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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``World War I
Centennial Commission Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of World War I Centennial Commission.
Sec. 5. Duties of Centennial Commission.
Sec. 6. Powers of Centennial Commission.
Sec. 7. Centennial Commission personnel matters.
Sec. 8. Termination of Centennial Commission.
Sec. 9. Prohibition on obligation of Federal funds.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) From 2014 through 2018, the United States and nations
around the world will mark the centennial of World War I, including
the entry of the United States into the war in April 1917.
(2) America's support of Great Britain, France, Belgium, and
its other allies in World War I marked the first time in United
States history that American soldiers went abroad in defense of
liberty against foreign aggression, and it marked the true
beginning of the ``American century''.
(3) Although World War I was at the time called ``the war to
end all wars'', in fact the United States would commit its troops
to the defense of foreign lands 3 more times in the 20th century.
(4) More than 4,000,000 men and women from the United States
served in uniform during World War I, among them 2 future
presidents, Harry S. Truman and Dwight D. Eisenhower. Two million
individuals from the United States served overseas during World War
I, including 200,000 naval personnel who served on the seas. The
United States suffered 375,000 casualties during World War I,
including 116,516 deaths.
(5) The events of 1914 through 1918 shaped the world, the
United States, and the lives of millions of people.
(6) The centennial of World War I offers an opportunity for
people in the United States to learn about and commemorate the
sacrifices of their predecessors.
(7) Commemorative programs, activities, and sites allow people
in the United States to learn about the history of World War I, the
United States involvement in that war, and the war's effects on the
remainder of the 20th century, and to commemorate and honor the
participation of the United States and its citizens in the war
effort.
SEC. 3. DEFINITIONS.
In this Act--
(1) America's national world war i museum.--The term
``America's National World War I Museum'' means the Liberty
Memorial Museum in Kansas City, Missouri, as recognized by Congress
in section 1031(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2045).
(2) Centennial commission.--The term ``Centennial Commission''
means the World War I Centennial Commission established by section
4(a).
(3) Veterans service organization.--The term ``veterans service
organization'' means any organization recognized by the Secretary
of Veterans Affairs for the representation of veterans under
section 5902 of title 38, United States Code.
SEC. 4. ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``World War I Centennial Commission''.
(b) Membership.--
(1) Composition.--The Centennial Commission shall be composed
of 12 members as follows:
(A) Two members who shall be appointed by the Speaker of
the House of Representatives.
(B) One member who shall be appointed by the minority
leader of the House of Representatives.
(C) Two members who shall be appointed by the majority
leader of the Senate.
(D) One member who shall be appointed by the minority
leader of the Senate.
(E) Three members who shall be appointed by the President
from among persons who are broadly representative of the people
of the United States (including members of the Armed Forces,
veterans, and representatives of veterans service
organizations).
(F) One member who shall be appointed by the executive
director of the Veterans of Foreign Wars of the United States.
(G) One member who shall be appointed by the executive
director of the American Legion.
(H) One member who shall be appointed by the president of
the Liberty Memorial Association.
(2) Time for appointment.--The members of the Centennial
Commission shall be appointed not later than 60 days after the date
of the enactment of this Act.
(3) Period of appointment.--Each member shall be appointed for
the life of the Centennial Commission.
(4) Vacancies.--A vacancy in the Centennial Commission shall be
filled in the manner in which the original appointment was made.
(c) Meetings.--
(1) Initial meeting.--
(A) In general.--Not later than 30 days after the date on
which all members of the Centennial Commission have been
appointed, the Centennial Commission shall hold its first
meeting.
(B) Location.--The location for the meeting held under
subparagraph (A) shall be the America's National World War I
Museum.
(2) Subsequent meetings.--
(A) In general.--The Centennial Commission shall meet at
the call of the Chair.
(B) Frequency.--The Chair shall call a meeting of the
members of the Centennial Commission not less frequently than
once each year.
(C) Location.--Not less frequently than once each year, the
Centennial Commission shall meet at the America's National
World War I Museum.
(3) Quorum.--Seven members of the Centennial Commission shall
constitute a quorum, but a lesser number may hold hearings.
(d) Chair and Vice Chair.--The Centennial Commission shall select a
Chair and Vice Chair from among its members.
SEC. 5. DUTIES OF CENTENNIAL COMMISSION.
(a) In General.--The duties of the Centennial Commission are as
follows:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities commemorating
the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(5) To develop recommendations for Congress and the President
for commemorating the centennial of World War I.
(b) Reports.--
(1) Periodic report.--Not later than the last day of the 6-
month period beginning on the date of the enactment of this Act,
and not later than the last day of each 3-month period thereafter,
the Centennial Commission shall submit to Congress and the
President a report on the activities and plans of the Centennial
Commission.
(2) Recommendations.--Not later than 2 years after the date of
the enactment of this Act, the Centennial Commission shall submit
to Congress and the President a report containing specific
recommendations for commemorating the centennial of World War I and
coordinating related activities.
SEC. 6. POWERS OF CENTENNIAL COMMISSION.
(a) Hearings.--The Centennial Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Centennial Commission considers appropriate to
carry out its duties under this Act.
(b) Powers of Member and Agents.--If authorized by the Centennial
Commission, any member or agent of the Centennial Commission may take
any action which the Centennial Commission is authorized to take under
this Act.
(c) Information From Federal Agencies.--The Centennial Commission
shall secure directly from any Federal department or agency such
information as the Centennial Commission considers necessary to carry
out the provisions of this Act. Upon the request of the Chair of the
Centennial Commission, the head of such department or agency shall
furnish such information to the Centennial Commission.
(d) Administrative Support Services.--Upon the request of the
Centennial Commission, the Administrator of the General Services
Administration shall provide to the Centennial Commission, on a
reimbursable basis, the administrative support services necessary for
the Centennial Commission to carry out its responsibilities under this
Act.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Centennial Commission is authorized--
(A) to procure supplies, services, and property; and
(B) to make or enter into contracts, leases, or other legal
agreements.
(2) Limitation.--The Centennial Commission may not enter into
any contract, lease, or other legal agreement that extends beyond
the date of the termination of the Centennial Commission under
section 8(a).
(f) Postal Services.--The Centennial Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--The Centennial Commission shall
accept, use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of covering the costs
incurred by the Centennial Commission to carry out its duties under
this Act.
SEC. 7. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Centennial Commission
shall serve without compensation for such service.
(b) Travel Expenses.--Each member of the Centennial Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with the applicable provisions of title 5,
United States Code.
(c) Staff.--
(1) In general.--The Chair of the Centennial Commission shall,
in consultation with the members of the Centennial Commission,
appoint an executive director and such other additional personnel
as may be necessary to enable the Centennial Commission to perform
its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the Chair of
the Centennial Commission may fix the compensation of the
executive director and any other personnel appointed under
paragraph (1).
(B) Limitation.--The Chair of the Centennial Commission may
not fix the compensation of the executive director or other
personnel appointed under paragraph (1) at a rate that exceeds
the rate of payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(C) Work location.--If the city government for Kansas City,
Missouri, and the Liberty Memorial Association make space
available in the building in which the America's National World
War I Museum is located, the executive director of the
Centennial Commission and other personnel appointed under
paragraph (1) shall work in such building to the extent
practical.
(d) Detail of Government Employees.--Upon request of the Centennial
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Centennial Commission to assist it in carrying out its duties under
this Act.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Centennial Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(f) Source of Funds.--Gifts, bequests, and devises of services or
property, both real and personal, received by the Centennial Commission
under section 6(g) shall be the only source of funds to cover the costs
incurred by the Centennial Commission under this section.
SEC. 8. TERMINATION OF CENTENNIAL COMMISSION.
(a) In General.--The Centennial Commission shall terminate on the
earlier of--
(1) the date that is 30 days after the date the completion of
the activities under this Act honoring the centennial observation
of World War I; or
(2) July 28, 2019.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the activities of the Centennial Commission under
this Act.
(2) Exception.--Section 14(a)(2) of such Act shall not apply to
the Centennial Commission.
SEC. 9. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds may be obligated to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 21, 2012. The summary of that version is repeated here.)
World War I Centennial Commission Act - Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop recommendations for Congress and the President for commemorating the centennial of World War I.
Prohibits the obligation of federal funds to carry out this Act. | {"src": "billsum_train", "title": "To establish a commission to ensure a suitable observance of the centennial of World War I, to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes."} | 2,848 | 165 | 0.50865 | 1.437013 | 0.656636 | 4.509677 | 16.36129 | 0.909677 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naismith Memorial Basketball Hall of
Fame Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on December 21, 1891, a young physical education
instructor named James Naismith introduced the game of ``basket
ball'' to his physical education class in Springfield,
Massachusetts;
(2) in 1959, the Naismith Memorial Basketball Hall of Fame
was founded and dedicated to the creator of basketball, Dr.
