applications
``(a) Except as provided in subsection (b), applications for
patents shall be kept in confidence by the Patent and Trademark Office
and no information concerning the same given without authority of the
applicant or owner unless necessary to carry out the provisions of any
Act of Congress or in such special circumstances as may be determined
by the Commissioner.
``(b) Each application for patent shall be published, in accordance
with procedures as determined by the Commissioner, as soon as possible
after the expiration of a period of 18 months from the earliest filing
date for which a benefit is sought under this title, except that an
application that is no longer pending shall not be published and an
application subject to a secrecy order under section 181 of this title
shall not be published. An application not subject to a secrecy order
under section 181 of this title may be published earlier than the
expiration date described in the preceding sentence at the request of
the applicant. No information concerning published patent applications
shall be made available to the public except as the Commissioner shall
determine. Notwithstanding any other provision of law, a determination
by the Commissioner to release or not to release information concerning
a published patent application shall be final and nonreviewable.''.
(b) Cost Recovery for Publication.--The Commissioner shall recover
the cost of early publication required by the amendment made under
subsection (a) by adjusting the filing, issue and maintenance fees, by
charging a separate publication fee, or by any combination of these
methods.
SEC. 5. PROVISIONAL RIGHTS.
Section 154 of title 35, United States Code, is amended--
(1) by inserting ``(a)'' before ``Every patent''; and
(2) by adding at the end thereof the following new
subsection:
``(b)(1) In addition to other rights provided by this section, a
patent shall include the right to obtain a reasonable royalty from any
person who, during the period from publication of the application for
such patent under subsection 122(b) of this title until issue of that
patent--
``(A)(i) makes, uses, or sells in the United States the
invention as claimed in the published patent application or
imports such an invention into the United States; or
``(ii) if the invention as claimed in the published patent
application is a process, uses or sells in the United States or
imports into the United States products made by that process as
claimed in the published patent application; and
``(B) had actual notice or knowledge of the published
patent application.
``(2) The right to obtain a reasonable royalty shall not be
available under this subsection unless the invention claimed in the
patent is substantially identical to the invention as claimed in the
published patent application.''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(1) Section 12 of title 35, United States Code, is amended by
inserting ``published applications and'' before ``patents''.
(2) Section 13 of title 35, United States Code, is amended by
inserting ``published applications and'' before ``patents''.
(3) The table of sections for chapter 11 of title 35, United States
Code, is amended in the item relating to section 122 by inserting ``;
publication of patent applications'' after ``applications''.
(4) The table of sections for chapter 14 of title 35, United States
Code, is amended in the item relating to section 154 by inserting ``;
provisional rights'' after ``patent''.
(5) Section 181 of title 35, United States Code, is amended--
(A) in the first paragraph--
(i) by inserting ``by the publication of an
application or'' after ``disclosure''; and
(ii) by inserting ``the publication of an
application or'' after ``withhold'';
(B) in the second paragraph by inserting ``by the
publication of an application or'' after ``disclosure of an
invention'';
(C) in the third paragraph--
(i) by inserting ``by the publication of the
application or'' after ``disclosure of the invention'';
and
(ii) by inserting ``the publication of the
application or'' after ``withhold''; and
(D) in the fourth paragraph of the first sentence by
inserting ``the publication of an application or'' after ``kept
secret and''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Subject to subsection (b), sections 2 through 6
shall take effect on January 1, 1996 and shall apply to all national
applications filed in the United States on or after such date.
(b) Provisional Rights.--The amendment made by section 5 of this
Act shall only apply to applications subject to a term beginning on the
date on which the patent issues and ending--
(1) 20 years after the date on which the application for
patent was filed in the United States; or
(2) if the application contains a specific reference to an
earlier filed application or applications under sections 120,
121 or 365(c) of title 35, United States Code, 20 years after
the date on which the earliest such application was filed. | Patent Application Publication Act of 1994 - Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States before the invention thereof by the applicant.
Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner of Patents. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim.
Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted.
Requires each patent application to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner.
Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees.
Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is substantially identical to that claimed in the published application. | {"src": "billsum_train", "title": "Patent Application Publication Act of 1994"} | 1,690 | 466 | 0.684278 | 2.114228 | 0.844294 | 5.385714 | 3.807143 | 0.947619 |
SECTION 1. AMENDMENT TO FEDERAL HOME LOAN BANK ACT.
Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is
amended by adding at the end the following new subsection:
``(w) State Contributions.--
``(1) Cumulative determinations of state resolution
costs.--
``(A) In general.--Except as provided in
subparagraph (B), not later than 90 days after the end
of each calendar year beginning with calendar year
1993, the Corporation shall determine the aggregate of
the amounts expended during the period beginning on
January 1, 1989, and ending at the end of each such
calendar year, in providing assistance for case
resolutions and other assistance with respect to all
institutions that were State savings associations on or
after January 1, 1989, and--
``(i) were then insured by the Federal
Savings and Loan Insurance Corporation; or
``(ii) are members of the Savings
Association Insurance Fund.
``(B) Calendar year 1993.--The Corporation shall
make the determination described in subparagraph (A)
with respect to amounts expended during calendar year
1993 on the later of the date which is 90 days after
the end of such calendar year, or the date of the
enactment of this subsection.
``(C) Expenditures by any fdic, fslic resolution
fund, and other applicable agencies taken into
account.--In making the determination under
subparagraph (A) of the amount of assistance for case
resolutions and other assistance with respect to
institutions described in such subparagraph, assistance
provided by the Federal Savings and Loan Insurance
Corporation, the FSLIC Resolution Fund, the Federal
Deposit Insurance Corporation, the Federal Home Loan
Bank Board, any Federal home loan bank, and any other
appropriate Federal agency shall be taken into account
by the Corporation.
``(2) Cumulative apportionments of state resolution costs
among the states.--After determining the amount for a period
under paragraph (1), the Corporation shall apportion that
amount among the States according to the amounts expended
during such period in providing assistance for case resolutions
and other assistance with respect to all institutions described
in paragraph (1) located in each respective State.
``(3) Contributions required from high risk states.--Each
high risk State shall pay the Corporation an amount equal to--
``(A) the product of--
``(i) the current State percentage share of
State resolution costs, minus 2 times the State
percentage share of 1980 State deposits; and
``(ii) 25 percent of the aggregate amount
currently determined by the Corporation under
paragraph (1); minus
``(B) the aggregate of the amounts previously paid
by the State under this paragraph, minus the aggregate
of the rebates (if any) paid to the State under
paragraph (8).
``(4) High risk states.--A State is a high risk State for
purposes of this subsection if--
``(A) the current State percentage share of State
resolution costs; exceeds
``(B) 2 times the State percentage share of 1980
State deposits.
``(5) Current state percentage share of state resolution
costs.--For purposes of this subsection, the term `current
State percentage share of State resolution costs' means--
``(A) the amount apportioned to the State under
paragraph (2) based on the determination made under
paragraph (1) for the period beginning on January 1,
1989, and ending at the end of the most recent calendar
year; divided by
``(B) the amount determined under paragraph (1)
with respect to the State for the period beginning on
January 1, 1989, and ending at the end of the most
recent calendar year.
``(6) State percentage share of 1980 state deposits.--For
purposes of this subsection, the term `State percentage share
of 1980 State deposits' means--
``(A) the amount of deposits in 1980 in
institutions described in paragraph (1) located in the
State; divided by
``(B) the total deposits in 1980 in all
institutions described in paragraph (1).
``(7) Contribution payment terms.--
``(A) In general.--Except as provided in
subparagraph (B), the contribution currently required
of any State under paragraph (3) shall be due at the
end of the 6-month period beginning on the date the
Corporation makes its current apportionment to the
State under paragraph (2).
``(B) Multiyear agreements.--If the contribution
currently required of any State under paragraph (3)
exceeds $1,000,000,000, such State may enter into an
agreement with the Corporation to pay such amount, with
interest accruing in accordance with section 3717(a) of
title 31, United States Code, over the 4-year period
beginning on the date on which such contribution would
otherwise be due under subparagraph (A), and such State
shall be treated as meeting the requirements of this
subsection so long as such State is in compliance with
the terms of such agreement.
``(8) Contribution rebates.--If, with respect to a State,
the result of the calculation described in paragraph (3)(B)
exceeds the result of the calculation described in paragraph
(3)(A), the Corporation shall rebate such excess amount to the
State, with interest accruing in accordance with section
3717(a) of title 31, United States Code.
``(9) Termination of insurance if state fails to pay
required contributions.--
``(A) In general.--If any State fails to pay the
contribution required of such State under paragraph
(3)--
``(i) the Corporation shall notify the
Federal Deposit Insurance Corporation of such
failure; and
``(ii) the Federal Deposit Insurance
Corporation shall terminate, subject to
paragraphs (2)(B) and (6) of section 8(a) of
the Federal Deposit Insurance Act, the deposit
insurance for State depository institutions (as
defined in section 3(c)(5) of the Federal
Deposit Insurance Act) located in such State at
the end of the 6-month period beginning on the
date the contribution was due under paragraph
(7).
``(B) Transition.--The insured deposits of each
depositor at any State depository institution the
insured status of which is terminated pursuant to
subparagraph (A) shall continue to be insured on a
temporary basis in the manner provided in section
8(a)(7) of the Federal Deposit Insurance Act.
``(10) Restoration of insurance.--Paragraph (9) shall cease
to apply with respect to State depository institutions located
in any State described in such paragraph after the date on
which the Corporation notifies the Federal Deposit Insurance
Corporation that such State has paid all of the contributions
required of the State under this subsection, together with any
interest accrued on such amount in accordance with section
3717(a) of title 31, United States Code.''. | Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation to: (1) determine the aggregate amounts expended in providing assistance for case resolutions during a certain time period for federally insured State savings associations; and (2) apportion those amounts among the States according to a specified formula reflecting their respective contributions to the cost of resolving State-chartered thrifts since 1988 (thus resulting in higher contributions from high-risk States).
Requires the Federal Deposit Insurance Corporation to terminate the deposit insurance for State depository institutions located in any State which fails to pay the required contributions. | {"src": "billsum_train", "title": "A bill to provide for regional equity in funding resolution of failed savings associations, and for other purposes."} | 1,453 | 128 | 0.613874 | 1.716231 | 0.635688 | 2.292035 | 12.575221 | 0.80531 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the First State National Historical Park established by section
3(a)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Delaware.
SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (3), there is
established in the State the First State National Historical
Park, to be administered as a unit of the National Park System.
(2) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret the nationally significant
cultural and historic resources in the State that are
associated with--
(A) early Dutch, Swedish, and English settlement of
the Colony of Delaware; and
(B) the role of Delaware as the first State to
ratify the Constitution.
(3) Determination by secretary.--
(A) In general.--The historical park shall not be
established until the date on which the Secretary
determines that sufficient land or interests in land
have been acquired from among the sites described in
subsection (b) to constitute a manageable park unit.
(B) Notice.--Not later than 30 days after making a
determination under subparagraph (A), the Secretary
shall publish a notice in the Federal Register of the
establishment of the historical park, including an
official boundary map for the historical park.
(C) Availability of map.--The map published under
subparagraph (B) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
(b) Historic Sites.--The Secretary may include the following sites
in the State within the boundary of the historical park:
(1) The Old Sherriff's House in New Castle County,
Delaware.
(2) Fort Christina National Historic Landmark in New Castle
County, Delaware.
(3) Old Swedes Church National Historic Landmark in New
Castle County, Delaware.
(4) Old New Castle Courthouse in New Castle, Delaware.
(5) John Dickinson Plantation National Historic Landmark in
Kent County, Delaware.
(6) Dover Green in Kent County, Delaware.
(7) Ryves Holt House in Sussex County, Delaware.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Land Acquisition.--
(1) In general.--The Secretary may acquire all or a portion
of any of the sites described in section 3(b), including
easements or other interests in land, by purchase from a
willing seller, donation, or exchange.