James Naismith, in Springfield, Massachusetts, ``The Birthplace
of Basketball'', and became the first and only museum to honor
the game at all levels around the world;
(3) the Naismith Memorial Basketball Hall of Fame honors
players who have achieved greatness, exemplary coaches,
referees, and other major contributors to the sport of
basketball;
(4) the Inaugural Hall of Fame Class of 1959 had 17
honorees who were inducted, including Dr. James Naismith,
George Mikan, Forrest C. Allen, Angelo Luisetti, the Original
Celtics, and the First Team;
(5) the Naismith Memorial Basketball Hall of Fame is
recognized throughout the world as the premier institution
entrusted with recording and disseminating the history of the
game of basketball and recognizing and honoring the
achievements of its greatest players, coaches, and
contributors;
(6) the Naismith Memorial Basketball Hall of Fame provides
an entertaining and enriching experience and is known for its
educational outreach programs that celebrate and promote
positive core values demonstrated by the hallowed heroes of
basketball and its founder;
(7) basketball is one of the national treasures of the
United States, with its fast pace that reflects the freedom of
expression and the modern experience of life in the 21st
century;
(8) since its opening in 1959, the Naismith Memorial
Basketball Hall of Fame is home to the largest collection of
basketball memorabilia in the world, including more than 30,000
3-dimensional objects, 800,000 photographs, and 1,500,000
documents;
(9) the Naismith Memorial Basketball Hall of Fame welcomes
more than 6,000,000 visitors interested in discovering the rich
history of the game through its stories, its personalities, and
its most celebrated moments;
(10) the Naismith Memorial Basketball Hall of Fame reaches
over 7,000,000 Americans through its educational programs,
events, exhibits, social media, and its interactive website;
(11) the customized educational programs of the Naismith
Memorial Basketball Hall of Fame use basketball to teach young
students around the world the important lessons on a variety of
topics, including financial literacy, mathematics, civil
rights, leadership of character, women's and men's history, and
geography; and
(12) the Naismith Memorial Basketball Hall of Fame will
lead the celebration of 60th anniversary of basketball and will
partner with a select group of constituents, including the
National Basketball Association, the National Collegiate
Athletic Association, and USA Basketball in commemorating the
game throughout the 2019-2020 basketball season.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) be struck on a planchet having a 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) be struck on a planchet having a diameter of
1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) be struck on a planchet having 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) Dome Shape.--The coins minted under this Act shall be in the
shape of a dome.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
(b) Designations and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2019''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection and Approval Process for Obverse Design.--
(1) In general.--The Secretary shall hold a competition to
determine the design of the common obverse of the coins minted
under this Act, with such design being emblematic of the game
of basketball.
(2) Selection and approval.--Proposals for the design of
coins minted under this Act may be submitted in accordance with
the design selection and approval process developed by the
Secretary in the sole discretion of the Secretary. The
Secretary shall encourage 3-dimensional models to be submitted
as part of the design proposals.
(3) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers and other employees of the United States
Mint, other Government employees, and members of the general
public.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000. The Secretary shall take
into account this compensation amount when determining the sale
price described in section 6(a).
(d) Reverse Design.--The design on the common reverse of the coins
minted under this Act shall depict a basketball.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2019.
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, winning design
compensation, 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 Naismith Memorial Basketball Hall of Fame to fund an endowment that
will enable the further operations of the Naismith Memorial Basketball
Hall of Fame.
(c) Audits.--The Naismith Memorial Basketball 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. | Naismith Memorial Basketball Hall of Fame Commemorative Coin Act This bill directs the Department of the Treasury, in recognition of the 60th anniversary of the Naismith Memorial Basketball Hall of Fame, to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins. The coins shall be in the shape of a dome, and the design on the common reverse of the coins shall depict a basketball. Treasury shall hold a competition to determine the design of the common obverse of the coins, which shall be emblematic of the game of basketball. The bill requires all sales of such coins to include specified surcharges, which shall be paid by Treasury to the Hall to fund an endowment for its operations. | {"src": "billsum_train", "title": "Naismith Memorial Basketball Hall of Fame Commemorative Coin Act"} | 2,033 | 161 | 0.494186 | 1.561682 | 0.580969 | 4.035461 | 13.198582 | 0.943262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Merger Review Act
of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) A stated intent of the Congress in enacting the
Telecommunications Act of 1996 was to reduce regulation.
(2) Under existing law, the Department of Justice and the
Federal Trade Commission exercise primary authority to review
all mergers, including telecommunications industry mergers. The
Federal Communications Commission has only limited authority
under the Clayton Act to review telecommunications industry
mergers.
(3) The Department of Justice and the Federal Trade
Commission have extensive expertise in analyzing issues of
industry concentration and its effects on competition. The
Federal Communications Commission has only limited expertise in
analyzing such issues.
(4) Notwithstanding the limitations on its Clayton Act
jurisdiction and on its substantive expertise, the Federal
Communications Commission exercises broad authority over
telecommunications industry mergers pursuant to the nonspecific
public interest standard and other provisions in the
Communications Act of 1934 that allow it to impose terms and
conditions on the assignment and transfer of licenses and other
authorizations.
(5) The Federal Communications Commission's exercise of
broad authority over telecommunications industry mergers
overreaches its intended statutory authority and its
substantive expertise and produces delay and inconsistency in
its decisions.
(6) Under existing law, parties to a proposed
telecommunications industry merger are unable to proceed
without the prior approval of the Federal Communications
Commission, even if the Department of Justice or the Federal
Trade Commission have already approved the merger.
(7) The Federal Communications Commission's existing
rulemaking and enforcement prerogatives constitute normal and
effective means of assuring that all licensees, including
parties to a telecommunications industry merger, operate in the
public interest.
(8) The primary jurisdiction and preeminent expertise of
the Department of Justice and the Federal Trade Commission on
all matters involving industry concentration and its effects on
competition, combined with the Federal Communications
Commission's existing rulemaking and enforcement prerogatives,
make the exercise of separate telecommunications industry
merger approval authority by the Federal Communications
Commission unnecessary.
(9) Because the duplication of effort, inconsistency, and
delay resulting from the Federal Communications Commission's
review of telecommunications industry mergers is unnecessary,
it imposes unwarranted costs on the industry, on the
Commission, and on the public, and it fails to serve the public
interest.
SEC. 3. REPEAL OF MERGER APPROVAL AUTHORITY.
Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by
striking ``in the Federal Communications Commission where applicable to
common carriers engaged in wire or radio communication or radio
transmission of energy;''.
SEC. 4. REPEAL OF AUTHORITY TO CONDITION LICENSES, ETC.
(a) Basic Administrative Authority.--Section 4(i) of the
Communications Act of 1934 (15 U.S.C. 154(i)) is amended by adding at
the end thereof the following: ``The authority of the Commission to
impose terms or conditions on the transfer or assignment of any license
or other authorization assigned or transferred in a merger or other
transaction subject to review by the Department of Justice or the
Federal Trade Commission is subject to section 314.''.
(b) Public Convenience and Necessity.--Section 214(c) of the
Communications Act of 1934 (47 U.S.C. 214(c)) is amended by inserting
after ``require.'' the following: ``The authority of the Commission to
impose terms or conditions on the transfer or assignment of any such
certificate assigned or transferred in a merger or other transaction
subject to review by the Department of Justice or the Federal Trade
Commission is subject to section 314.''.
(c) Restrictions and Conditions Necessary To Carry Out 1934 Act;
Treaties; International Conventions.--Section 303(r) of the
Communications Act of 1934 (47 U.S.C. 303(r)) is amended by adding at
the end thereof the following: ``The authority of the Commission under
this paragraph to impose terms or conditions on the transfer or
assignment of any license or other authority assigned or transferred in
a merger or other transaction subject to review by the Department of
Justice or the Federal Trade Commission is subject to section 314.''.
(d) Alien-Operated Amateur Radio Stations.--Section 310(d) of the
Communications Act of 1934 (47 U.S.C. 310(d)) is amended by adding at
the end thereof the following: ``The authority of the Commission to
impose terms or conditions on the transfer or assignment of any
authorization issued under this section that is assigned or transferred
in a merger or other transaction subject to review by the Department of
Justice or the Federal Trade Commission is subject to section 314.''.
(e) Preservation of Competition in Commerce.--Section 314 of the
Communications Act of 1934 (47 U.S.C. 314) is amended to read as
follows:
``SEC. 314. PRESERVATION OF COMPETITION IN COMMERCE.
``(a) In General.--Notwithstanding any other provision of law, the
Commission has no authority to review a merger or other transaction, or
to impose any term or condition on the assignment or transfer of any
license or other authorization issued under this Act that is proposed
to be assigned or transferred in the course of a merger or other
transaction, while that merger or other transaction is subject to
review by either the Department of Justice or the Federal Trade
Commission.
``(b) Communications Mergers Primarily Reviewable by DOJ and FTC.--
The Department of Justice, or the Federal Trade Commission, has primary
authority under existing law to review mergers and other transactions
involving the proposed assignment or transfer of any license or other
authorization issued under this Act. The Commission may file comments
in any proceeding before the Department of Justice or the Federal Trade
Commission to review a merger or other transaction involving the
proposed assignment or transfer of any license or other authorization
issued under this Act if those comments reflect the views of a majority
of the Commission.
``(c) Commission Shall Implement DOJ or FTC Decision Without
Additional Terms or Conditions.--If--
``(1) the Department of Justice or the Federal Trade
Commission reviews a merger or other transaction involving the
proposed assignment or transfer of any license or other
authorization issued under this Act; and
``(2) it issues a written decision of absolute or
conditional approval of, or issues a written statement of
nonintervention in, the proposed merger or other transaction,
then the Commission shall authorize the assignment or transfer of any
license or other authorization involved in the merger or transaction in
accordance with the decision, if any, or as proposed, if a written
statement of nonintervention is issued. The Commission may not impose
any other term or condition on the assignment or transfer of the
license or other authorization so assigned or transferred, or impose
any other obligation on any party to that merger or transaction.
``(d) Commission Review of Mergers Absent DOJ or FTC
Pronouncement.--
``(1) In general.--The Commission may not review any
application for assignment or transfer of a license or other
authorization issued under this Act in connection with a merger
or other transaction unless neither the Department of Justice
nor the Federal Trade Commission issues a decision or statement
described in subsection (c)(2) in connection with that merger
or other transaction.
``(2) 60-day turnaround.--The Commission shall conclude any
review of a merger or other transaction it may conduct under
paragraph (1) within 60 days after the date on which the
Department of Justice and the Federal Trade Commission,
whichever is appropriate, issues such a decision or statement.
``(3) Presumption; default approval.--In reviewing an
application under paragraph (1), the Commission shall apply a
presumption in favor of unconditional approval of the
application. If the Commission fails to issue a final decision
within the 60-day period described in paragraph (2), the
application shall be deemed to have been granted
unconditionally by the Commission.''. | Amends the Communications Act of 1934 (the Act) to mandate that the FCC has no authority to review a merger or other transaction (merger), or to impose any term or condition on the assignment or transfer of any license or other authorization (license) issued under the Act that is proposed to be assigned or transferred in the course of a merger, while that merger is subject to review by either the Department of Justice (DOJ) or the Federal Trade Commission (FTC). Empowers DOJ and FTC with primary authority to review mergers involving the proposed assignment or transfer of any license issued under the Act. Authorizes the FCC to file comments in any such proceeding.
States that, if DOJ or FTC reviews a merger and issues either a written decision of approval or a written statement of nonintervention in such merger, then the FCC shall authorize the assignment or transfer of any license involved therein. Prohibits the FCC from imposing any other term or condition on the assignment or transfer of such license, or imposing any other obligation on any party to such merger.
Prohibits the FCC from reviewing any application for assignment or transfer of a license issued under the Act in connection with a merger unless neither DOJ nor the FTC issues a decision or statement in connection with such merger. Requires the FCC to conclude any review so conducted within 60 days after DOJ or FTC issues such a decision or statement. | {"src": "billsum_train", "title": "Telecommunications Merger Review Act of 1999"} | 1,785 | 315 | 0.478583 | 1.469633 | 0.725414 | 4.723881 | 6.048507 | 0.932836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Security Coordination
Improvement Act''.
SEC. 2. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL
SUPPLY CHAIN.
Paragraph (2) of section 201(g) of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as
follows:
``(2) Updates.--Not later than 270 days after the date of
the enactment of this paragraph and every three years
thereafter, the Secretary shall submit to the appropriate
congressional committees a report that contains an update of
the strategic plan required by subsection (a).''.
SEC. 3. CONTAINER SECURITY INITIATIVE.
Subsection (l) of section 205 of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 945) is amended--
(1) by striking ``(1)In general.--Not later than September
30, 2007,'' and inserting ``Not later than 270 days after the
date of the enactment of the Border and Maritime Security
Coordination Improvement Act,'';
(2) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively, and by moving the
margins of such paragraphs (as so redesignated) two ems to the
left; and
(3) by striking paragraph (2).
SEC. 4. CYBER AT PORTS.
(a) Cybersecurity Enhancements to Maritime Security Activities.--
Subparagraph (B) of section 70112(a)(2) of title 46, United States
Code, is amended--
(1) by redesignating clauses (i) through (iii) as clauses
(ii) and (iv), respectively; and
(2) by inserting before clause (ii) the following new
clause:
``(i) shall facilitate the sharing of information relating
to cybersecurity risks and incidents (as such terms are defined
in section 227 of the Homeland Security Act of 2002 (6 U.S.C.
148)) to address port-specific cybersecurity risks and
incidents, which may include the establishment of a working
group of members of such committees to address such port-
specific cybersecurity risks and incidents;''.
(b) Vulnerability Assessments and Security Plans.--Title 46, United
States Code, is amended--
(1) in subparagraph (C) of section 70102(b)(1), by
inserting ``cybersecurity,'' after ``physical security,''; and
(2) in subparagraph (C) of section 70103(c)(3)--
(A) in clause (i), by inserting ``cybersecurity,''
after ``physical security,'';
(B) in clause (iv), by striking ``and'' after the
semicolon at the end;
(C) by redesignating clause (v) as clause (vi); and
(D) by inserting after clause (iv) the following
new clause:
``(v) prevention, management, and response to cybersecurity risks
and incidents (as such terms are defined in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)); and''.
SEC. 5. FACILITY INSPECTION INTERVALS.
Subparagraph (D) of section 70103(c)(4) of title 46, United States
Code, is amended to read as follows:
``(D) subject to the availability of
appropriations, verify the effectiveness of each such
facility security plan periodically, but not less than
one time per year without notice, and more frequently
as determined necessary, in a risk based manner, with
or without notice to the facility.''.
SEC. 6. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.
(a) In General.--Section 218 of the Security and Accountability for
Every Port Act of 2006 (6 U.S.C. 968) is amended to read as follows:
``SEC. 218. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.
``Not later than 30 days before signing an arrangement between the
United States and a foreign government providing for mutual recognition
of supply chain security practices which might result in the
utilization of benefits described in section 214, 215, or 216, the
Secretary shall--
``(1) notify the appropriate congressional committees of
the proposed terms of such arrangement; and
``(2) determine, in consultation with the Commissioner,
that such foreign government's supply chain security program
provides comparable security as that provided by C-TPAT.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Security and Accountability for Every Port Act of 2006 is amended
by amending the item relating to section 218 to read as follows:
``Sec. 218. Recognition of other countries' trusted shipper
programs.''.
SEC. 7. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 434. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
``Not later than 180 days after the date of the enactment of this
section and biennially thereafter, the Secretary shall submit to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a maritime
operations coordination plan for the coordination and cooperation of
maritime operations undertaken by components and offices of the
Department with responsibility for maritime security missions. Such
plan shall update the maritime operations coordination plan released by
the Department in July 2011, and shall address the following:
``(1) Coordination of planning, integration of maritime
operations, and development of joint maritime domain awareness
efforts of any component or office of the Department with
responsibility for maritime homeland security missions.
``(2) Maintaining effective information sharing and, as
appropriate, intelligence integration, with Federal, State, and
local officials and the private sector, regarding threats to
maritime security.
``(3) Cooperation and coordination with other departments
and agencies of the Federal Government, and State and local
agencies, in the maritime environment, in support of maritime
homeland security missions.
``(4) Work conducted within the context of other national
and Department maritime security strategic guidance.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 433 the following new item:
``Sec. 434. Updates of maritime operations coordination plan.''.
SEC. 8. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
report that describes and assesses the state of the Coast Guard's
Deployable Specialized Forces (in this section referred to as the
``DSF''). Such report shall include, at a minimum, the following
elements:
(1) For each of the past three fiscal years, and for each
type of DSF, the following:
(A) A cost analysis, including training, operating,
and travel costs.
(B) The number of personnel assigned.
(C) The total number of units.
(D) The total number of operations conducted.
(E) The number of operations requested by each of
the following:
(i) The Coast Guard.
(ii) Other components or offices of the
Department of Homeland Security.
(iii) Other Federal departments or
agencies.
(iv) State agencies.
(v) Local agencies.
(F) The number of operations fulfilled by the
entities specified in subparagraph (E).
(2) An examination of alternative distributions of DSFs,
including the feasibility, cost (including cost savings), and
impact on mission capability of such distributions, including
at a minimum the following:
(A) Combining DSFs, primarily focused on
counterdrug operations, under one centralized command.
(B) Distributing counter-terrorism and anti-
terrorism capabilities to DSFs in each major United
States port.
(b) Deployable Specialized Force Defined.--In this section, the
term ``Deployable Specialized Force'' means a unit of the Coast Guard
that serves as a quick reaction force designed to be deployed to handle
counter-drug, counter-terrorism, and anti-terrorism operations or other
maritime threats to the United States.
SEC. 9. COST BENEFIT ANALYSIS OF CO-LOCATING DHS ASSETS.
(a) In General.--For any location in which U.S. Customs and Border
Protection's Office of Air and Marine Operations is based within 45
miles of locations where any other Department of Homeland Security
agency also operates air and marine assets, the Secretary of Homeland
Security shall conduct a cost-benefit analysis to consider the
potential cost of and savings derived from co-locating aviation and
maritime operational assets of the Office of Air and Marine Operations
at facilities where other agencies of the Department operate such
assets. In analyzing such potential cost savings achieved by sharing
aviation and maritime facilities, such analysis shall consider, at a
minimum, the following factors:
(1) Potential enhanced cooperation derived from Department
personnel being co-located.
(2) Potential costs of, and savings derived through, shared
maintenance and logistics facilities and activities.
(3) Joint use of base and facility infrastructure, such as
runways, hangars, control towers, operations centers, piers and
docks, boathouses, and fuel depots.
(4) Potential operational costs of co-locating aviation and
maritime assets and personnel.
(5) Short-term moving costs required in order to co-locate
facilities.
(6) Acquisition and infrastructure costs for enlarging
current facilities, as needed.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report summarizing the results of the cost-benefit analysis
required under subsection (a) and any planned actions based upon such
results.
SEC. 10. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY
AND SECURE SYSTEMS OF TRANSPORTATION.
Sections 70107A and 70116 of title 46, United States Code, are
repealed.
SEC. 11. CONFORMING AND CLERICAL AMENDMENTS.
(a) Sections.--The following provisions of the Security and
Accountability for Every Port Act of 2006 (Public Law 109-347) are
amended as follows:
(1) By striking section 105.
(2) By redesignating sections 106 and 107 as sections 105
and 106, respectively.
(3) By striking section 108.
(4) By redesignating sections 109 and 110 as sections 107
and 108, respectively.
(5) In section 121 (6 U.S.C. 921)--
(A) by striking subsections (c), (d), and (e); and
(B) by redesignating subsections (f), (g), (h), and
(i) as subsections (c), (d), (e), and (f),
respectively.
(6) By striking sections 122 and 127 (6 U.S.C. 922 and
927).
(7) By redesignating sections 123, 124, 125, 126, and 128
as sections 122, 123, 124, 125, and 126, respectively.
(8) In section 233 (6 U.S.C. 983), by striking subsection
(c).
(9) By striking section 235 (6 U.S.C. 984).
(10) By redesignating section 236 as section 235.
(11) By striking sections 701 and 708 (and the item
relating to such section in the table of contents of such Act).
(12) By redesignating sections 702, 703, 704, 705, 706,
707, and 709 as sections 701, 702, 703, 704, 705, 706, and 707,
respectively.
(b) Table of Contents.--
(1) Security and accountability for every port act of
2006.--The table of contents of the Security and Accountability
for Every Port Act of 2006 (Public Law 109-347) is amended as
follows:
(A) In the list of items relating to subtitle A of
title I, by striking the items relating to sections 105
through 110 and inserting the following new items:
``Sec. 105. Prohibition of issuance of transportation security cards to
persons convicted of certain felonies.