(2) Boundary adjustment.--On acquisition of land or an
interest in land under paragraph (1), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Interpretive Tours.--The Secretary may provide interpretive
tours to sites and resources in the State that are located outside the
boundary of the historical park and associated with the purposes for
which the historical park is established, including--
(1) Fort Casimir;
(2) DeVries Monument;
(3) Amstel House;
(4) Dutch House; and
(5) Zwaanendael Museum.
(d) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the State,
institutions of higher education, nonprofit organizations, and
individuals to mark, interpret, and restore nationally
significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement
provides for reasonable public access to the resources.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under paragraph (1) shall be not
more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share may be in the form of in-kind contributions or
goods or services fairly valued.
(e) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary shall complete a management plan for
the historical park.
(2) Applicable law.--The management plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16
U.S.C. 1a-7(b)) and other applicable laws.
SEC. 5. NATIONAL LANDMARK STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary shall
complete a study assessing the historical significance of additional
properties in the State that are associated with the purposes of
historical park.
(b) Requirements.--The study prepared under subsection (a) shall
include an assessment of the potential for designating the additional
properties as National Historic Landmarks.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System.
Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and Delaware's role as the first state to ratify the Constitution.
Requires the completion of a management plan for the Park.
Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park. | {"src": "billsum_train", "title": "To establish the First State National Historical Park in the State of Delaware, and for other purposes."} | 1,227 | 130 | 0.616282 | 1.513736 | 0.628643 | 4.681416 | 9.99115 | 0.911504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Rebate Act of 2012''.
TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES
SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by striking section 43
(and the table of sections of such subpart is amended by striking the
item relating to such section).
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking paragraph (6) and redesignating paragraphs (7) through
(36) as paragraphs (6) through (35), respectively.
(2) Paragraph (7) of section 45Q(d) of such Code is amended
to read as follows:
``(7) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2009, there shall be
substituted for each dollar amount contained in
subsection (a) an amount equal to the product of--
``(i) such dollar amount, multiplied by
``(ii) the inflation adjustment factor for
such calendar year.
``(B) Inflation adjustment factor.--The term
`inflation adjustment factor' means, with respect to
any calendar year, a fraction the numerator of which is
the GNP implicit price deflator for the preceding
calendar year and the denominator of which is the GNP
implicit price deflator for 2008. For purposes of the
preceding sentence, the term `GNP implicit price
deflator' means the first revision of the implicit
price deflator for the gross national product as
computed and published by the Secretary of Commerce.
Not later than April 1 of any calendar year, the
Secretary shall publish the inflation adjustment factor
for the preceding calendar year.''.
(3) Subsection (c) of section 196 of such Code is amended
by striking paragraph (5) and redesignating paragraphs (6)
through (14) as paragraphs (5) through (13), respectively.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2012.
(2) Continuation of basis reductions.--Paragraph (2) of
section 43(d) of the Internal Revenue Code of 1986 (as in
effect before its repeal by this section) shall continue to
apply with respect to credits determined for taxable years
beginning on or before December 31, 2012.
SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL
WELLS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by striking section 45I
(and the table of sections of such subpart is amended by striking the
item relating to such section).
(b) Conforming Amendment.--Subsection (b) of section 38 of such
Code, as amended by section 101, is amended by striking paragraph (18)
and redesignating paragraphs (19) through (35) as paragraphs (18)
through (34), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT
COSTS.
(a) In General.--Section 263 of the Internal Revenue Code of 1986
is amended by striking subsection (c).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.
SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking section 193 (and
the table of sections of such subpart is amended by striking the item
relating to such section).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING
INTERESTS IN OIL AND GAS PROPERTIES.
(a) In General.--Paragraph (3) of section 469(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Termination.--Subparagraph (A) shall not
apply with respect to any taxable year beginning after
the date of the enactment of this Act.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.
SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS.
(a) In General.--Part I of subchapter I of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking section 613A (and
the table of sections of such part is amended by striking the item
relating to such section).
(b) Conforming Amendments.--
(1) Subsection (d) of section 45H of such Code is amended--
(A) by striking ``For purposes this section'' and
inserting the following:
``(1) In general.--For purposes of this section'',
(B) by striking ``(within the meaning of section
613A(d)(3))'', and
(C) by adding at the end the following new
paragraph:
``(2) Related person.--For purposes of this subsection, a
person is a related person with respect to the taxpayer if a
significant ownership interest in either the taxpayer or such
person is held by the other, or if a third person has a
significant ownership interest in both the taxpayer and such
person. For purposes of the preceding sentence, the term
`significant ownership interest' means--
``(A) with respect to any corporation, 5 percent or
more in value of the outstanding stock of such
corporation,
``(B) with respect to a partnership, 5 percent or
more interest in the profits or capital of such
partnership, and
``(C) with respect to an estate or trust, 5 percent
or more of the beneficial interests in such estate or
trust.
For purposes of determining a significant ownership interest,
an interest owned by or for a corporation, partnership, trust,
or estate shall be considered as owned directly both by itself
and proportionately by its shareholders, partners, or
beneficiaries, as the case may be.''.
(2) Subparagraph (F) of section 56(g)(4) of such Code is
amended to read as follows:
``(F) Depletion.--The allowance for depletion with
respect to any property placed in service in a taxable
year beginning after December 31, 1989, shall be cost
depletion determined under section 611.''.
(3) Paragraph (1) of section 57(a) of such Code is amended
by striking the last sentence.
(4) Paragraph (4) of section 291(b) of such Code is amended
by adding at the end the following: ``Any reference in the
preceding sentence to section 613A shall be treated as a
reference to such section as in effect prior to the date of the
enactment of the Gas Rebate Act of 2012.''.
(5) Subsection (d) of section 613 of such Code is amended
by striking ``Except as provided in section 613A, in the case
of'' and inserting ``In the case of''.
(6) Subsection (e) of section 613 of such Code is amended--
(A) by striking ``or section 613A'' in paragraph
(2), and
(B) by striking ``any amount described in section
613A(d)(5)'' in paragraph (3) and inserting ``any lease
bonus, advance royalty, or other amount payable without
regard to production from property''.
(7) Subsection (a) of section 705 of such Code is amended--
(A) by inserting ``and'' at the end of paragraph
(1)(C),
(B) by striking ``; and'' at the end of paragraph
(2)(B) and inserting a period, and
(C) by striking paragraph (3).
(8) Section 776 of such Code is amended by striking
subsection (a) and by redesignating subsection (b) as
subsection (a).
(9) Subparagraph (D) of section 954(g)(2) of such Code is
amended by inserting ``(as in effect before the date of the
enactment of the Gas Rebate Act of 2012)'' after ``section
613A''.
(10) Subparagraph (C) of section 993(c)(2) of such Code is
amended by striking ``section 613 or 613A'' and inserting
``section 613 (determined without regard to subsection (d)
thereof)''.
(11) Subparagraph (D) of section 1202(e)(3) of such Code is
amended by striking ``section 613 or 613A'' and inserting
``section 613 (determined without regard to subsection (d)
thereof)''.
(12) Paragraph (2) of section 1367(a) of such Code is
amended by inserting ``and'' at the end of subparagraph (C), by
striking ``, and'' at the end of subparagraph (D) and inserting
a period, and by striking subparagraph (E).
(13) Subsection (c) of section 1446 of such Code is amended
by striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2012.
SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION
ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS
ACTIVITIES.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting ``, and'', and by inserting after clause (iii) the following
new clause:
``(iv) the production, refining,
processing, transportation, or distribution of
oil, gas, or any primary product thereof.''.
(b) Conforming Amendment.--Subsection (d) of section 199 of such
Code is amended by striking paragraph (9) and by redesignating
paragraph (10) as paragraph (9).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES.
(a) In General.--Subsection (h) of section 167 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``24-month'' in paragraphs (1) and (4) and
inserting ``7-year'', and
(2) by striking paragraph (5).
(b) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after December 31, 2012.
TITLE II--REGISTERED VEHICLE OWNER REBATE
SEC. 201. REGISTERED VEHICLE OWNER REBATE.
(a) In General.--Each person who is a registered motor vehicle
owner as of the date of the enactment of this Act, shall be treated as
having made a payment against the tax imposed by chapter 1 of the
Internal Revenue Code of 1986 for the taxable year during which such
date occurs in an amount equal to the motor vehicle owner rebate amount
with respect to such person.
(b) Motor Vehicle Owner Rebate Amount.--For purposes of this
section, the motor vehicle owner rebate amount with respect to any
person is an amount equal to--
(1) the number of motor vehicles registered by such person
in the United States, multiplied by
(2) an amount equal to--
(A) the amount of revenue that the Secretary of the
Treasury estimates will be received in the Treasury
after December 31, 2012, and before December 31, 2022,
which is attributable to title I of the Gas Rebate Act
of 2012 and the amendments made thereby, divided by
(B) the number of motor vehicles registered by all
persons in the United States.
(c) Advance Payment.--
(1) In general.--The Secretary of the Treasury shall,
subject to provisions of the Internal Revenue Code of 1986,
refund or credit any overpayment attributable to this section
as rapidly as possible.
(2) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
(d) Definition and Special Rules.--For purposes of this section--
(1) Motor vehicle.--The term ``motor vehicle'' means any
vehicle which is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle operated
exclusively on rail or rails) and which has at least 4 wheels.
(2) Registration.--A motor vehicle shall not be treated as
registered in the United States unless such vehicle is situated
within the United States and registered under the laws of one
of the several States.
(3) Long-term lease agreements.--In the case of a person
who leases a vehicle under a lease agreement with an
uninterrupted lease term of 1 year or more, such person (and
not the lessor of the vehicle) shall be treated as the
registered vehicle owner.
(4) No payments to government entities.--Motor vehicles
owned by any Federal, State, local, or foreign government (or
any political subdivision, agency, or instrumentality thereof)
shall not be taken into account.
(e) Coordination With State Authorities.--For purposes of this
section, the Secretary of the Treasury shall prescribe such rules, and
consult with such State authorities, as may be necessary or appropriate
to determine the registered motor vehicle owners to whom this section
applies and to prevent erroneous rebates and double-counting of motor
vehicles. | Gas Rebate Act of 2012 - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells.
Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends to seven years the required amortization period for geological and geophysical expenditures.
Allows registered motor vehicle owners a rebate against income tax based on their share of revenues saved from the repeal of the tax incentives for oil and gas companies by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal certain tax breaks for gas and oil companies and to refund the revenue savings to registered vehicle owners."} | 3,209 | 207 | 0.458084 | 1.250921 | 0.574312 | 3.62766 | 15.218085 | 0.904255 |
SECTION 101. SHORT TITLE.
This Act may be cited as the ``National Highway System Designation
Act of 1995''.
SEC. 102. NATIONAL HIGHWAY SYSTEM DESIGNATION.
Section 103 of title 23, United States Code, is amended by
inserting after subsection (b) the following:
``(c) National Highway System Designation.--
``(1) Designation.--The most recent National Highway System
(as of the date of enactment of this Act) as submitted by the
Secretary of Transportation pursuant to this section is
designated as the National Highway System.
``(2) Modifications.--
``(A) In general.--At the request of a State, the
Secretary may--
``(i) add a new route segment to the
National Highway System; or
``(ii) delete a route segment in existence
on the date of the request;
if the total mileage of the National Highway System
(including any route segment proposed to be added under
this subparagraph) does not exceed 168,000 miles
(270,480 kilometers).
``(B) Procedures for changes requested by states.--
Each State that makes a request for a change in the
National Highway System pursuant to subparagraph (A)
shall establish that each change in a route segment
referred to in the subparagraph has been identified by
the State, in cooperation with local officials,
pursuant to applicable transportation planning
activities for metropolitan areas carried out under
section 134 of this title and statewide planning
processes carried out under section 135 of this title.
``(3) Approval by the secretary.--The Secretary may approve
a request made by a State for a change in the National Highway
System pursuant to paragraph (2) if the Secretary determines
that the change--
``(A) meets the criteria established for the
National Highway System under this title; and
``(B) enhances the national transportation
characteristics of the National Highway System.''.
SEC. 201. SHORT TITLE.
This title may be cited as the ``Financing Improvement Act of
1995''.