``Sec. 106. Long-range vessel tracking.
``Sec. 107. Notice of arrival for foreign vessels on the Outer
Continental Shelf.
``Sec. 108. Enhanced crewmember identification.''.
(B) In the list of items relating to subtitle C of
title I, by striking the items relating to sections 122
through 128 and inserting the following new items:
``Sec. 122. Random searches of containers.
``Sec. 123. Work stoppages and employee-employer disputes.
``Sec. 124. Threat assessment screening of port truck drivers.
``Sec. 125. Border Patrol unit for United States Virgin Islands.
``Sec. 126. Center of Excellence for Maritime Domain Awareness.''.
(C) In the list of items relating to subtitle C of
title II, by striking the items relating to sections
235 and 236 and inserting the following new item:
``Sec. 235. Information sharing relating to supply chain security
cooperation.''.
(D) In the list of items relating to title VII, by
striking the items relating to sections 701 through 709
and inserting the following new items:
``Sec. 701. Disclosures regarding homeland security grants.
``Sec. 702. Trucking security.
``Sec. 703. Air and Marine Operations of the Northern Border Air Wing.
``Sec. 704. Phaseout of vessels supporting oil and gas development.
``Sec. 705. Coast Guard property in Portland, Maine.
``Sec. 706. Methamphetamine and methamphetamine precursor chemicals.
``Sec. 707. Protection of health and safety during disasters.''.
(2) Title 46.--In the list of items relating to the
analysis for chapter 701 of title 46, United States Code, by
striking the items relating to sections 70107A and 70116. | Maritime Security Coordination Improvement Act This bill amends the Security and Accountability for Every Port Act of 2006 to direct the Department of Homeland Security (DHS), by 270 days after this bill's enactment: (1) and every three years thereafter, to submit an update of the strategic plan to enhance the security of the international supply chain; and (2) to report on the effectiveness of, and need for any improvements to, the Container Security Initiative. The bill requires an Area Maritime Security Advisory Committee to facilitate the sharing of information relating to cybersecurity risks and incidents to address port-specific cybersecurity risks and incidents. DHS's facility and vessel vulnerability assessments shall include identification of weaknesses in cybersecurity. The security plan submitted by an owner or operator of a vessel or facility for deterring a transportation security incident shall include provisions for prevention, management, and response to cybersecurity risks and incidents. DHS must verify the effectiveness of each such plan at least once (currently, twice) a year, and more frequently as necessary, in a risk-based manner. The bill requires DHS, at least 30 days before signing an arrangement with a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits offered to Tier 1, Tier 2, and Tier 3 participants in the Customs-Trade Partnership Against Terrorism (C-TPAT), to: (1) notify Congress of the proposed terms, and (2) determine that such government's program provides comparable security as that provided by C-TPAT. The bill amends the Homeland Security Act of 2002 to direct DHS, within 180 days and biennially thereafter, to submit to Congress a maritime operations coordination plan. The Government Accountability Office shall report on the state of the Coast Guard's Deployable Specialized Forces. DHS shall conduct a cost-benefit analysis, for any location in which U.S. Customs and Border Protection's Office of Air and Marine Operations is based within 45 miles of locations where any other DHS agency also operates air and marine assets, to consider the potential cost and savings from co-locating the operational assets of such office at facilities where such other DHS agencies operate such assets. The bill repeals provisions requiring DHS to establish: (1) interagency operational centers for port security at all high-priority ports, and (2) a program to evaluate and certify secure systems of international intermodal transportation. | {"src": "billsum_train", "title": "Maritime Security Coordination Improvement Act"} | 3,375 | 511 | 0.685642 | 2.19013 | 0.740536 | 3.744035 | 6.566161 | 0.893709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Redress Act of 2015''.
SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED
COUNTRIES.
(a) Civil Action; Civil Remedies.--With respect to covered records,
a covered person may bring a civil action against an agency and obtain
civil remedies, in the same manner, to the same extent, and subject to
the same limitations, including exemptions and exceptions, as an
individual may bring and obtain with respect to records under--
(1) section 552a(g)(1)(D) of title 5, United States Code,
but only with respect to disclosures intentionally or willfully
made in violation of section 552a(b) of such title; and
(2) subparagraphs (A) and (B) of section 552a(g)(1) of
title 5, United States Code, but such an action may only be
brought against a designated Federal agency or component.
(b) Exclusive Remedies.--The remedies set forth in subsection (a)
are the exclusive remedies available to a covered person under this
section.
(c) Application of the Privacy Act With Respect to a Covered
Person.--For purposes of a civil action described in subsection (a), a
covered person shall have the same rights, and be subject to the same
limitations, including exemptions and exceptions, as an individual has
and is subject to under section 552a of title 5, United States Code,
when pursuing the civil remedies described in paragraphs (1) and (2) of
subsection (a).
(d) Designation of Covered Country.--
(1) In general.--The Attorney General may, with the
concurrence of the Secretary of State, the Secretary of the
Treasury, and the Secretary of Homeland Security, designate a
foreign country or regional economic integration organization,
or member country of such organization, as a ``covered
country'' for purposes of this section if--
(A) the country or regional economic integration
organization, or member country of such organization,
has entered into an agreement with the United States
that provides for appropriate privacy protections for
information shared for the purpose of preventing,
investigating, detecting, or prosecuting criminal
offenses; or
(B) the Attorney General has determined that the
country or regional economic integration organization,
or member country of such organization, has effectively
shared information with the United States for the
purpose of preventing, investigating, detecting, or
prosecuting criminal offenses and has appropriate
privacy protections for such shared information.
(2) Removal of designation.--The Attorney General may, with
the concurrence of the Secretary of State, the Secretary of the
Treasury, and the Secretary of Homeland Security, revoke the
designation of a foreign country or regional economic
integration organization, or member country of such
organization, as a ``covered country'' if the Attorney General
determines that such designated ``covered country''--
(A) is not complying with the agreement described
under paragraph (1)(A);
(B) no longer meets the requirements for
designation under paragraph (1)(B); or
(C) impedes the transfer of information (for
purposes of reporting or preventing unlawful activity)
to the United States by a private entity or person.
(e) Designation of Designated Federal Agency or Component.--
(1) In general.--The Attorney General shall determine
whether an agency or component thereof is a ``designated
Federal agency or component'' for purposes of this section. The
Attorney General shall not designate any agency or component
thereof other than the Department of Justice or a component of
the Department of Justice without the concurrence of the head
of the relevant agency, or of the agency to which the component
belongs.
(2) Requirements for designation.--The Attorney General may
determine that an agency or component of an agency is a
``designated Federal agency or component'' for purposes of this
section, if--
(A) the Attorney General determines that
information exchanged by such agency with a covered
country is within the scope of an agreement referred to
in subsection (d)(1)(A); or
(B) with respect to a country or regional economic
integration organization, or member country of such
organization, that has been designated as a ``covered
country'' under subsection (d)(1)(B), the Attorney
General determines that designating such agency or
component thereof is in the law enforcement interests
of the United States.
(f) Federal Register Requirement; Nonreviewable Determination.--The
Attorney General shall publish each determination made under
subsections (d) and (e). Such determination shall not be subject to
judicial or administrative review.
(g) Jurisdiction.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction over any claim
arising under this section.
(h) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 552(f) of title 5, United States Code.
(2) Covered country.--The term ``covered country'' means a
country or regional economic integration organization, or
member country of such organization, designated in accordance
with subsection (d).
(3) Covered person.--The term ``covered person'' means a
natural person (other than an individual) who is a citizen of a
covered country.
(4) Covered record.--The term ``covered record'' has the
same meaning for a covered person as a record has for an
individual under section 552a of title 5, United States Code,
once the covered record is transferred--
(A) by a public authority of, or private entity
within, a country or regional economic organization, or
member country of such organization, which at the time
the record is transferred is a covered country; and
(B) to a designated Federal agency or component for
purposes of preventing, investigating, detecting, or
prosecuting criminal offenses.
(5) Designated federal agency or component.--The term
``designated Federal agency or component'' means a Federal
agency or component of an agency designated in accordance with
subsection (e).
(6) Individual.--The term ``individual'' has the meaning
given that term in section 552a(a)(2) of title 5, United States
Code.
(i) Preservation of Privileges.--Nothing in this section shall be
construed to waive any applicable privilege or require the disclosure
of classified information. Upon an agency's request, the district court
shall review in camera and ex parte any submission by the agency in
connection with this subsection.
(j) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act. | Judicial Redress Act of 2015 Authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records maintained by an agency. Allows DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, to designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization has appropriate privacy protections for sharing information with the United States to prevent, investigate, detect, or prosecute criminal offenses. Exempts DOJ's designations from judicial or administrative review. Grants the U.S. District Court for the District of Columbia exclusive jurisdiction over any claim arising under this Act. | {"src": "billsum_train", "title": "Judicial Redress Act of 2015"} | 1,474 | 193 | 0.581331 | 1.742939 | 0.83861 | 2.173077 | 8.615385 | 0.801282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Families from
Toxic Chemicals Act of 2014''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that the uses of chemical
substances, for which there is evidence of persistence,
bioaccumulation, toxicity, and exposure to humans or the environment,
are limited to those uses that are critical or essential.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chemical substance.--The term ``chemical substance''
has the meaning given the term in section 3 of the Toxic
Substances Control Act (15 U.S.C. 2602).
SEC. 4. IDENTIFICATION AND RESTRICTION OF PERSISTENT, BIOACCUMULATIVE,
AND TOXIC CHEMICAL SUBSTANCES.
(a) Identification.--
(1) Criteria.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
establish, by rule, criteria to identify chemical
substances that--
(i)(I) are persistent, bioaccumulative, and
toxic; or
(II) are transformed through metabolism or
environmental degradation into chemical
substances that are persistent,
bioaccumulative, and toxic; and
(ii) for which there is evidence of
exposure or likely exposure to humans or the
environment.