SEC. 202. LIMITATION ON ADVANCE CONSTRUCTION.
Section 115(d) of title 23, United States Code, is amended to read
as follows:
``(d) Limitation on Advanced Funding.--Secretary may not approve an
application under this section unless the project is included in the
State's transportation improvement program in accordance with section
135 of this title.''.
SEC. 203. PAYMENT TO STATES FOR CONSTRUCTION, FLEXIBLE TAPERED SHARE.
(a) State Matching Share.--Section 120 of title 23, United States
Code, is amended by adding the following new subsection:
``(j) Use of Other Federal Funding.--Notwithstanding any other
provision of this title, a State may use Federal funds from sources
other than this title to meet the non-Federal share of a project under
this title.''.
(b) Payments.--Section 121(a) of title 23, United States Code, is
amended to read as follows:
``(a) The Secretary may in his discretion, from time to time, make
payments to a State for costs of construction incurred by the State on
a project. The Federal share may vary during the life of a project, but
at no time shall such share exceed the Federal share payable under
sections 106(c), 120, and 130 of this title.''.
(c) Conforming Amendment.--Section 121(d) of such title is amended
as follows:
``(d) In making final payment pursuant to this section, the
Secretary shall be bound by the limitations with respect to the
permissible amounts of such payment contained in sections 106(c), 120,
and 130 of this title.''.
SEC. 204. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL ROADS THAT HAVE A
DEDICATED REVENUE SOURCE, AND FERRIES.
Section 129 of title 23, United States Code, is amended--
(1) by revising the title to read as follows:
``Sec. 129. Toll roads, bridges, tunnels, non-toll roads that have a
dedicated revenue source, and ferries'';
and
(2) by revising paragraph 129(a)(7) to read as follows:
``(7) Loans.--
``(A) In general.--A State may loan an amount equal
to all or part of the Federal share of a toll project
or a non-toll project that has a dedicated revenue
source, specifically dedicated to such project or
projects under this section, to a public entity
constructing or proposing to construct a toll facility
or non-toll facility with a dedicated revenue source.
Dedicated revenue sources for non-toll facilities
include: excise taxes, sales taxes, motor vehicle use
fees, tax on real property, tax increment financing, or
such other dedicated revenue source as the Secretary
deems appropriate.
``(B) Compliance with federal laws.--As a condition
of receiving a loan under this paragraph, the public or
private entity that receives the loan shall ensure that
the qualifying project complies with the requirements
of this title and any other applicable Federal law,
including any applicable provision of Federal
environmental laws.
``(C) Subordination of debt.--The amount of any
loan received for a qualifying project under this
paragraph may be subordinated to any other debt
financing for the project.
``(D) Obligation of funds loaned.--Funds loaned
pursuant to this paragraph may be obligated for
qualifying projects.
``(E) Repayment.--The repayment of a loan made
pursuant to this paragraph shall commence not later
than 5 years after the facility that is the subject of
the loan is open to traffic.
``(F) Term of loan.--The term of a loan to a public
or private entity shall not exceed 30 years from the
time the loan was obligated.
``(G) Interest.--A loan made pursuant to this
paragraph shall bear interest at or below market
interest rates, as determined by the State to make the
qualifying project that is the subject of the loan
feasible.
``(H) Reuse of funds.--Amounts repaid to a State
from a loan made under this paragraph may be
obligated--
``(i) for any purpose for which the loan
funds were available under title 23, United
States Code, or Public Law 102-240; and
``(ii) for the purchase of insurance or for
use as a capital reserve for other forms of
credit enhancement for project debt in order to
improve credit market access or to lower
interest rates.
``(I) Guidelines.--The Secretary shall establish
procedures and guidelines for making loans pursuant to
this paragraph.''.
SEC. 205. STATE HIGHWAY DEPARTMENT.
Section 302 of title 23, United States Code is amended to read as
follows:
``Sec. 302. State highway department
``Any State desiring to avail itself of the provisions of this
title shall have a State highway department which shall have adequate
powers, and shall be suitably equipped and organized to discharge, to
the satisfaction of the Secretary, the duties required by this title.
This section does not restrict the eligibility of costs that may be
claimed by a State nor limit a State's authority to engage the services
of private professional firms.''.
SEC. 206. DONATION OF PRIVATE FUNDS, ASSETS, AND PUBLICLY OWNED RIGHT-
OF-WAY FOR FEDERAL-AID PROJECTS.
Section 323 of title 23, United States Code, relating to donations,
is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following new
subsection:
``(c) Credit for Donation of Private Funds, Assets, and Publicly
Owned Right-of-Way.--Nothing in this title, or in any other provision
of law should be construed to prevent a person from donating private
funds or assets, or a State, county, city, or other political
subdivision of a State from donating publicly owned right-of-way, in
connection with a specific project constructed under this title. The
State matching share for a project with respect to which Federal
assistance is provided may be credited by the amount of the donated
funds or the fair market value of publicly owned right-of-way
incorporated into the project by the State highway agency under this
title.''; and
(3) by amending the first sentence of subsection (d), as so
redesignated, to read as follows:
``(d) Procedures.--A gift or donation in accordance with the above
subsections may be made at any time during the development of a
project.''.
SEC. 301. SHORT TITLE.
This title may be cited as the ``State Infrastructure Bank
Financing Improvement Act of 1995''.
SEC. 302. STATE INFRASTRUCTURE BANKS
New Program.--Chapter 1 of title 23, United States Code, is amended
by adding at the end thereof the following new section:
``Sec. . State Infrastructure Banks
``(a) In General.--Subject to the requirements of this section, a
State may establish a State Infrastructure Bank for making loans and
providing other assistance to public or private entities constructing
or proposing to construct or initiate transportation projects,
programs, or activities that are eligible to receive assistance under
this title or under Public Law 102-240, (hereafter also referred to in
this section as a `qualifying project').
``(b) Deposits.--Notwithstanding any other provision of law, a
State may deposit up to 15 percent of its apportionments under section
104(b) and 144 for each respective apportionment category under those
sections, except for Interstate construction, and up to 15 percent of
its allocation under section 157 of this title, after such
apportionment or allocation for the fiscal year, into a State
Infrastructure Bank, not later than 120 days after the date of
apportionment or allocation of such funds and distribution of
obligation limitation to the States by the Secretary. The deposit into
a State Infrastructure Bank of any apportionment under section
104(b)(3) of this title shall be derived from the State's statewide
flexible surface transportation program apportionment, unless the
appropriate metropolitan planning organization agrees that urban or
rural funds may be used. Federal disbursements of capital reserves
shall be at a rate consistent with the Federal-aid highway program. A
State may assign, transfer, or loan to another State's Infrastructure
Bank, or to multi-State compact or entity, that establishes a State
Infrastructure Bank, not more than the amount which a State is
otherwise entitled to deposit into its State Infrastructure Bank.
``(c) Consultation With MPOs.--A State shall consult with
metropolitan planning organizations with regard to the programming of
any State Infrastructure Bank projects.
``(d) Applicability of Cash Management Requirements.--For funds
used as a capital reserve, sections 3335 and 6503 of title 31, United
States Code, shall not apply to this section.
``(e) Matching Requirements.--A State is required to deposit into
the transportation infrastructure bank, from non-Federal or Federal
sources other than title 23, United States Code, an amount equal to the
proportional non-Federal share that a State would otherwise pay on the
basis of section 120(b) of this title.
``(f) Investment Income.--Temporary investment income generated by
the funds deposited into a transportation infrastructure bank shall
be--
``(1) credited to the transportation infrastructure bank;
``(2) available for use in providing loans and other
assistance to qualifying projects, programs, or activities from
the transportation infrastructure bank; and
``(3) invested in United States Treasury securities, bank
deposits, or such other financing instruments as the Secretary
may provide to earn interest to enhance the leveraging of
qualifying transportation activities.
``(g) Treatment of Federal Deposits.--The deposit of Federal
apportionments into a State Infrastructure Bank shall not be construed
as a commitment, guarantee, or obligation on the part of the United
States to any third party, nor shall any third party have any right
against the United States for payment solely by virtue of the deposit.
Furthermore, any security or debt financing instrument issued by a
State Infrastructure Bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
``(h) Loans and Other Assistance.--
``(1) General authority.--From amounts deposited into a
transportation infrastructure bank established by a State or
multi-State entity under this section, a State or multi-State
entity may loan to a public or private entity, an amount equal
to all or part of the cost of construction or capital cost of a
qualifying transportation project eligible for funding under
this section.
``(2) Subordination of debt.--The amount of any loan or
other assistance received for a qualifying project under this
paragraph may be subordinated to any other debt financing for
the project.
``(3) Repayment.--The repayment of any loan from a State
transportation infrastructure bank shall commence not later
than 5 years after the facility has opened to traffic or the
project, activity or facility has been completed.
``(4) Term of loan.--The term for repaying such loan shall
not exceed 30 years from the date of obligation of the loan.
``(5) Interest.--Any loan from a State Infrastructure Bank
shall bear interest as the State determines appropriate to make
the qualifying project feasible.
``(6) Reuse of funds.--The repayment of a loan or other
assistance to a State from any loan under this section may be
credited to the transportation infrastructure bank or obligated
for any purpose for which the loaned funds were available under
this title.
``(7) Procedures and guidelines.--The Secretary shall
establish procedures and guidelines for establishing,
operating, and making loans from a State Infrastructure Bank.
``(8) Definition of other assistance.--For purposes of this
section, the term `other assistance' includes any use of funds
for the purpose of credit enhancements, use as a capital
reserve for bond or debt instrument financing, bond or debt
instrument financing issuance costs, bond or debt issuance
financing insurance, subsidizing of interest rates, letters of
credit, credit instruments, bond or debt financing instrument
security, and other forms of debt financing that relate to the
qualifying project.
``(9) Administrative costs.--For each fiscal year, a State
may use an amount not to exceed two percent of the Federal
funds deposited into a State Infrastructure Bank to provide for
the reasonable costs of administering such fund.
``(10) Annual reports.--A State or multi-State entity that
establishes a transportation infrastructure bank is required to
make an annual report to the Secretary on its status no later
than September 30 of each year.
``(11) Continuing federal deposits.--As a condition of
receiving continuing Federal deposits into a transportation
infrastructure bank, a State or multi-State entity must
maintain an investment grade rating on its debt issuances or
have a sufficient level of bond or debt financing instrument
insurance to maintain the viability of the fund and must have
filed its annual report with the Secretary.''. | National Highway System Designation Act of 1995 - Designates the most recent National Highway System (as of the date of this Act's enactment) as submitted by the Secretary of Transportation to be the National Highway System (NHS).
Requires each State making a request for a change in the NHS to establish that each change has been identified by the State, in cooperation with local officials, pursuant to applicable transportation planning activities for metropolitan areas and statewide planning processes.
Financing Improvement Act of 1995 - Prohibits the Secretary from approving an application for advance construction unless the project is included in the State's transportation improvement program.
Revises Federal highway provisions to authorize a State to loan an amount equal to all or part of the Federal share of a toll project or a non-toll project that has a revenue source specifically dedicated to such project to a public entity constructing or proposing to construct a toll facility or non-toll facility with a dedicated revenue source.
Modifies provisions regarding State highway departments to repeal a requirement that the organization of such a department include a secondary road unit. Specifies that such provisions do not restrict the eligibility of costs that may be claimed by a State nor limit a State's authority to engage the services of private professional firms.
Permits donations of private funds, assets, and publicly owned rights-of-way for Federal-aid projects. Specifies that the State matching share for a project with respect to which Federal assistance is provided may be credited with the amount of the donated funds or the fair market value of publicly owned right-of-way incorporated into the project by the State highway agency.
State Infrastructure Bank Financing Improvement Act of 1995 - Authorizes a State to establish a State Infrastructure Bank for making loans and providing other assistance to public or private entities constructing transportation projects, programs, or activities that are eligible to receive assistance under specified Federal provisions.
Sets forth provisions regarding: (1) deposits; (2) consultation with metropolitan planning organizations; (3) applicability of cash management requirements; (4) matching requirements; (5) investment income; (6) treatment of Federal deposits; (7) loans and other assistance; (8) administrative costs; (9) annual reports; and (10) conditions of receiving continuing Federal deposits. | {"src": "billsum_train", "title": "National Highway System Designation Act of 1995"} | 3,465 | 492 | 0.578933 | 1.721452 | 0.800184 | 5.411236 | 6.977528 | 0.930337 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Health Care Protection
Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Career members of the uniformed services and their
families endure unique and extraordinary demands, and make
extraordinary sacrifices, over the course of 20-year to 30-year
careers in protecting freedom for all Americans.
(2) The nature and extent of these demands and sacrifices
are never so evident as in wartime, not only during the current
Global War on Terrorism, but also during the wars of the last
60 years when current retired members of the Armed Forces were
on continuous call to go in harm's way when and as needed.
(3) The demands and sacrifices are such that few Americans
are willing to bear or accept them for a multi-decade career.
(4) A primary benefit of enduring the extraordinary
sacrifices inherent in a military career is a range of
extraordinary retirement benefits that a grateful Nation
provides for those who choose to subordinate much of their
personal life to the national interest for so many years.
(5) Many private sector firms are curtailing health
benefits and shifting significantly higher costs to their
employees, and one effect of such curtailment is that retired
members of the uniformed services are turning for health care
services to the Department of Defense, and its TRICARE program,
for the health care benefits in retirement that they earned by
their service in uniform.
(6) In some cases, civilian employers establish financial
incentives for employees who are also eligible for
participation in the TRICARE program to receive health care
benefits under that program rather than under the health care
benefits programs of such employers.
(7) While the Department of Defense has made some efforts
to contain increases in the cost of the TRICARE program, a
large part of those efforts has been devoted to shifting a
larger share of the costs of benefits under that program to
retired members of the uniformed services.
(8) The cumulative increase in enrollment fees,
deductibles, and copayments being proposed by the Department of
Defense for health care benefits under the TRICARE program far
exceeds the 33-percent increase in military retired pay since
such fees, deductibles, and copayments were first required on
the part of retired members of the uniformed services 11 years
ago.
(9) Proposals of the Department of Defense for increases in
the enrollment fees, deductibles, and copayments of retired
members of the uniformed services who are participants in the
TRICARE program fail to recognize adequately that such members
paid the equivalent of enormous in-kind premiums for health
care in retirement through their extended sacrifices by service
in uniform.
(10) Some of the Nation's health care providers refuse to
accept participants in the TRICARE program as patients because
that program pays them significantly less than commercial
insurance programs, and imposes unique administrative
requirements, for health care services.
(11) The Department of Defense has chosen to count the
accrual deposit to the Department of Defense Military Retiree
Health Care Fund against the budget of the Department of
Defense, contrary to the requirements of section 1116 of title
10, United States Code.
(12) Senior officials of the Department of Defense leaders
have reported to Congress that counting such deposits against
the budget of the Department of Defense is impinging on other
readiness needs of the Armed Forces, including weapons
programs, an inappropriate situation which section 1116 of
title 10, United States Code, was intended expressly to
prevent.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the Nation have a
committed obligation to provide health care benefits to retired
members of the uniformed services that exceeds the obligation
of corporate employers to provide health care benefits to their
employees;
(2) the Department of Defense has many additional options
to constrain the growth of health care spending in ways that do
not disadvantage retired members of the uniformed services who
participate or seek to participate in the TRICARE program, and
should pursue any and all such options rather than seeking
large increases for enrollment fees, deductibles, and
copayments for such retirees, and their families or survivors,
who do participate in that program;
(3) any percentage increase in fees, deductibles, and
copayments that may be considered under the TRICARE program for
retired members of the uniformed services and their families or
survivors should not in any case exceed the percentage increase
in military retired pay; and
(4) any percentage increase in fees, deductibles, and
copayments under the TRICARE program that may be considered for
members of the uniformed services who are currently serving on
active duty or in the Selected Reserve, and for the families of
such members, should not exceed the percentage increase in
basic pay for such members.
SEC. 3. LIMITATIONS ON CERTAIN INCREASES IN HEALTH CARE COSTS FOR
MEMBERS OF THE UNIFORMED SERVICES.
(a) Pharmacy Benefits Program.--Section 1074g(a)(6) of title 10,
United Stated Code, is amended by adding at the end the following new
subparagraph:
``(C) The amount of any cost sharing requirements under this
paragraph may not be increased in any year by a percentage that exceeds
the percentage increase of the most recent increase in retired pay for
members of the armed forces under section 1401a(b)(2) of this title. To
the extent that such increase for any year is less than one dollar, the
accumulated increase may be carried over from year to year, rounded to
the nearest dollar.''.
(b) Premiums for TRICARE Standard for Reserve Component Members Who
Commit to Service in the Selected Reserve.--Section 1076d(d)(3) of such
title is amended--
(1) by striking ``The monthly amount'' and inserting ``(A)
Subject to subparagraph (B), the monthly amount''; and
(2) by adding at the end the following new subparagraph:
``(B) Effective as of October 1, 2007, the percentage increase in
the amount of the premium in effect for a month for TRICARE Standard
coverage under this section may not exceed a percentage equal to the
percentage of the most recent increase in the rate of basic pay
authorized for members of the uniformed services for a year.''.
(c) Copayments Under CHAMPUS.--Paragraph (3) of section 1086(b) of
such title is amended in the first sentence by striking ``during the
period beginning on April 1, 2006, and ending on September 30, 2007.''
and inserting ``after March 31, 2006''.
(d) Prohibition on Enrollment Fees for Certain Persons Under
CHAMPUS.--Section 1086(b) of such title is further amended by adding at
the end the following new paragraph:
``(5) A person covered by subsection (c) may not be charged
an enrollment fee for coverage under this section.''.
(e) Automatic Enrollment for Certain Persons Under CHAMPUS.--
Section 1086(b) of such title is further amended by adding at the end
the following new paragraph:
``(6) A person covered by subsection (c) shall not be
subject to denial of claims for coverage under this section for
failure to enroll for such coverage. To the extent enrollment
may be required, enrollment shall be automatic for any such
person filing a claim under this section.''.
(f) Premiums and Other Charges Under TRICARE.--Section 1097(e) of
such title is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Effective as of October 1, 2007, the percentage increase in
the amount of any premium, deductible, copayment or other charge
prescribed by the Secretary under this subsection may not exceed the
percentage increase of the most recent increase in retired pay for
members and former members of the armed forces under section
1041a(b)(2) of this title.''. | Military Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed obligation to provide health benefits to retired military personnel that exceeds the obligation of corporate employers to their employees; (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage retirees, and should pursue such options rather than seeking large fee increases for retirees and their dependents; and (3) any percentage increase in health care fees, deductibles, or copayments for retirees and their families, and for members of the Selected Reserve currently serving on active duty and their families, should not exceed the percentage increase in military retired pay or basic pay, respectively.
Limits to the previous percentage increase in retired or basic pay the authorized annual fee increase under: (1) the DOD pharmacy benefits program; and (2) certain premiums and other charges under the TRICARE program (a DOD managed health care program).
Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day after March 31, 2006 (currently, during the period beginning on April 1, 2006, and ending on September 30, 2007); (2) charging an enrollment fee under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (3) a person from being denied a claim due to failure to enroll. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to limit increases in the certain costs of health care services under the health care programs of the Department of Defense, and for other purposes."} | 1,746 | 292 | 0.592809 | 1.869063 | 0.747853 | 3.898917 | 5.938628 | 0.909747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Panhandle National Forest
Improvement Act of 2004''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Granite/Reeder Bay, Priest Lake Parcel, T61N, R4E, Boise
Principal Meridian, section 17, S\1/2\NE\1/4\ (80 acres, more or
less).
(2) North South Ski area, T43N, R3W, Boise Principal Meridian,
section 13, SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/4\, NE\1/
4\SW\1/4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or
less).
(3) Shoshone work camp (including easements for utilities),
T50N, R4E, Boise Principal Meridian, section 5, a portion of the
S\1/2\SE\1/4\ (19 acres, more or less).
(b) Descriptions.--The Secretary may modify the descriptions in
subsection (a) to correct errors or to make minor adjustments to the
parcels in order to facilitate the conveyance of the parcels.
(c) Consideration.--Consideration for a sale or exchange of land
under subsection (a)--
(1) shall be equal to the fair market value of the land; and
(2) may include cash or improved or unimproved land.
(d) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws applicable to the conveyance and
acquisition of land for the National Forest System.
(e) Valuation.--The market value of the land and the improvements
to be sold or exchanged under this Act shall be determined by an
appraisal that is acceptable to the Secretary and conforms with the
Uniform Appraisal Standards for Federal Land Acquisitions.
(f) 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 accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(g) Solicitations of Offers.--
(1) In general.--The Secretary may solicit offers for the sale
or exchange of land under this section on such terms and conditions
as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(h) Methods of Sale.--The Secretary may sell land under subsection
(a) at public or private sale (including at auction), in accordance
with any terms, conditions, and procedures that the Secretary
determines to be in the best interests of the United States.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or the cash equalization proceeds, if any, from an exchange
under section 3(a) in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(b) Use of Proceeds.--Amounts deposited under subsection (a) shall
be available to the Secretary, without further appropriation--
(1) for the acquisition of, construction of, or rehabilitation
of existing facilities for, a new ranger station in the Silver
Valley portion of the Panhandle National Forest; or
(2) to the extent that the amount of funds deposited exceeds
the amount needed for the purpose described in paragraph (1), for
the acquisition, construction, or rehabilitation of other
facilities in the Panhandle National Forest.
(c) Nondistribution of Proceeds.--Proceeds from the sale or
exchange of land under this Act shall not be paid or distributed to
States or counties under any provision of law, or otherwise treated as
money received from a national forest, for purposes of--
(1) the Act of May 23, 1908 (16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (commonly known as
the ``Weeks Law'') (16 U.S.C. 500); or
(3) the Act of March 4, 1913 (16 U.S.C. 501).
SEC. 5. ADMINISTRATION.
(a) In General.--Land transferred to or otherwise acquired by the
Secretary under this Act shall be managed in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(2) other laws relating to the National Forest System.
(b) Exemption From Property Management Regulations.--Part 1955 of
title 7, Code of Federal Regulations (or any successor regulation),
shall not apply to any actions taken under this Act.
(c) Withdrawals and Revocations.--
(1) Withdrawal.--Subject to valid existing rights, all land
described in section 3(a) is withdrawn from--
(A) location, entry, and patent under the mining laws; and
(B) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Revocation of public land orders.--As of the date of this
Act, any public land order withdrawing land described in section
3(a) from all forms of appropriation under the public land laws is
revoked with respect to any portion of the land conveyed by the
Secretary under this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Idaho Panhandle National Forest Improvement Act of 2004 - Authorizes the Secretary of Agriculture to convey certain National Forest System parcels in Idaho and use the proceeds for acquisition, construction, or rehabilitation of: (1) a new ranger station in the Silver Valley portion of the Idaho Panhandle National Forest; or (2) other facilities in such Forest, to the extent that funds exceed amounts necessary for the ranger station.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes."} | 1,410 | 93 | 0.47884 | 1.254392 | 0.469225 | 3.268293 | 14.439024 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary Education
Amendments of 1994''.
TITLE I--ELEMENTARY AND SECONDARY EDUCATION PROGRAM AUTHORIZED
SEC. 101. REFERENCE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a title, chapter, part, subpart, section, subsection, or other
provision, the reference shall be considered to be made to a title,
chapter, part, subpart, section, subsection, or other provision of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et
seq.).
SEC. 102. BASIC GRANTS.
(a) In General.--Section 1005 is amended--
(1) by redesignating subsection (g) as subsection (f); and
(2) in subsection (f) (as redesignated by paragraph (1))--
(A) by striking ``During the period beginning
October 1, 1988, and ending September 30, 1993,''; and
(B) by inserting in lieu thereof ``During the
period beginning October 1, 1994, and ending September
30, 1995''.