(B) Considerations.--In establishing the criteria
pursuant to subparagraph (A), the Administrator shall
consider a chemical substance--
(i) to be bioaccumulative if, based on
monitoring data or other evidence, the
Administrator determines that a chemical
substance significantly accumulates or is
likely to significantly accumulate in biota;
(ii) to be persistent if the Administrator
determines that the chemical substance
significantly persists or is likely to
significantly persist in 1 or more
environmental media, including the indoor
environment; and
(iii) to be toxic if the Administrator
determines that the chemical substance
demonstrates or is likely to demonstrate 1 or
more toxicological properties in humans or
animals.
(C) Revisions.--The Administrator may, by rule,
revise the criteria established pursuant to this
paragraph to reflect the best available science and
provide for equal or greater protection of human health
and the environment.
(2) List.--
(A) In general.--Not later than 180 days after the
date on which the rule under paragraph (1) is
finalized, the Administrator shall, by order, publish a
list of all chemical substances that meet those
criteria, based on information available to the
Administrator.
(B) Updates.--Not less frequently than once every 3
years after the initial publication of the list under
subparagraph (A), the Administrator shall update and
republish the list to incorporate new information that
becomes available to the Administrator.
(3) Prior evidence.--The following chemical substances are
considered, on the basis of existing evidence, to meet the
criteria established under paragraph (1):
(A) Anthracene, pure.
(B) Asbestos.
(C) Cadmium and cadmium compounds.
(D) Chloroalkanes, C10-13 (short-chain chlorinated
paraffins).
(E) p-Dichlorobenzene.
(F) Hexabromocyclododecane, including all major
diastereomers.
(G) Hexachlorobutadiene.
(H) Lead and lead compounds.
(I) Mercury and mercury compounds.
(J) Musk xylene.
(K) Pentachlorobenzene.
(L) Perfluorooctane sulfonic acid, its salts, and
perfluorooctane sulfonyl fluoride.
(M) Phenanthrene.
(N) Polybrominated biphenyls.
(O) Polybrominated diphenylethers.
(P) Polychlorinated terphenyls.
(Q) Tetrabromobisphenol A.
(R) 1,2,3-Trichlorobenzene.
(S) 1,2,4-Trichlorobenzene.
(T) 1,2,3,4-Tetrachlorobenzene.
(U) 1,2,4,5-Tetrachlorobenzene.
(b) Restrictions.--Not later than 1 year after the date of
enactment of this Act, for chemical substances listed in subsection
(a)(3), and not later than 1 year after the date on which the
Administrator identifies a chemical substance pursuant to subsection
(a)(2), the Administrator shall by order--
(1) identify the allowed uses, if any, of each such
chemical substance, pursuant to subsection (c);
(2) specify an effective date by which manufacture,
processing, and distribution in commerce of the chemical
substance for any uses not identified in paragraph (1) are
required to cease, with such effective date not to exceed 5
years from the date of the allowable use determination;
(3) identify any conditions on the manufacture, processing,
use, distribution in commerce, and disposal of the chemical
substance applicable to the allowed uses that the Administrator
determines are needed to protect public health and the
environment, with which manufacturers and processors of the
chemical substance must comply as of the effective date
specified by the Administrator under paragraph (2); and
(4) make public the determination of the Administrator
under this subsection, including--
(A) the basis for the determination;
(B) a list of allowed uses of the chemical
substance; and
(C) any conditions on manufacture, processing, use,
distribution in commerce, or disposal identified by the
Administrator.
(c) Allowable Uses.--
(1) In general.--The Administrator, by order issued under
subsection (b) or by separate order, may allow manufacturing,
processing, and distribution in commerce for a specified use of
a chemical substance identified under subsection (b), if the
Administrator first reviews and considers available evidence
and determines that--
(A) the use is a critical or essential use,
consistent with the criteria established pursuant to
subsection (d); or
(B) there is no discernible exposure to humans or
the environment, consistent with the criteria
established pursuant to subsection (e).
(2) Presumption.--Allowable uses of chemical substances
identified pursuant to subsection (b) shall include, unless the
Administrator determines by order that such uses do not meet
the requirements under paragraph (1)--
(A) a specific use of lead or cadmium, or a
compound of lead or cadmium, in lamps, solder, glass,
ceramics, metal alloys, plating, connectors, or
electronic components exempted from the Restriction on
Hazardous Substances Directive, Directive 2011/65/EU;
(B) a specific use of mercury compounds in lamps in
accordance with the Restriction on Hazardous Substances
Directive, Directive 2011/65/EU;
(C) the use of lead or lead compounds in lead-acid
batteries; and
(D) a specific use of perfluorooctane sulfonic
acid, the salts of perfluorooctane sulfonic acid, and
perfluorooctane sulfonyl fluoride if the specific use
is designated as 1 of the acceptable purposes or
specific exemptions under Part III of Annex B of the
Stockholm Convention on Persistent Organic Pollutants.
(3) Petition.--
(A) In general.--The Administrator may, on receipt
of a petition from the manufacturer or processor of a
chemical substance identified pursuant to subsection
(b), by order, allow manufacturing, processing, and
distribution in commerce for a specified use of the
chemical substance if the Administrator determines that
the manufacturer or processor has established by clear
and convincing evidence that the use qualifies as an
allowable use pursuant to the requirements under
paragraph (1).
(B) Notice.--Before making a determination under
subparagraph (A), the Administrator shall--
(i) in the case of petitions involving uses
of a chemical substance restricted by State
law, consult with the relevant State agencies;
(ii) publish in the Federal Register a
notice of receipt of the petition that
specifies the chemical identity of the chemical
substance to which the petition pertains;
(iii) make the petition available on
request;
(iv) provide a reasonable opportunity for
review and comment on the petition; and
(v) if the Administrator decides to allow a
specific use of a chemical substance under this
paragraph, consider any comments received by
the Administrator in making a determination as
to which, if any, conditions shall apply to the
allowed use.
(4) Term.--
(A) In general.--Any use allowed under paragraph
(1), (2), or (3) shall be granted for a term of not
more than 5 years, but may be renewed or revised in
accordance with subparagraph (B) if the Administrator
finds, after providing public notice and opportunity
for comment, that the allowed use or a revision to the
allowed use will continue to meet the requirements
under paragraph (1).
(B) Renewal.--The Administrator may renew the term
of the allowed use granted under subparagraph (A) for 1
or more additional terms of not more than 5 years each,
if the Administrator finds, after providing public
notice and opportunity for comment, that the allowed
use will continue to meet the requirements under
paragraph (1).
(C) Revision.--The Administrator may revise any
allowed use under consideration for renewal, taking
into account regulatory programs in States, new
amendments to the Restriction on Hazardous Substances
Directive, the Stockholm Convention on Persistent
Organic Pollutants, to ensure that the allowed use
continues to meet the requirements under paragraph (1).
(d) Criteria To Identify Critical or Essential Uses.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall, by order,
establish criteria to identify critical or essential uses of
chemical substances.
(2) Applicability.--The criteria under paragraph (1) shall
identify as critical or essential any use for which the
Administrator determines--
(A)(i) the use is in the paramount interest of
national security; or
(ii) the lack of availability of the chemical
substance would cause significant disruption in the
economy;
(B)(i) no feasible alternative for the specified
use is available; or
(ii) the specified use provides a net benefit to
public health, the environment, or public safety when
compared to all available alternatives, taking
comparative risks into account; and
(C) the use is consistent with international legal
obligations.
(e) Criteria To Identify Uses With No Discernible Exposure.--Not
later than 180 days after the date of enactment of this Act, the
Administrator shall, by rule, establish criteria for use in making the
determinations under subsection (d)(2), to identify uses of chemical
substances for which there is clear and convincing evidence that there
is no discernible exposure to humans and the environment from the
manufacturing, processing, distribution in commerce, use, or disposal
of--
(1) the chemical substance; or
(2) any article containing the chemical substance.
(f) New Chemical Substances.--
(1) In general.--For each new chemical substance subject to
section 5(a)(1) of the Toxic Substances Control Act (15 U.S.C.
2604(a)(1)), the Administrator shall determine, during the
period of notice review, whether the chemical substance, or a
degradation product or metabolite of the chemical substance,
meets the criteria established under subsection (a)(1).
(2) Allowable uses.--For each chemical substance identified
under paragraph (1), the Administrator shall, by order--
(A) allow, in a manner consistent with subsection
(b), manufacture, processing, and distribution in
commerce of the substance for a use which the
Administrator determines meets the requirements of
subsection (c);
(B) identify any conditions on the manufacture,
processing, use, distribution in commerce, and disposal
of the chemical substance applicable to the allowed use
that the Administrator determines may be needed to
protect public health and the environment, which shall
be complied with by a manufacturer or processor of the
chemical substance on the date on which the
manufacturer or processor commences manufacturing or
processing of the new chemical substance; and
(C) make public--
(i) the determination of the Administrator
under this paragraph;
(ii) the basis for the determination;
(iii) a list of allowed uses of the
chemical substance; and
(iv) any conditions on the manufacture,
processing, use, distribution in commerce, or
disposal of the chemical substance identified
by the Administrator. | Protecting America's Families from Toxic Chemicals Act of 2014 - Requires the Environmental Protection Agency (EPA) to establish criteria to identify chemical substances: (1) that are persistent, bioaccumulative, and toxic, or are transformed through metabolism or environmental degradation into chemical substances that have those characteristics; and (2) for which there is evidence of exposure or likely exposure to humans or the environment. Directs the EPA to publish a list of the chemical substances that meet those criteria within 180 days of the rule being finalized and update the list at least every three years. Lists chemical substances that are considered to have met the criteria on the basis of existing evidence, including asbestos, lead, and mercury. Requires the EPA to: (1) identify uses of each substance that are allowed until they are phased out; and (2) phase out the manufacture, processing, and distribution of listed chemicals within five years. Authorizes the EPA to allow the manufacturing, processing, and distribution of a listed chemical substance if it determines that the use is a critical and essential use and there is no discernible exposure to humans or the environment. Limits the exemption to a renewable or revisable term of five years. Requires the EPA to determine whether each new chemical substance subject to notice and testing requirements under the Toxic Substances Control Act meets the criteria for a listing as persistent, bioaccumulative, and toxic during the period of notice review. | {"src": "billsum_train", "title": "Protecting America's Families from Toxic Chemicals Act of 2014"} | 2,823 | 310 | 0.60295 | 1.654405 | 0.803898 | 2.923077 | 9.194139 | 0.864469 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individuals in Medicaid Deserve Care
that is Appropriate and Responsible in its Execution Act'' or the ``IMD
CARE Act''.
SEC. 2. MEDICAID STATE PLAN OPTION TO PROVIDE SERVICES FOR CERTAIN
INDIVIDUALS WITH TARGETED SUDS IN INSTITUTIONS FOR MENTAL
DISEASES.
Section 1915 of the Social Security Act (42 U.S.C. 1396n) is
amended by adding at the end the following new subsection:
``(l) State Plan Option To Provide Services for Certain Individuals
in Institutions for Mental Diseases.--
``(1) In general.--With respect to calendar quarters
beginning during the period beginning January 1, 2019, and
ending December 31, 2023, a State may elect, through a State
plan amendment, to, notwithstanding section 1905(a), provide
medical assistance for services furnished in institutions for
mental diseases and for other medically necessary services
furnished to eligible individuals with targeted SUDs, in
accordance with the requirements of this subsection.
``(2) Payments.--
``(A) In general.--Amounts expended under a State
plan amendment under paragraph (1) for services
described in such paragraph furnished, with respect to
a 12-month period, to an eligible individual with a
targeted SUD who is a patient in an institution for
mental diseases shall be treated as medical assistance
for which payment is made under section 1903(a) but
only to the extent that such services are furnished for
not more than a period of 30 days (whether or not
consecutive) during such 12-month period.
``(B) Clarification.--Payment made under this
paragraph for expenditures under a State plan amendment
under this subsection with respect to services
described in paragraph (1) furnished to an eligible
individual with a targeted SUD shall not affect payment
that would otherwise be made under section 1903(a) for
expenditures under the State plan (or waiver of such
plan) for medical assistance for such individual.
``(3) Information required in state plan amendment.--
``(A) In general.--A State electing to provide
medical assistance pursuant to this subsection shall
include with the submission of the State plan amendment
under paragraph (1) to the Secretary--
``(i) a plan on how the State will improve
access to outpatient care during the period of
the State plan amendment, including a
description of--
``(I) the process by which eligible
individuals with targeted SUDs will
make the transition from receiving
inpatient services in an institution
for mental diseases to appropriate
outpatient care; and
``(II) the process the State will
undertake to ensure eligible
individuals with targeted SUDs are
provided care in the most integrated
setting appropriate to the needs of the
individuals; and
``(ii) a description of how the State plan
amendment ensures an appropriate clinical
screening of eligible individuals with targeted
SUDs, including assessments to determine level
of care and length of stay recommendations
based upon the multidimensional assessment
criteria of the American Society of Addiction
Medicine and to determine the appropriate
setting for such care.
``(B) Report.--Not later than the sooner of
December 31, 2024, or 1 year after the date of the
termination of a State plan amendment under this
subsection, the State shall submit to the Secretary a
report that includes at least--
``(i) the number of eligible individuals
with targeted SUDs who received services
pursuant to such State plan amendment;
``(ii) the length of the stay of each such
individual in an institution for mental
diseases;
``(iii) the type of outpatient treatment,
including medication-assisted treatment, each
such individual received after being discharged
from such institution;
``(iv) the number of eligible individuals
with any co-occuring disorders who received
services pursuant to such State plan amendment
and the co-occuring disorders from which they
suffer; and
``(v) information regarding the effects of
a State plan amendment on access to community
care for individuals suffering from a mental
disease other than substance use disorder.
``(4) Definitions.--In this subsection:
``(A) Eligible individual with a targeted sud.--The
term `eligible individual with a targeted SUD' means an
individual who--
``(i) with respect to a State, is enrolled
for medical assistance under the State plan (or
a waiver of such plan);
``(ii) is at least 21 years of age;
``(iii) has not attained 65 years of age;
and
``(iv) has been diagnosed with at least one
targeted SUD.
``(B) Institution for mental diseases.--The term
`institution for mental diseases' has the meaning given
such term in section 1905(i).
``(C) Opioid prescription pain reliever.--The term
`opioid prescription pain reliever' includes
hydrocodone products, oxycodone products, tramadol
products, codeine products, morphine products, fentanyl
products, buprenorphine products, oxymorphone products,
meperidine products, hydromorphone products, methadone,
and any other prescription pain reliever identified by
the Assistant Secretary for Mental Health and Substance
Use.
``(D) Other medically necessary services.--The term
`other medically necessary services' means, with
respect to an eligible individual with a targeted SUD
who is a patient in an institution for mental diseases,
items and services that are provided to such individual
outside of such institution to the extent that such
items and services would be treated as medical
assistance for such individual if such individual were
not a patient in such institution.
``(E) Targeted sud.--
``(i) In general.--The term `targeted SUD'
means an opioid use disorder or a cocaine use
disorder.
``(ii) Cocaine use disorder.--The term
`cocaine use disorder' means a disorder that
meets the criteria of the Diagnostic and
Statistical Manual of Mental Disorders, 4th
Edition (or a successor edition), for either
dependence or abuse for cocaine, including
cocaine base (commonly referred to as `crack
cocaine').
``(iii) Opioid use disorder.--The term
`opioid use disorder' means a disorder that
meets the criteria of the Diagnostic and
Statistical Manual of Mental Disorders, 4th
Edition (or a successor edition), for heroin
use disorder or pain reliever use disorder
(including with respect to opioid prescription
pain relievers).''.
SEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is
amended by adding at the end the following new paragraph:
``(7)(A) With respect to expenditures described in subparagraph (B)
that are incurred by a State for any fiscal year after fiscal year 2020
(and before fiscal year 2024), in determining the pro rata share to
which the United States is equitably entitled under subsection (d)(3),
the Secretary shall substitute the Federal medical assistance
percentage that applies for such fiscal year to the State under section
1905(b) (without regard to any adjustments to such percentage
applicable under such section or any other provision of law) for the
percentage that applies to such expenditures under section 1905(y).
``(B) Expenditures described in this subparagraph, with respect to
a fiscal year to which subparagraph (A) applies, are expenditures
incurred by a State for payment for medical assistance provided to
individuals described in subclause (VIII) of section 1902(a)(10)(A)(i)
by a managed care entity, or other specified entity (as defined in
subparagraph (D)(iii)), that are treated as remittances because the
State--
``(i) has satisfied the requirement of section 438.8 of
title 42, Code of Federal Regulations (or any successor
regulation), by electing--
``(I) in the case of a State described in
subparagraph (C), to apply a minimum medical loss ratio
(as defined in subparagraph (D)(ii)) that is at least
85 percent but not greater than the minimum medical
loss ratio (as so defined) that such State applied as
of May 31, 2018; or
``(II) in the case of a State not described in
subparagraph (C), to apply a minimum medical loss ratio
that is equal to 85 percent; and
``(ii) recovered all or a portion of the expenditures as a
result of the entity's failure to meet such ratio.
``(C) For purposes of subparagraph (B), a State described in this
subparagraph is a State that as of May 31, 2018, applied a minimum
medical loss ratio (as calculated under subsection (d) of section 438.8
of title 42, Code of Federal Regulations (as in effect on June 1,
2018)) for payment for services provided by entities described in such
subparagraph under the State plan under this title (or a waiver of the
plan) that is equal to or greater than 85 percent.
``(D) For purposes of this paragraph:
``(i) The term `managed care entity' means a medicaid
managed care organization described in section
1932(a)(1)(B)(i).
``(ii) The term `minimum medical loss ratio' means, with
respect to a State, a minimum medical loss ratio (as calculated
under subsection (d) of section 438.8 of title 42, Code of
Federal Regulations (as in effect on June 1, 2018)) for payment
for services provided by entities described in subparagraph (B)
under the State plan under this title (or a waiver of the
plan).
``(iii) The term `other specified entity' means--
``(I) a prepaid inpatient health plan, as defined
in section 438.2 of title 42, Code of Federal
Regulations (or any successor regulation); and
``(II) a prepaid ambulatory health plan, as defined
in such section (or any successor regulation).''.
Passed the House of Representatives June 20, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Execution Act or the IMD CARE Act (Sec. 2) This bill temporarily allows states to apply to receive federal Medicaid payment for services provided in institutions for mental diseases (IMDs) and for other medically necessary services for enrollees (aged 21 to 64) with opioid-use or cocaine-use disorders. Services may be covered for a total of up to 30 days in a 12-month period for an eligible enrollee. States must include specified information in their applications, including plans to improve access to outpatient care. Current law generally prohibits federal payment under Medicaid for services provided in IMDs for individuals under the age of 65 (although states may receive payment through certain mechanisms, such as through a Medicaid demonstration waiver). (Sec. 3) Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations. | {"src": "billsum_train", "title": "Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Delivery Act"} | 2,343 | 216 | 0.52793 | 1.496038 | 0.70133 | 1.917127 | 11.513812 | 0.812155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rescue and Emergency Services
Prepared for Our Nation's Defense Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many nations currently possess weapons of mass
destruction and related materials and technologies, and such
weapons are increasingly available to a variety of sources
through legitimate and illegitimate means.
(2) The proliferation of weapons of mass destruction is
growing, and will likely continue despite the best efforts of
the international community to limit their flow.
(3) The increased availability, relative affordability, and
ease of use of weapons of mass destruction may make the use of
such weapons an increasingly attractive option to potential
adversaries who are not otherwise capable of countering United
States military superiority.