(b) Effective Date.--The amendments made by paragraph (2) of
subsection (a) shall take effect on September 30, 1994.
SEC. 103. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Paragraph (3) of section 1017(d) is amended--
(1) by striking ``$30,000,000'' and all that follows
through ``and 1993.''; and
(2) by inserting in lieu thereof ``$40,000,000 for fiscal
year 1995.''.
SEC. 104. EVEN START PROGRAMS.
Section 1059 is amended to read as follows:
``There are authorized to be appropriated for the purposes of this
part $100,000,000 for the fiscal year 1995.''.
SEC. 105. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND
DROPOUT PREVENTION AND REENTRY.
Section 1111 is amended to read as follows:
``There are authorized to be appropriated $550,000,000 for fiscal
year 1995 to carry out this part.''.
SEC. 106. FUNDS FOR THE IMPLEMENTATION OF SCHOOL IMPROVEMENT PROGRAMS.
Section 1405 is amended by adding at the end the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $26,000,000 for fiscal year 1995 to carry out this
section.''.
SEC. 107. GENERAL PROVISIONS.
Section 1437 is amended--
(1) by striking ``$4,000,000 for the fiscal year 1989,''
and all that follows through ``1993''; and
(2) by inserting ``$15,000,000 for fiscal year 1995''.
SEC. 108. RURAL EDUCATIONAL OPPORTUNITIES.
Section 1459 is amended to read as follows:
``SEC. 1459. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for this subpart
$10,000,000 for fiscal year 1995.''.
SEC. 109. STUDIES.
Section 1463 is amended to read as follows:
``SEC. 1463. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections
1461 and 1462, $5,000,000 for fiscal year 1995.''.
SEC. 110. FEDERAL, STATE, AND LOCAL PARTNERSHIP FOR EDUCATIONAL
IMPROVEMENT.
(a) In General.--Section 1502 is amended--
(1) in subsection (a)--
(A) by striking ``$580,000,000'' and all that
follows through ``1993,''; and
(B) by inserting in lieu thereof ``$706,000,000 for
fiscal year 1995''.
(2) in subsection (b)--
(A) by striking ``During the period beginning'' and
all that follows through ``1993, the''; and
(B) by inserting ``The''.
(b) Effective Date.--The amendments made by paragraph (2) of
subsection (a) shall take effect on September 30, 1994.
SEC. 111. DWIGHT D. EISENHOWER MATHEMATICS AND SCIENCE EDUCATION ACT.
(a) State Grants and National Programs.--Subsection (b) of section
2003 is amended--
(1) by striking ``$250,000,000'' and all that follows; and
(2) by inserting ``$262,000,000 for fiscal year 1995.''.
(b) Regional Mathematics and Science Education Consortiums.--
Section 2023 is amended to read as follows--
``SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $17,000,000 for fiscal
year 1995 to carry out this subpart.''.
SEC. 112. FOREIGN LANGUAGE ASSISTANCE.
Section 2106 is amended to read as follows:
``SEC. 2106. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for fiscal
year 1995 to carry out this part.''.
SEC. 113. MAGNET SCHOOLS ASSISTANCE.
Subsection (a) of section 3001 is amended to read as follows:--
``(a) Authorization of Appropriations.--There are authorized to be
appropriated $165,000,000 for fiscal year 1995 to carry out this
title.''.
SEC. 114. WOMEN'S EDUCATIONAL EQUITY.
Section 4007 is amended to read as follows:
``SEC. 4007. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $9,000,000 for fiscal
year 1995 to carry out this part.''.
SEC. 115. GIFTED AND TALENTED CHILDREN.
Section 4108 is amended to read as follows:
``SEC. 4108. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for fiscal
year 1995 to carry out this part.''.
SEC. 116. ALLEN J. ELLENDER FELLOWSHIP PROGRAM.
Section 4332 is amended--
(1) in subsection (a)--
(A) by striking ``$3,000,000'' and all that
follows; and
(B) by inserting in lieu thereof ``$3,500,000 for
fiscal year 1995.''; and
(2) in paragraph (1) of subsection (b)--
(A) by striking ``$2,000,000'' and all that
follows; and
(B) by inserting ``$900,000 for fiscal year
1995.''.
SEC. 117. IMMIGRANT EDUCATION.
Subsection (a) of section 4403 is amended--
(1) by striking ``$30,000,000'' and all that follows; and
(2) by inserting ``$40,000,000 for fiscal year 1995.''.
SEC. 118. TERRITORIAL ASSISTANCE.
(a) General Assistance to the Virgin Islands.--Section 4501 is
amended--
(1) by striking ``for the fiscal year 1989 and for each of
the 4 subsequent fiscal years''; and
(2) by inserting in lieu thereof ``for fiscal year 1995''.
(b) Territorial Teacher Training Assistance.--Section 4502 is
amended--
(1) by striking ``for the fiscal year 1989 and for each of
the 4 subsequent fiscal years''; and
(2) by inserting in lieu thereof ``for fiscal year 1995''.
SEC. 119. SECRETARY'S FUND FOR INNOVATION IN EDUCATION.
(a) Instruction on the History and Principles of Democracy in the
United States.--Section 4609 is amended by striking subsection (f).
(b) Programs.--Section 4610 is amended--
(1) by redesignating subsection (d) as subsection (c);
(2) in subsection (a)--
(A) by striking ``for the fiscal year 1989'' and
all that follows through ``4607).''; and
(B) by inserting in lieu thereof ``for fiscal year
1995 to carry out the provisions of this part (other
than sections 4606, 4607, 4608 and 4609).'';
(3) in paragraph (1) of subsection (b)--
(A) by striking ``for the fiscal year 1989'' and
all that follows through ``1993''; and
(B) by inserting in lieu thereof ``for fiscal year
1995''.
(4) by adding at the end the following:
``(d) There are authorized to be appropriated $5,000,000 for fiscal
year 1995 to carry out the provisions of section 4609.''.
SEC. 120. READY TO LEARN.
Subsection (a) of section 4706 is amended--
(1) by striking ``fiscal year 1994.''; and
(2) by inserting ``for fiscal year 1995.''
SEC. 121. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS.
Subsection (a) of section 6003 is amended--
(1) by striking ``for fiscal year 1991'' and all that
follows; and
(2) by inserting ``for fiscal year 1995''.
SEC. 122. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT.
Section 6103 is amended--
(1) by striking ``for each of the fiscal years 1991 and
1992''; and
(2) by inserting ``for fiscal year 1995''.
SEC. 123. BILINGUAL EDUCATION PROGRAMS.
Subsection (b) of section 7002 is amended--
(1) in paragraph (1)--
(A) by striking ``for the fiscal year 1989'' and
all that follows; and
(B) by inserting in lieu thereof ``for fiscal year
1995.'';
(2) in paragraph (2)--
(A) by striking ``for the fiscal year 1989'' and
all that follows; and
(B) by inserting in lieu thereof ``for fiscal year
1995.''.
TITLE II--AMENDMENTS TO OTHER EDUCATIONAL PROGRAMS
SEC. 201. EDUCATION FOR THE HOMELESS.
(a) Adult Education for the Homeless.--Subsection (c) of section
702 of the Stewart B. McKinney Homeless Assistance Act is amended--
(1) by striking ``$10,000,000'' and all that follows
through ``1993''; and
(2) by inserting in lieu thereof ``$13,700,000 for fiscal
year 1995''.
(b) Education for Homeless Children and Youth.--Paragraph (1) of
section 722(g) of the Stewart B. McKinney Act is amended--
(1) by striking ``1991'' and all that follows; and
(2) by inserting ``1995.''.
SEC. 202. FOLLOW THROUGH PROGRAMS.
Subsection (a) of section 667 of the Follow Through Act is
amended--
(1) by striking ``for fiscal year 1991'' and all that
follows; and
(2) by inserting in lieu thereof ``for fiscal year 1995.''
SEC. 203. IMPACT AID PROGRAMS.
(a) Public Law 874.--The Act of September 30, 1950 (Public Law 874,
81st Congress) is amended in subsection (b) of section 1--
(1) by striking ``$735,000,000'' and all that follows
through ``1992, and''; and
(2) by inserting after ``1993,'' the following:
``and such sums as may be necessary for fiscal year 1995''.
(b) Public Law 815.--Section 1(a) of the Act of September 23, 1950
(Public Law 815, 81st Congress) is amended--
(1) by striking ``$25,000,000'' and all that follows
through ``1992, and''; and
(2) by inserting after ``1993,'' the following:
``and such sums as may be necessary for fiscal year 1995''.
SEC. 204. INDIAN EDUCATION ACT.
(a) Financial Assistance to Local Educational Agencies for the
Education of Indian Children.--Subsection (a) of section 5316 of the
Indian Education Act of 1988 is amended--
(1) in paragraph (1)--
(A) by striking ``1988''; and
(B) by inserting ``1995''; and
(2) in paragraph (2)--
(A) by striking ``1989, 1990, 1991, 1992, and
1993''; and
(B) by inserting ``1995,''.
(b) Improvement of Educational Opportunities for Indian Children.--
Subsection (g) of section 5321 of the Indian Education Act of 1988 is
amended--
(1) in paragraph (1)--
(A) by striking ``each fiscal year'' and all that
follows; and
(B) by inserting in lieu thereof ``fiscal year
1995.''; and
(2) in paragraph (2)--
(A) by striking ``for each fiscal year'' and all
that follows; and
(B) by inserting in lieu thereof ``fiscal year
1995.''.
(c) Special Educational Training Programs for the Teachers of
Indian Children.--Subsection (c) of section 5322 of the Indian
Education Act of 1988 is amended to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $1,125,000 for fiscal year 1995 to carry out this
section.''.
(d) Fellowships for Indian Students.--Subsection (e) of section
5323 of the Indian Education Act of 1988 is amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $1,750,000 for fiscal year 1995 to carry out this
section.''.
(e) Gifted and Talented.--Subsection (e) of section 5324 of the
Indian Education Act of 1988 is amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 for fiscal year 1995 for the purpose of
carrying out this section. Such sums shall remain available until
expended.''.
(f) Improvement of Educational Opportunities for Adult Indians.--
Subsection (e) of section 5330 of the Indian Education Act of 1988 is
amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for fiscal year 1995 to carry out this
section.''.
(g) Program Administration.--Section 5343 of the Indian Education
Act of 1988 is amended to read as follows:
``SEC. 5343. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,500,000 for fiscal
year 1995 to carry out this subpart.''.
SEC. 205. REFUGEE AND IMMIGRANT EDUCATION.
Subsection (a) of section 102 of the Refugee Education Assistance
Act of 1980 is amended--
by striking ``1981, 1982, 1983,''; and
by inserting ``1995,''.
SEC. 206. EDUCATION FOR NATIVE HAWAIIANS.
(a) Native Hawaiian Model Curriculum Implementation Project.--
Subsection (d) of section 4003 of title IV of Public Law 100-297 is
amended--
(1) by striking ``$3,000,000'' and all that follows through
``Act.''; and
(2) by inserting in lieu thereof ``$500,000 for fiscal year
1995 to carry out this section.''.
(b) Native Hawaiian Family-Based Education Centers.--Subsection (c)
of section 4004 of title IV of Public Law 100-297 is amended--
(1) by striking ``$2,400,000'' and all that follows through
``through 1993.''; and
(2) by inserting in lieu thereof ``$3,300,000 for fiscal
year 1995.''.
(c) Native Hawaiian Higher Education Demonstration Program.--
Subsection (e) of section 4005 of title IV of Public Law 100-297 is
amended--
(1) in paragraph (1)--
(A) by striking ``$1,250,000'' and all that follows
through ``through 1993,''; and
(B) by inserting in lieu thereof ``$1,300,000 for
fiscal year 1995,''; and
(2) in paragraph (2)--
(A) by striking ``$750,000'' and all that follows
through ``through 1993,''; and
(B) by inserting ``$1,000,000 for fiscal year
1995,''.
(d) Native Hawaiian Gifted and Talented Demonstration Program.--
Subsection (e) of section 4006 of title IV of Public Law 100-297 is
amended--
(1) by striking ``1988'' and all that follows through
``1993.''; and
(2) by inserting ``1995.''.
(e) Native Hawaiian Special Education Program.--Subsection (c) of
section 4007 of title IV of Public Law 100-297 is amended--
(1) by striking ``$1,500,000'' and all that follows through
``through 1993.''; and
(2) by inserting in lieu thereof ``$500,000 for fiscal year
1995.''.
SEC. 207. PARTNERSHIPS IN EDUCATION FOR MATHEMATICS, SCIENCE, AND
ENGINEERING.
Subsection (b) of section 304 of the Education for Economic
Security Act is amended to read as follows:
``(b) There are authorized to be appropriated $15,000,000 for
fiscal year 1995 to carry out this part.''.
SEC. 208. STAR SCHOOLS PROGRAM.
Paragraph (1) of section 903(b) of the Education for Economic
Security Act is amended to read as follows:
``(b) Authorization of Appropriations.--(1) There are authorized to
be appropriated $50,000,000 for fiscal year 1995.''.
SEC. 209. NATIONAL CENTER FOR EDUCATION STATISTICS.
Paragraph (1) of section 406(f) of the General Education Provisions
Act is amended to read as follows:
``(f)(1) There are authorized to be appropriated $79,000,000 for
fiscal year 1995 to carry out this section.''.
SEC. 210. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND TEACHING.
Subsection (a) of section 3242 of the Fund for the Improvement and
Reform of Schools and Teaching Act is amended--
(1) by striking ``1989'' and all that follows through ``and
1993.''; and
(2) by inserting ``1995.''.
SEC. 211. NATIONAL WRITING PROJECT.
Paragraph (1) of section 202(i) of the Education Council Act of
1991 is amended--
(1) by striking ``1991'' and all that follows through
``1993''; and
(2) by inserting ``1995''.
HR 5130 IH----2 | TABLE OF CONTENTS:
Title I: Elementary and Secondary Education Program
Authorized
Title II: Amendments to Other Educational Programs
Elementary and Secondary Education Amendments of 1994 -
Title I: Elementary and Secondary Education Program Authorized
- Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend the period of authorization of payments to State educational agencies for grants entitlements for basic programs operated by local educational agencies under title I chapter 1 provisions for financial assistance to meet special educational needs of disadvantaged children.
Extends the authorization of appropriations for the following ESEA programs: (1) participation of children enrolled in private schools in chapter 1 programs; (2) Even Start programs; (3) secondary school programs for basic skills improvement and dropout prevention and reentry; (4) funds for the implementation of school improvement programs; (5) certain Federal evaluation, coordination and technical assistance, and research activities; (6) rural educational opportunities; (7) studies; (8) Federal, State, and local partnership for educational improvement (as well as extending the duration of such payments); (9) Eisenhower mathematics and science education State grants, national programs, and regional mathematics and science education consortia; (10) foreign language assistance; (11) magnet schools assistance; (12) women's educational equity; (13) Ellender fellowship program; (14) immigrant education; (15) general assistance to the Virgin Islands and territorial training assistance; (16) programs under the Secretary's Fund for Innovation in Education (including instruction on the history and principles of democracy in the United States); (17) the Ready-to-Learn program of educational television and instructional video programming for preschool and elementary school children and their parents; (18) assistance to address school dropout problems; (19) assistance to provide basic skills improvement; and (20) bilingual education programs (including State data collection and dissemination).
Title II: Amendments to Other Educational Programs
- Extends the authorization of appropriations for the following educational programs: (1) adult education for the homeless and education for homeless children and youth under the Stewart B. McKinney Act; (2) Follow Through programs under the Follow Through Act; (3) impact aid programs under specified Federal laws; (4) Indian education programs involving financial assistance to local educational agencies, improvement of educational programs involving financial assistance to local educational agencies, improvement of educational opportunities, special educational training for teachers, fellowships for Indian students, gifted and talented education, adult education, and program administration, under the Indian Education Act of 1988; (5) refugee and immigrant education under the Refugee Education Assistance Act of 1980; (6) Native Hawaiian education programs involving model curriculum implementation, family-based education centers, higher education, gifted and talented education, and special education, under specified Federal law; (7) partnerships in education for mathematics, science, and engineering under the Education for Economic Security Act; (8) the National Center for Education Statistics under the General Education Provisions Act; (9) programs under the Fund for the Improvement of Schools and Teaching Act; and (10) the National Writing Project under the Education Council Act of 1991. | {"src": "billsum_train", "title": "Elementary and Secondary Education Amendments of 1994"} | 4,385 | 640 | 0.509521 | 1.562509 | 0.638939 | 2.944179 | 5.912281 | 0.854864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Emergency Room Relief Act
of 2017''.
SEC. 2. COVERAGE OF URGENT CARE AND EMERGENCY ROOM TREATMENT OF
VETERANS BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Payment of Reasonable Costs of Urgent Care.--
(1) In general.--Subchapter III of chapter 17 of title 38,
United States Code, is amended by inserting after section 1725
the following new section:
``Sec. 1725A. Payment of reasonable costs of urgent care
``(a) In General.--The Secretary shall enter into contracts with
urgent care providers under which the Secretary pays the urgent care
provider the reasonable costs of urgent care provided to eligible
veterans by the urgent care provider.
``(b) Eligible Veterans.--A veteran is an eligible veteran for
purposes of this section if the veteran--
``(1) is enrolled in the system of annual patient
enrollment established and operated under section 1705(a) of
this title; and
``(2) has received health care under this chapter during
the two-year period preceding the date on which the veteran
receives urgent care under this section.
``(c) Cost Sharing.--(1) Except as provided in paragraph (2), the
Secretary shall establish a cost-sharing amount that eligible veterans
shall pay to the Secretary to receive urgent care from an urgent care
provider under this section.
``(2) The cost-sharing amount established under paragraph (1) shall
not apply to an eligible veteran--
``(A) if the eligible veteran is admitted to a hospital for
treatment or observation after receiving urgent care under this
section; or
``(B) if the eligible veteran is receiving urgent care
under this section for the treatment of a service-connected
disability or condition.
``(d) Treatment of Department.--Notwithstanding the coverage of an
eligible veteran under a health-plan contract, the Secretary shall be
considered the primary payer for any urgent care provided to the
eligible veteran under this section.
``(e) Types of Providers.--The Secretary shall ensure that all
types of urgent care providers, including local urgent care providers,
have an opportunity to enter into a contract with the Secretary under
this section.
``(f) Definitions.--In this section:
``(1) The term `health-plan contract' has the meaning given
that term in section 1725(f) of this title.
``(2) The term `urgent care' has the meaning given that
term by the Secretary.
``(3) The term `urgent care provider' means a health care
provider that provides urgent care at a non-Department
facility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item relating to section 1725 the following new item:
``1725A. Payment of reasonable costs of urgent care.''.
(3) Sense of congress.--It is the sense of Congress that
the Secretary of Veterans Affairs is encouraged to contract
with urgent care centers that are accredited by a nationally
recognized accrediting body or organization to carry out
section 1725A of title 38, United States Code, as added by
paragraph (1).
(b) Establishment of Cost-Sharing Amount for Veterans Receiving
Emergency Room Care From Department.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Veterans Affairs shall establish a cost-sharing
amount that veterans shall pay to the Secretary to receive care
at an emergency room of the Department of Veterans Affairs.
(2) Exception.--The cost-sharing amount established under
paragraph (1) shall not apply to a veteran if the veteran--
(A) receives care for a service-connected (as
defined in section 101 of title 38, United States Code)
disability or condition;
(B) meets a hardship exception established by the
Secretary for purposes of this subsection; or
(C) is admitted to a hospital for treatment or
observation after receiving care at an emergency room
of the Department.
(c) Limitation on Cost-Sharing Amounts.--The Secretary of Veterans
Affairs may not require a veteran to pay multiple cost-sharing amounts
if the veteran seeks urgent care under section 1725A of title 38,
United States Code, as added by subsection (a)(1), and care at an
emergency room of the Department of Veterans Affairs for the same
condition during a period determined by the Secretary for purposes of
this subsection.
(d) Report on Use by Veterans of Urgent and Emergency Room Care.--
Not later than two years after the date of the enactment of this Act,
and not less frequently than once every two years thereafter, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the use by veterans
eligible for health care under the laws administered by the Secretary
of--
(1) urgent care facilities; and
(2) emergency room facilities of the Department of Veterans
Affairs. | Veterans Emergency Room Relief Act of 2017 This bill directs the Department of Veterans Affairs (VA) to enter into contracts under which the VA pays health care providers the reasonable costs of urgent care provided to eligible veterans at non-VA facilities. An "eligible veteran" is one who: (1) is enrolled in the VA health care system, and (2) has received health care through the VA during the two years preceding the date on which the veteran receives urgent care. The VA shall establish a cost-sharing amount that a veteran shall pay to the VA to receive such urgent care. Such amount shall not apply to a veteran who: (1) is admitted to a hospital for treatment or observation after receiving urgent care, or (2) is receiving urgent care for the treatment of a service-connected disability or condition. The VA shall: (1) be considered the primary payer for the urgent care provided, and (2) ensure that all types of urgent care providers have an opportunity to enter into such a contract. The VA also shall establish a cost-sharing amount that veterans shall pay to receive care at a VA emergency room. Such amount shall not apply to a veteran who: (1) is receiving care for a service-connected disability or condition, (2) meets a hardship exception, or (3) is admitted to a hospital for treatment or observation after receiving care at a VA emergency room. The VA may not require a veteran to pay multiple cost-sharing amounts if the veteran seeks urgent care under this bill and care at a VA emergency room for the same condition during a period determined by the VA. The VA shall report every two years on the use by veterans of urgent care facilities and of VA emergency room facilities. | {"src": "billsum_train", "title": "Veterans Emergency Room Relief Act of 2017"} | 1,115 | 358 | 0.769932 | 2.112422 | 0.92285 | 4.188571 | 2.994286 | 0.908571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ste. Genevieve National Historic
Site Establishment Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic district.--The term ``Historic District''
means the Ste. Genevieve Historic District National Historic
Landmark, as generally depicted on the Map.
(2) Historic site.--The term ``Historic Site'' means the
Ste. Genevieve National Historic Site established by section
3(a).
(3) Map.--The term ``Map'' means the map entitled ``Ste.
Genevieve National Historic Site Proposed Boundary'', numbered
571/132,626, and dated May 2016.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Missouri.
SEC. 3. ESTABLISHMENT OF THE STE. GENEVIEVE NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Ste. Genevieve National Historic Site in the
State as a unit of the National Park System to preserve,
protect, and interpret for the benefit of present and future
generations the themes of French settlement, vernacular
architecture, and community form and farming on the frontier
associated with Ste. Genevieve.
(2) Conditions for establishment.--The Historic Site shall
not be established until the date on which the Secretary
determines that--
(A) sufficient land has been acquired for the
Historic Site to constitute a manageable unit; and
(B) the Secretary has entered into a written
agreement providing that land owned by the State, the
City of Ste. Genevieve, or other entity within the
Historic District shall be managed consistent with the
purposes of this Act.
(b) Boundaries.--The boundaries of the Historic Site shall be the
boundaries generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition Authority.--
(1) In general.--The Secretary may acquire any land or
interest in land located within the boundary of the Historic
Site or any nationally significant property identified in the
special resource study within the Historic District by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange.
(2) Boundary revision.--On the acquisition of any property
within the Historic District under paragraph (1), the Secretary
shall revise the boundary of the Historic Site to include the
property.
(e) Administration.--
(1) In general.--The Secretary shall administer the
Historic Site in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code.
(2) Management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to prepare a
general management plan for the Historic Site, the
Secretary shall prepare the general management plan in
accordance with section 100502 of title 54, United
States Code.
(B) Submission to congress.--On completion of the
general management plan under subparagraph (A), the
Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
the general management plan.
(3) Related sites.--The Secretary may provide
interpretative tours and educational programs at related
historic and cultural sites within the Historic District
associated with the purposes for which the Historic Site is
established.