(4) On November 12, 1997, President Clinton issued an
Executive Order stating that ``the proliferation of nuclear,
biological, and chemical weapons (``weapons of mass
destruction'') and the means of delivering such weapons
constitutes an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States''
and declaring a national emergency to deal with that threat.
(5) The Quadrennial Defense Review concluded that the
threat or use of weapons of mass destruction is a likely
condition of future warfare and poses a potential threat to the
United States.
(6) The United States lacks adequate preparedness at the
Federal, State, and local levels to respond to a potential
attack on the United States involving weapons of mass
destruction.
(7) The United States has initiated an effort to enhance
the capability of Federal, State, and local governments as well
as local emergency response personnel to prevent and respond to
a domestic terrorist incident involving weapons of mass
destruction.
(8) More than 40 Federal departments, agencies, and bureaus
are involved in combating terrorism, and many, including the
Department of Defense, the Department of Justice, the
Department of Energy, the Department of Health and Human
Services, and the Federal Emergency Management Agency, are
executing programs to provide civilian personnel at the
Federal, State, and local levels with training and assistance
to prevent and respond to incidents involving weapons of mass
destruction.
(9) The Secretary of Defense has called for the
establishment of 10 Rapid Assessment and Initial Detection
elements, composed of 22 National Guard personnel, to provide
timely regional assistance to local emergency responders during
an incident involving chemical or biological weapons of mass
destruction.
(10) The Department of Energy has established a Nuclear
Emergency Response Team which is available to respond to
incidents involving nuclear or radiological emergencies.
(11) The Department of Defense has begun to implement a
program to train local emergency responders in major cities
throughout the United States to prevent and respond to
incidents involving weapons of mass destruction.
(12) The Department of Justice has initiated a program to
direct and coordinate training and exercises to enhance local
emergency response to incidents involving weapons of mass
destruction, and may be establishing a National Center for
Domestic Preparedness.
(13) Federal agency initiatives to enhance domestic
preparedness to respond to an incident involving weapons of
mass destruction are hampered by incomplete interagency
coordination and overlapping jurisdiction of agency missions.
(14) The Federal Emergency Management Agency, originally
designated to lead the coordinated Federal effort to enhance
preparedness to respond to incidents involving weapons of mass
destruction, has withdrawn from that role, and a successor lead
agency has not yet been determined.
(15) In order to ensure effective local response
capabilities to incidents involving weapons of mass
destruction, the Federal Government, in addition to providing
training, must concurrently address the need for--
(A) compatible communications capabilities for all
Federal, State, and local emergency responders, which
often use different radio systems and operate on
different radio frequencies;
(B) adequate equipment necessary for response to an
incident involving weapons of mass destruction, and a
means to ensure that financially lacking localities
have access to such equipment;
(C) local and regional preplanning efforts to
ensure the effective execution of emergency response in
the event of an incident involving a weapon of mass
destruction; and
(D) increased planning and training to prepare for
emergency response capabilities in port areas and
littoral waters.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission to Assess Weapons of Mass Destruction
Domestic Response Capabilities''.
(b) Composition.--The Commission shall be composed of 15 members,
appointed as follows:
(1) 4 members appointed by the Speaker of the House of
Representatives;
(2) 4 members appointed by the majority leader of the
Senate;
(3) 2 members appointed by the minority leader of the House
of Representatives;
(4) 2 members appointed by the minority leader of the
Senate;
(5) 3 members appointed by the President.
(c) Qualifications.--Members shall be appointed from among
individuals with knowledge and expertise in emergency response matters.
(d) Deadline for Appointments.--Appointments shall be made not
later than the date that is 30 days after the date of the enactment of
this Act.
(e) Initial Meeting.--The Commission shall conduct its first
meeting not later than the date that is 30 days after the date that
appointments to the Commission have been made.
(f) Chairman.--A Chairman of the Commission shall be elected by a
majority of the members.
SEC. 4. DUTIES OF COMMISSION.
The Commission shall--
(1) assess Federal agency efforts to enhance domestic
preparedness for incidents involving weapons of mass
destruction;
(2) assess the progress of Federal training programs for
local emergency responses to incidents involving weapons of
mass destruction;
(3) assess deficiencies in training programs for responses
to incidents involving weapons of mass destruction, including a
review of unfunded communications, equipment, and preplanning
and maritime region needs;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons of mass
destruction response efforts, and for ensuring fully effective
local response capabilities for weapons of mass destruction
incidents; and
(5) assess the appropriate role of State and local
governments in funding effective local response capabilities.
SEC. 5. REPORT.
Not later than the date that is 6 months after the date of the
first meeting of the Commission, the Commission shall submit a report
to Congress on its findings under section 4 and recommendations for
improving Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
SEC. 6. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out this
Act, hold such hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths to the extent that
the Commission or any panel member considers advisable.
(b) Information.--The Commission may secure directly from any
department or agency of the United States information that the
Commission considers necessary to enable the Commission to carry out
its responsibilities under this Act.
SEC. 7. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of a majority
of the members.
(b) Quorum.--Eight members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such panel shall not be considered the findings
and determinations of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this Act.
SEC. 8. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--(1) The Commission may, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties.
(2) The Commission may fix the pay of the staff director and other
personnel without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates, except that
the rate of pay fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive Schedule under
section 5316 of such title and the rate of pay for other personnel may
not exceed the maximum rate payable for grade GS-15 of the General
Schedule.
(d) Detail of Government Employees.--Upon request of the
Commission, the head of any Federal department or agency may detail, on
a nonreimbursable basis, any personnel of that department or agency to
the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The
Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of pay payable for level V of the Executive Schedule under section 5316
of such title.
SEC. 9. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the United States.
(b) Miscellaneous Administrative and Support Services.--Upon the
request of the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its duties
under this Act.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
SEC. 10. TERMINATION OF COMMISSION.
The Commission shall terminate not later than 60 days after the
date that the Commission submits its report under section 5. | Rescue and Emergency Services Prepared for Our Nation's Defense Act - Establishes the Commission to Assess Weapons of Mass Destruction Domestic Response Capabilities to: (1) assess Federal agency efforts to enhance domestic preparedness for incidents involving weapons of mass destruction and Federal training programs for local emergency responses to such incidents; (2) recommend strategies for the coordination of response efforts; (3) assess the appropriate role of State and local governments in funding local response capabilities; and (4) report to the Congress within six months after its first meeting. | {"src": "billsum_train", "title": "Rescue and Emergency Services Prepared for Our Nation's Defense Act"} | 2,292 | 107 | 0.538779 | 1.403552 | 0.863542 | 4.252427 | 21.407767 | 0.951456 |
SECTION 1. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS.
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting
after section 505A the following:
``SEC. 505B. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS.
``(a) New Drugs and Biological Products.--
``(1) In general.--A person that submits an application (or
supplement to an application)--
``(A) under section 505 for a new active
ingredient, new indication, new dosage form, new dosing
regimen, or new route of administration; or
``(B) under section 351 of the Public Health
Service Act (42 U.S.C. 262) for a biological product
license;
shall submit with the application the assessments described in
paragraph (2).
``(2) Assessments.--
``(A) In general.--The assessments referred to in
paragraph (1) shall contain data, gathered using
appropriate formulations, that are adequate--
``(i) to assess the safety and
effectiveness of the drug, or the biological
product licensed under section 351 of the
Public Health Service Act (42 U.S.C. 262), for
the claimed indications in all relevant
pediatric subpopulations; and
``(ii) to support dosing and administration
for each pediatric subpopulation for which the
drug, or the biological product licensed under
section 351 of the Public Health Service Act
(42 U.S.C. 262), is safe and effective.
``(B) Similar course of disease or similar effect
of drug or biological product.--If the course of the
disease and the effects of the drug are sufficiently
similar in adults and pediatric patients, the Secretary
may conclude that pediatric effectiveness can be
extrapolated from adequate and well-controlled studies
in adults, usually supplemented with other information
obtained in pediatric patients, such as pharmacokinetic
studies.
``(3) Deferral.--On the initiative of the Secretary or at
the request of the applicant, the Secretary may defer
submission of some or all assessments required under paragraph
(1) until a specified date after approval of the drug or
issuance of the license for a biological product if--
``(A) the Secretary finds that--
``(i) the drug or biological product is
ready for approval for use in adults before
pediatric studies are complete; or
``(ii) pediatric studies should be delayed
until additional safety or effectiveness data
have been collected; and
``(B) the applicant submits to the Secretary--
``(i) a certified description of the
planned or ongoing studies; and
``(ii) evidence that the studies are being
conducted or will be conducted with due
diligence.
``(4) Waivers.--
``(A) Full waiver.--At the request of an applicant,
the Secretary shall grant a full waiver, as
appropriate, of the requirement to submit assessments
under this subsection if--
``(i) necessary studies are impossible or
highly impractical;
``(ii) there is evidence strongly
suggesting that the drug or biological product
would be ineffective or unsafe in all pediatric
age groups; or
``(iii) the drug or biological product--
``(I) does not represent a
meaningful therapeutic benefit over
existing therapies for pediatric
patients; and
``(II) is not likely to be used in
a substantial number of pediatric
patients.
``(B) Partial waiver.--At the request of an
applicant, the Secretary shall grant a partial waiver,
as appropriate, of the requirement to submit
assessments under this subsection with respect to a
specific pediatric age group if--
``(i) necessary studies are impossible or
highly impractical;
``(ii) there is evidence strongly
suggesting that the drug or biological product
would be ineffective or unsafe in that age
group;
``(iii) the drug or biological product--
``(I) does not represent a
meaningful therapeutic benefit over
existing therapies for pediatric
patients in that age group; and
``(II) is not likely to be used in
a substantial number of pediatric
patients in that age group; or
``(iv) the applicant demonstrates that
reasonable attempts to produce a pediatric
formulation necessary for that age group have
failed.