(f) Cooperative Agreements.--
(1) In general.--The Secretary may provide technical
assistance and enter into cooperative agreements with the owner
of a nationally significant property within the Historic Site
or the Historic District, to identify, mark, interpret,
improve, and restore the property.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the property; and
(B) interpreting the property for the public.
(3) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under this subsection shall be
not more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share of an activity carried out under a cooperative
agreement entered into under this subsection may be in
the form of donated property, goods, or services fairly
valued.
(4) Changes or alterations.--No changes or alterations
shall be made to any property covered by a cooperative
agreement entered into under paragraph (1) unless the Secretary
and the other party to the agreement agree to the changes or
alterations.
(5) Conversion, use, or disposal.--Any payment by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a property
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States to
reimbursement in any amount equal to the greater of--
(A) the amounts made available to the property by
the United States; or
(B) the portion of the increased value of the
property attributable to the amounts made available
under this subsection, as determined at the time of the
conversion, use, or disposal.
(g) Limited Role of the Secretary.--Nothing in this Act authorizes
the Secretary to assume overall financial responsibility for the
operation, maintenance, or management of the Historic District.
SEC. 4. LAND ACQUISITION; NO BUFFER ZONES.
(a) Land Acquisition.--The Secretary is authorized to acquire land
and interests in land within the boundaries of the Historic Site and
Historic District by donation or exchange only (and in the case of an
exchange, no payment may be made by the Secretary to any landowner).
The Secretary may not acquire by condemnation any land or interest in
land within the boundaries of the Historic Site and Historic District.
No private property or non-Federal public property shall be included
within the boundaries of the Historic Site and Historic District
without the written consent of the owner of such property.
(b) No Buffer Zones.--Nothing in this Act, the establishment of the
Historic Site and Historic District, or the management of the Historic
Site and Historic District shall be construed to create buffer zones
outside of the Historic Site and Historic District. That an activity or
use can be seen or heard from within the Historic Site and Historic
District shall not preclude the conduct of that activity or use outside
the Historic Site and Historic District. | Ste. Genevieve National Historic Site Establishment Act of 2016 This bill establishes the Ste. Genevieve National Historic Site in Missouri as a unit of the National Park System. Interior may acquire, by donation, purchase, or exchange, any land or interest in land located within the boundary of the Historic Site or any nationally significant property identified in the special resource study that is within the Ste. Genevieve Historic District National Historic Landmark. | {"src": "billsum_train", "title": "Ste. Genevieve National Historic Site Establishment Act of 2016"} | 1,538 | 93 | 0.691189 | 1.718957 | 1.101119 | 5.353659 | 17.560976 | 0.963415 |
SECTION 1. COOPERATION AND SUPPORT FOR DESIGNATED GATEWAY COMMUNITIES.
(a) Short Title.--This Act may be cited as the ``Healthy Public
Lands, Healthy Communities Act''.
(b) Technical Assistance, Cooperation, and Training.--
(1) In general.--The Secretary of the Interior and the
Secretary of Agriculture may cooperate with and may provide
technical assistance to any designated gateway community where
the relevant Secretary determines that the results of such
cooperation and assistance are likely to benefit both the
protection of resources managed by the Secretary and the
community.
(2) Technical assistance.--At the request of the government
of a designated gateway community, the relevant Secretary may
assign, on a temporary basis, an agency employee or contractor
to work with the community to develop mutually compatible land
use or management plans or policies for the general area.
(3) Training sessions.--The Secretary of the Interior and
the Secretary of Agriculture may offer training sessions for
elected and appointed officials of designated gateway
communities at which such officials can obtain a better
understanding of--
(A) agency planning processes; and
(B) the methods by which they can participate most
meaningfully in the development of agency plans,
decisions, and policies, including information
regarding the process whereby units of local government
may obtain status as cooperating agencies under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(4) Coordination of land use.--To the extent consistent
with the laws governing the administration of the Federal
public lands, and at the request of the government of a
designated gateway community, the Secretary of the Interior and
the Secretary of Agriculture may enter into cooperative
agreements with designated gateway communities to provide for
coordination between--
(A) the land use inventory, planning, and
management activities for Federal lands administered by
the relevant Secretary;
(B) the land use inventory, planning, and
management activities for lands administered by the
designated gateway community; and
(C) where relevant, such cooperative agreements may
also include the land use planning and management
activities of other Federal agencies, agencies of the
State in which the Federal lands are located, and local
and tribal governments in the vicinity of the Federal
lands.
(5) Interagency cooperation and coordination.--To the
extent practicable and when consistent with applicable laws and
regulations of each respective Federal land management agency,
when the plans and activities of 2 or more Federal land
management agencies are anticipated to have a significant
impact on a designated gateway community, the Federal land
agencies involved may consolidate and coordinate their plans
and planning processes to facilitate the participation of the
designated gateway community in the planning processes.
(6) Authorization of appropriations.--There is authorized
to be appropriated not more than $1,000,000 in any fiscal year
for use by the relevant Secretary to carry out this section.
(c) Grants.--
(1) Authority.--The Secretary of the Interior and the
Secretary of Agriculture may make grants to designated gateway
communities for the purposes described in this section.
(2) Criteria.--The Secretaries shall jointly develop
criteria for awarding of grants under this subsection.
(3) Authorization of appropriations.--There is authorized
to be appropriated not more than $1,000,000 in any fiscal year
for grants under this subsection.
(d) Designated Gateway Community.--For purposes of this section,
the term ``designated gateway community'' means a county, city, town,
village, or other subdivision of a State, or a federally recognized
Indian tribe or Alaska Native village, that--
(1) is incorporated or recognized in a county or regional
land use plan;
(2) the Secretary of the Interior or the Secretary of
Agriculture determines is significantly affected economically,
socially, or environmentally by planning and management
decisions regarding Federal lands administered by the relevant
Secretary; and
(3) has entered into a cooperative agreement with the
relevant Secretary pursuant to subsection (b)(4). | Healthy Public Lands, Healthy Communities Act - Permits the Secretaries of the Interior and Agriculture to cooperate with and provide technical assistance to any designated gateway community where the results of such interaction are likely to benefit both the protection of resources managed by the Secretary and the gateway community. Defines a gateway community as a community meeting certain criteria, including that it is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary.Allows the Secretaries to offer training sessions for officials of gateway communities to give such officials a better understanding of the methods by which they can most meaningfully participate in the development of agency plans, decisions, and policies.Permits the Secretaries to enter into agreements with gateway communities to provide for coordination of land use between the relevant Secretary and a gateway community.Authorizes both Secretaries to make grants to gateway communities for the purposes described in this Act. | {"src": "billsum_train", "title": "To further cooperation and support among Federal land managers and designated gateway communities where the results of such cooperation and support are likely to be mutually beneficial, and for other purposes."} | 830 | 198 | 0.690642 | 1.9923 | 0.768907 | 3.959538 | 4.612717 | 0.930636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worksite Child Care Development
Center Act of 1998''.
SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE
ASSISTANCE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45D. EMPLOYER-PROVIDED CHILD CARE CREDIT.
``(a) In General.--For purposes of section 38, the employer-
provided child care credit determined under this section for the
taxable year is an amount equal to the sum of--
``(1) 50 percent of the qualified child care facility
start-up expenses,
``(2) 50 percent of the qualified child care facility
expenses, and
``(3) 50 percent of the qualified child care expenses,
of the taxpayer during the taxable year.
``(b) Dollar Limitations.--
``(1) Qualified child care facility start-up expenses.--The
total amount of the credit determined under subsection (a)(1)
for all taxable years shall not exceed $100,000.
``(2) Qualified child care facility expenses.--The amount
of the credit determined under subsection (a)(2) for any
taxable year shall not exceed $25,000.
``(3) Qualified child care expenses.--The amount of the
credit determined under subsection (a)(3) for any taxable year
shall not exceed $50,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified child care expenses.--
``(A) In general.--The term `qualified child care
expenses' means any amount paid or incurred to
reimburse an employee for expenses for child care which
enables the employee to be gainfully employed including
expenses related to--
``(i) day care and before and after school
care,
``(ii) transportation associated with such
care, and
``(iii) before and after school and holiday
programs including educational and recreational
programs and camp programs.
``(B) Fair market value.--The term `qualified child
care expenses' shall not include expenses in excess of
the fair market value of such care.
``(2) Qualified child care facility.--
``(A) In general.--The term `qualified child care
facility' means a facility--
``(i) the principal use of which is to
provide child care assistance to dependents of
employees, and
``(ii) which meets the requirements of all
applicable laws and regulations of the State or
local government in which it is located,
including, but not limited to, the licensing of
the facility as a child care facility or back-
up child care facility providing daily care for
dependents who are mildly ill or need temporary
care for other reasons that disrupt the normal
care arrangements of employees.
Clause (i) shall not apply to a facility which is the
principal residence (within the meaning of section
1034) of the operator of the facility.
``(B) Special rules with respect to a taxpayer.--A
facility shall not be treated as a qualified child care
facility with respect to a taxpayer unless--
``(i) enrollment in the facility is open to
employees of the taxpayer during the taxable
year,
``(ii) the facility is not the principal
trade or business of the taxpayer, and
``(iii) the use of such facility (or the
eligibility to use such facility) does not
discriminate in favor of employees of the
taxpayer who are highly compensated employees
(within the meaning of section 414(q)).
``(C) Child care facilities sponsored by more than
one taxpayer.--A facility that is sponsored by more
than 1 taxpayer shall be treated as a qualified child
care facility if it meets the requirements of this
paragraph.
``(3) Qualified child care facility expenses.--The term
`qualified child care facility expenses' means any amount paid
or incurred--
``(A) for the operating costs of a qualified child
care facility of the taxpayer,
``(B) under a contract with a qualified child care
facility to provide child care services to employees of
the taxpayer, or
``(C) under a contract to provide child care
resource and referral coordination services to
employees of the taxpayer.
``(4) Qualified child care facility start-up expenses.--The
term `qualified child care facility start-up expenses' means
any amount paid or incurred--
``(A) to acquire, construct, rehabilitate, or
expand property--
``(i) which is to be used as part of a
qualified child care facility of the taxpayer,
``(ii) with respect to which a deduction
for depreciation (or amortization in lieu of
depreciation) is allowable, and
``(iii) which does not constitute part of
the principal residence (within the meaning of
section 1034) of the taxpayer or any employee
of the taxpayer, or
``(B) to acquire equipment and supplies necessary
for the operation of a qualified child care facility.
``(d) Child Care Facilities Sponsored by More Than One Taxpayer.--
In the case of a qualified child care facility that is sponsored by
more than 1 taxpayer, the credit determined under paragraphs (1) and
(2) of subsection (a) for each taxpayer for any taxable year may be
apportioned among the taxpayers in any manner determined by the
taxpayers.
``(e) Recapture of Acquisition and Construction Credit.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified child
care facility of the taxpayer, then the tax of the taxpayer
under this chapter for such taxable year shall be increased by an
amount equal to the product of--
``(A) the applicable recapture percentage, and
``(B) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the qualified child care
facility expenses of the taxpayer described in
subsection (c)(4) with respect to such facility had
been zero.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
The applicable
recapture
``If the recapture event occurs in:
percentage is:
Years 1-3............................ 100
Year 4............................... 90
Year 5............................... 80
Year 6............................... 70
Year 7............................... 60
Year 8............................... 50
Year 9............................... 40
Year 10 and thereafter............... 0.
``(B) Years.--For purposes of subparagraph (A),
year 1 shall begin on the first day of the taxable year
in which the qualified child care facility is placed in
service by the taxpayer.
``(3) Recapture event defined.--For purposes of this
subsection, the term `recapture event' means--
``(A) Cessation of operation.--The cessation of the
operation of the facility as a qualified child care
facility.
``(B) Change in ownership.--
``(i) In general.--Except as provided in
clause (ii), the disposition of a taxpayer's
interest in a qualified child care facility
with respect to which the credit described in
subsection (a) was allowable.
``(ii) Agreement to assume recapture
liability.--Clause (i) shall not apply if the
person acquiring such interest in the facility
agrees in writing to assume the recapture
liability of the person disposing of such
interest in effect immediately before such
disposition. In the event of such an
assumption, the person acquiring the interest
in the facility shall be treated as the
taxpayer for purposes of assessing any
recapture liability (computed as if there had
been no change in ownership).
``(4) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under subpart A, B, or D of this
part.
``(C) No recapture by reason of casualty loss.--The
increase in tax under this subsection shall not apply
to a cessation of operation of the facility as a
qualified child care facility by reason of a casualty
loss to the extent such loss is restored by
reconstruction or replacement within a reasonable
period established by the Secretary.
``(f) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--All persons which are treated as
a single employer under subsections (a) and (b) of section 52
shall be treated as a single taxpayer.
``(2) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(3) Allocation in the case of partnerships.--In the case
of partnerships, the credit shall be allocated among partners
under regulations prescribed by the Secretary.
``(g) No Double Benefit.--
``(1) Reduction in basis.--For purposes of this subtitle--
``(A) In general.--If a credit is determined under
this section with respect to any property by reason of
expenditures described in subsection (c)(4), the basis
of such property shall be reduced by the amount of the
credit so determined.
``(B) Certain dispositions.--If during any taxable
year there is a recapture amount determined with
respect to any property the basis of which was reduced
under subparagraph (A), the basis of such property
(immediately before the event resulting in such
recapture) shall be increased by an amount equal to
such recapture amount. For purposes of the preceding
sentence, the term `recapture amount' means any
increase in tax (or adjustment in carrybacks or
carryovers) determined under subsection (e).
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to the amount of the credit determined under this
section.
``(h) Termination.--This section shall not apply to taxable years
beginning after December 31, 2008.''
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking out ``plus'' at the end of
paragraph (11),
(B) by striking out the period at the end of
paragraph (12), and inserting a comma and ``plus'', and
(C) by adding at the end the following new
paragraph:
``(13) the employer-provided child care credit determined
under section 45D.''
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45D. Employer-provided child care
credit.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Worksite Child Care Development Center Act of 1998 - Amends the Internal Revenue Code to provide a limited tax credit for employers who provide child care assistance for dependents of their employees. Terminates such credit for taxable years beginning after December 31, 2008. | {"src": "billsum_train", "title": "Worksite Child Care Development Center Act of 1998"} | 2,569 | 53 | 0.574837 | 1.333022 | 0.764715 | 3.130435 | 51.978261 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Pest Detection and
Surveillance Improvement Act''.
SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT
INTRODUCTION OR SPREAD OF PESTS.
(a) Definitions.--In this section:
(1) Department of agriculture.--The term ``department of
agriculture'' means an agency of a State or political
subdivision of a State that has a legal responsibility to
perform early pest detection and surveillance activities.
(2) Early pest detection and surveillance.--The term
``early pest detection and surveillance'' means the full range
of activities undertaken to find newly introduced pests,
whether new to the United States or new to certain areas of the
United States, before the pests become established, or before
pest infestations become too large and costly to eradicate or
control.
(3) Pest.--The term ``pest'' has the meaning given the term
``plant pest'' in section 403(14) of the Plant Protection Act
(7 U.S.C. 7702(14)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(b) Cooperative Agreements Authorized.--Subject to the availability
of appropriated funds to carry out this section, the Secretary of
Agriculture may enter into a cooperative agreement with a department of
agriculture for the purpose of assisting early pest detection and
surveillance efforts by the department of agriculture through an array
of methods, including survey, pest trapping, sampling or surveillance
of domestic shipments, specimen collection, and modeling and mapping of
pest populations.
(c) Application.--A department of agriculture seeking to enter into
a cooperative agreement under this section shall submit an application
to the Secretary containing such information as the Secretary may
require. The Secretary shall notify applicants of the following:
(1) The requirements to be imposed on a department of
agriculture for auditing of, and reporting on, the use of any
funds provided by the Secretary under the cooperative
agreement.
(2) The criteria to be used to ensure that early pest
detection and surveillance activities supported under the
cooperative agreement are based on knowledge, experience, and
capabilities.
(3) The means of identifying pathways of pest
introductions.
(4) The methods to be used to determine the level of
support for proposed early pest detection and surveillance
activities by private and public interests adversely affected
by pests.
(d) Consultation.--The Secretary will consult with the National
Plant Board and the National Association of State Departments of
Agriculture in carrying out this section.
(e) Special Considerations.--In determining whether to enter into a
cooperative agreement with a department of agriculture under this
section, and the amount of any funds to be provided under the
agreement, the Secretary shall consider the following factors:
(1) The potential economic risk to the people, plants,
livestock, property, economy, and environment of the State due
to the introduction of a pest.
(2) The likelihood that the early pest detection and
surveillance activity to be supported will prevent the
introduction of a pest or facilitate the eradication of a pest.
(3) The extent to which the funds provided under the
agreement will be used to leverage non-Federal funds.
(4) The extent to which departments of agriculture in the
State are conducting early pest detection and surveillance
activities to prevent the introduction of pests or facilitate
the eradication of a pest.
(5) The extent to which the early pest detection and
surveillance activity would provide a comprehensive approach
that would compliment Federal exclusion activities.
(6) Such other factors as the Secretary determines to be
appropriate.
(f) Use of Funds.--A department of agriculture that receives funds
under this section shall use the funds to carry out early pest
detection and surveillance activities to prevent the introduction of a
pest or facilitate the eradication of a pest. These funds are intended
to augment the funds otherwise available to a department of agriculture
to perform early pest detection and surveillance activities, and not to
replace such funds.
(g) Cost-Sharing Requirements.--
(1) Federal cost share.--Except as provided in paragraph
(3), the Federal share of the cost of carrying out an
authorized early pest detection and surveillance activity under
this section shall not exceed 50 percent.
(2) Form of non-federal cost share.--The non-Federal share
of the cost of carrying out an authorized early pest detection
and surveillance activity may be provided in cash or in kind.
(3) Exception.--Paragraph (1) shall not apply to a early
pest detection and surveillance activity in any case which--
(A) the Secretary establishes criteria that would
apply in any situation in which, with respect to an
early pest detection and surveillance activity, a
Federal share of greater than 50 percent is necessary
to meet the needs of an underserved area or to address
a critical need that cannot be addressed by other
means; and
(B) the activity meets those criteria, as
determined by the Secretary.
(h) Reporting Requirement.--Not later than 180 days after the date
of completion of an early pest detection and surveillance activity
conducted by a department of agriculture using funds provided under
this section, the department of agriculture shall submit to the
Secretary a report that describes the purposes and results of the
activities.
(i) Relationship to Other Programs.--Funds made available under
this section are intended to supplement, and not replace, assistance
made available to departments of agriculture under other laws to
support early pest detection and surveillance activities.
(j) No Effect on PILT Payments.--The receipt of a funds by any
department of agriculture of a State under this section shall have no
effect on the amount of any payment received by the State under chapter
69 of title 31, United States Code.
(k) Authorization of Appropriations.-- There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2006 through 2010 to carry out this section. Not more
than five percent of the funds made available for a fiscal year may be
used by the Secretary for administrative costs. | Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture for assisting early pest (plant pest) detection and surveillance efforts by such department through an array of methods, including survey, pest trapping, sampling or surveillance of domestic shipments, specimen collection, and modeling and mapping of pest populations.
Requires the Secretary, in determining whether to enter into such an agreement, to consider specified factors, including: (1) the potential economic risk to the state's people, plants, livestock, property, economy, and environment due to the introduction of a pest; and (2) the likelihood that the early pest detection and surveillance activity will prevent the introduction or facilitate the eradication of a pest. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to enter into cooperative agreements with State and local governments to augment their efforts to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States."} | 1,431 | 167 | 0.660325 | 1.711668 | 0.830109 | 5.697987 | 9.060403 | 0.973154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Natural Gas Security and
Consumer Protection Act''.
SEC. 2. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS.
Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is
amended--
(1) by inserting before ``After six months from the date on
which'' the following: ``(1) Authorization for the importation
of natural gas.--'';
(2) by striking ``export any natural gas from the United
States to a foreign country or'';
(3) by striking ``exportation or''; and
(4) by adding at the end the following new paragraphs:
``(2) Authorization for the Exportation of Natural Gas.--
``(A) Prohibition.--No person may export any natural gas
from the United States to a foreign country without first
having secured an order of the Secretary of Energy authorizing
such person to do so.
``(B) Issuance of orders.--The Secretary of Energy may
issue an order authorizing a person to export natural gas from
the United States to a foreign country, upon application, if
the Secretary determines that the proposed exportation will be
consistent with the public interest, in accordance with the
regulations issued under paragraph (3)(B). The Secretary may by
order grant such application, in whole or in part, with such
modification and upon such terms and conditions as the
Secretary may find necessary or appropriate.
``(C) Timing.--No order may be issued by the Secretary of
Energy under this paragraph prior to the date on which the
Secretary issues final regulations under paragraph (3)(B).
``(3) Public Interest Determination.--
``(A) NEPA review.--The Secretary of Energy shall issue a
detailed statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) of the
environmental impact of the issuance of orders under paragraph
(2), including by conducting an analysis of the impacts of
extraction of exported natural gas on the environment in
communities where the natural gas is extracted.
``(B) Regulations.--
``(i) Deadline.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary of
Energy shall issue final regulations, after notice and
public comment, for determining whether an export of
natural gas from the United States to a foreign country
is in the public interest for purposes of issuing an
order under paragraph (2).
``(ii) Contents.--Regulations issued under this
paragraph shall require the Secretary of Energy to
determine, with respect to each application for export
of natural gas from the United States to a foreign
country, whether such export is in the public interest
through--
``(I) use of the latest available data on
current and projected United States natural gas
demands, production, and price;
``(II) consideration of the effects of such
natural gas exports on--
``(aa) household and business
energy expenditures by electricity and
natural gas consumers in the United
States;
``(bb) the United States economy,
jobs, and manufacturing, including such
effects on wages, investment, and
energy intensive and trade exposed
industries, as determined by the
Secretary;
``(cc) the energy security of the
United States, including the ability of
the United States to reduce its
reliance on imported oil;
``(dd) the conservation of domestic
natural gas supplies to meet the future
energy needs of the United States;
``(ee) the potential for natural
gas use in the transportation,
industrial, and electricity sectors of
the United States;
``(ff) the ability of the United
States to reduce greenhouse gas
emissions;
``(gg) the national security and
foreign policy of the United States;
``(hh) domestic natural gas supply
and availability, including such
effects on pipelines and other
infrastructure;
``(ii) the balance of trade of the
United States; and
``(jj) other issues determined
relevant by the Secretary; and
``(III) consideration of the detailed
statement issued under subparagraph (A).
``(4) Exemptions.--Paragraph (2) does not apply with respect to any
order authorizing the exportation of natural gas if the natural gas
that would be exported as a result of the order is exported solely to
meet a requirement imposed pursuant to section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702), section 5(b) of the
Trading with the Enemy Act (50 U.S.C. App. 5(b)), or part B of title II
of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.). In
such cases, the Secretary of Energy may issue such order upon
application without modification or delay.''. | American Natural Gas Security and Consumer Protection Act - Amends the Natural Gas Act to prohibit any person from exporting any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing such person to do so. Allows the Secretary to issue an order authorizing such exportation, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest. Requires the Secretary to issue an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, including by analyzing the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. Directs the Secretary to issue final regulations for determining whether an export of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from such EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the International Emergency Economic Powers Act (regarding presidential foreign exchange transaction authorities), (2) the Trading with the Enemy Act (regarding such transaction authorities in wartime), or (3) the Energy Policy and Conservation Act (regarding the International Energy Program). Authorizes the Secretary to issue such an order upon application in such cases without modification or delay. | {"src": "billsum_train", "title": "American Natural Gas Security and Consumer Protection Act"} | 1,084 | 287 | 0.700168 | 1.89203 | 0.922378 | 4.116279 | 3.937984 | 0.891473 |
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