``(C) Labeling requirement.--If the Secretary
grants a full or partial waiver because there is
evidence that a drug or biological product would be
ineffective or unsafe in pediatric populations, the
information shall be included in the labeling for the
drug or biological product.
``(b) Marketed Drugs and Biological Products.--
``(1) In general.--After providing notice and an
opportunity for written response and a meeting, which may
include an advisory committee meeting, the Secretary may by
order require the holder of an approved application relating to
a drug under section 505 or the holder of a license for a
biological product under section 351 of the Public Health
Service Act (42 U.S.C. 262) to submit by a specified date the
assessments described in subsection (a) if the Secretary finds
that--
``(A)(i) the drug or biological product is used for
a substantial number of pediatric patients for the
labeled indications; and
``(ii) the absence of adequate labeling could pose
significant risks to pediatric patients; or
``(B)(i) there is reason to believe that the drug
or biological product would represent a meaningful
therapeutic benefit over existing therapies for
pediatric patients for 1 or more of the claimed
indications; and
``(ii) the absence of adequate labeling could pose
significant risks to pediatric patients.
``(2) Waivers.--
``(A) Full waiver.--At the request of an applicant,
the Secretary shall grant a full waiver, as
appropriate, of the requirement to submit assessments
under this subsection if--
``(i) necessary studies are impossible or
highly impractical; or
``(ii) there is evidence strongly
suggesting that the drug or biological product
would be ineffective or unsafe in all pediatric
age groups.
``(B) Partial waiver.--At the request of an
applicant, the Secretary shall grant a partial waiver,
as appropriate, of the requirement to submit
assessments under this subsection with respect to a
specific pediatric age group if--
``(i) necessary studies are impossible or
highly impractical;
``(ii) there is evidence strongly
suggesting that the drug or biological product
would be ineffective or unsafe in that age
group;
``(iii)(I) the drug or biological product
does not represent a meaningful therapeutic
benefit over existing therapies for pediatric
patients in that age group;
``(II) the drug or biological product is
not likely to be used in a substantial number
of pediatric patients in that age group; and
``(III) the absence of adequate labeling
could not pose significant risks to pediatric
patients; or
``(iv) the applicant demonstrates that
reasonable attempts to produce a pediatric
formulation necessary for that age group have
failed.
``(C) Labeling requirement.--If the Secretary
grants a full or partial waiver because there is
evidence that a drug or biological product would be
ineffective or unsafe in pediatric populations, the
information shall be included in the labeling for the
drug or biological product.
``(3) Relationship to other pediatric provisions.--
``(A) No assessment without written request.--No
assessment may be required under paragraph (1) for a
drug subject to an approved application under section
505 unless--
``(i) the Secretary has issued a written
request for related pediatric studies under
section 505A(d) or section 409I of the Public
Health Service Act; and
``(ii)(I) if the request was made under
section 505A(d)--
``(aa) the recipient of the written
request does not agree to the request;
or
``(bb) the Secretary does not
receive a response as specified under
section 505A(d)(4)(A); or
``(II) if the request was made under
section 409I of the Public Health Service Act--
``(aa) the recipient of the written
request does not agree to the request;
or
``(bb) the Secretary does not
receive a response as specified under
section 409I(c)(2) of that Act.
``(B) No effect on other authority.--Nothing in
this subsection shall be construed to alter any
requirement under section 505A(d)(4) or section 409I of
the Public Health Service Act. Subject to paragraph
(2)(A), nothing in this subsection, section 505A(d)(4),
or section 409I or 499 of the Public Health Service Act
shall be construed to preclude the Secretary from
exercising the authority of the Secretary under this
subsection.
``(c) Delay in Submission of Assessments.--If a person delays the
submission of assessments relating to a drug or biological product
beyond a date specified in subsection (a) or (b)--
``(1) the drug or biological product--
``(A) may be considered by the Secretary to be
misbranded and subject to action under sections 302 and
304; and
``(B) shall not be subject to action under section
303; and
``(2) the delay shall not be the basis for a proceeding to
withdraw approval for a drug under section 505(e) or revoke the
license for a biological product under section 351 of the
Public Health Service Act (42 U.S.C. 262).
``(d) Meetings.--The Secretary shall meet at appropriate times in
the investigational new drug process with the sponsor to discuss
background information that the sponsor shall submit on plans and
timelines for pediatric studies, or any planned request for waiver or
deferral of pediatric studies.''.
(b) Conforming Amendments.--
(1) Section 505(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)(1)) is amended in the second
sentence--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by striking the period at the end and inserting
``, and (G) any assessments required under section
505B.''.
(2) Section 505A(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355a(h)) is amended--
(A) in the subsection heading, by striking
``Regulations'' and inserting ``Pediatric Study
Requirements''; and
(B) by striking ``pursuant to regulations
promulgated by the Secretary'' and inserting ``by a
provision of law (including a regulation) other than
this section''.
(3) Section 351(a)(2) of the Public Health Service Act (42
U.S.C. 262(a)(2)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Pediatric studies.--A person that submits an
application for a license under this paragraph shall
submit to the Secretary as part of the application any
assessments required under section 505B of the Federal
Food, Drug, and Cosmetic Act.''.
(c) Final Rule.--Except to the extent that the final rule is
inconsistent with the amendment made by subsection (a), the final rule
promulgating regulations requiring manufacturers to assess the safety
and effectiveness of new drugs and biological products in pediatric
patients (63 Fed. Reg. 66632 (December 2, 1998)), shall be considered
to implement the amendment made by subsection (a).
(d) No Effect on Authority.--Section 505B of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)) does not affect
whatever existing authority the Secretary of Health and Human Services
has to require pediatric assessments regarding the safety and efficacy
of drugs and biological products in addition to the assessments
required under that section. The authority, if any, of the Secretary of
Health and Human Services regarding specific populations other than the
pediatric population shall be exercised in accordance with the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) as in effect on
the day before the date of enactment of this Act.
SEC. 2. TECHNICAL CORRECTION.
Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355a) is amended in subparagraphs (A) and (B) of subsection (b)(2) and
subparagraphs (A) and (B) of subsection (c)(2) by striking
``505(j)(4)(B)'' and inserting ``505(j)(5)(B)''. | Amends the Federal Food, Drug, and Cosmetic Act to require license applications for new drugs and biological products to assess such drug's or product's safety and effectiveness for relevant pediatric subpopulations, including dosage.Permits extrapolation from adult studies where the course of the disease and the effects of the drug are sufficiently similar in all populations.Permits deferral of such assessments if adult studies are completed earlier and the applicant submits a plan for or a description of planned or ongoing pediatric studies.Permits full waiver of such assessments if: (1) studies are highly impractical or impossible; (2) the evidence strongly suggests that the drug or product would be ineffective or unsafe in all pediatric age groups; (3) there is no meaningful therapeutic advantage or benefit in the pediatric population; or (4) the drug or product is not likely to be used in a substantial number of pediatric patients.Permits partial waivers at the request of an applicant for a specific pediatric subpopulation if any of the full waiver grounds apply to that subpopulation or reasonable attempts for a pediatric formulation for that subpopulation have failed.Requires labels to provide indication in cases in which a waiver has been granted due to evidence a product would be unsafe or ineffective in pediatric populations.Authorizes the Secretary of Health and Human Services to specify a date for submission of pediatric assessments if: (1) the drug or biological product would represent a meaningful therapeutic benefit for pediatric patients for one or more claimed indications and the absence of adequate labeling could pose significant risks to pediatric patients; or (2) it is used for a number of pediatric patients for the labeled indications and the absence of adequate labeling could pose significant risks to pediatric patients. Sets forth criteria for full waiver and partial waivers of such requirement. Requires labels to provide indication in cases in which a waiver has been granted due to evidence a product would be unsafe or ineffective in pediatric populations.Requires the Secretary to issue a written request for related pediatric studies under the Public Health Service Act before requiring an assessment for a drug.States that drugs or products with delayed assessments may be deemed misbranded and subject to seizure and injunctive proceedings, though not penalties. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to require labeling containing information applicable to pediatric patients."} | 2,904 | 484 | 0.626627 | 1.896261 | 0.803422 | 2.896135 | 6.316425 | 0.886473 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological Implant Tracking and
Veteran Safety Act of 2017''.
SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Identification and tracking of biological implants
``(a) Standard Identification System for Biological Implants.--(1)
The Secretary shall adopt the unique device identification system
developed for medical devices by the Food and Drug Administration under
section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)), or implement a comparable standard identification system, for
use in identifying biological implants intended for use in medical
procedures conducted in medical facilities of the Department.
``(2) In adopting or implementing a standard identification system
for biological implants under paragraph (1), the Secretary shall permit
a vendor to use any of the accredited entities identified by the Food
and Drug Administration as an issuing agency pursuant to section
830.100 of title 21, Code of Federal Regulations, or any successor
regulation.
``(b) Biological Implant Tracking System.--(1) The Secretary shall
implement a system for tracking the biological implants described in
subsection (a) from human donor or animal source to implantation.
``(2) The tracking system implemented under paragraph (1) shall be
compatible with the identification system adopted or implemented under
subsection (a).
``(3) The Secretary shall implement inventory controls compatible
with the tracking system implemented under paragraph (1) so that all
patients who have received, in a medical facility of the Department, a
biological implant subject to a recall can be notified of the recall
if, based on the evaluation by appropriate medical personnel of the
Department of the risks and benefits, the Secretary determines such
notification is appropriate.
``(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or sections 351 or 361 of the Public Health Service Act (42
U.S.C. 262 and 264) (including any regulations issued under such
provisions), the provision of the Federal Food, Drug, and Cosmetic Act
or Public Health Service Act (including any regulations issued under
such provisions) shall apply.
``(d) Biological Implant Defined.--In this section, the term
`biological implant' means any human cell, tissue, or cellular or
tissue-based product or animal product--
``(1) under the meaning given the term `human cells,
tissues, or cellular or tissue-based products' in section
1271.3 of title 21, Code of Federal Regulations, or any
successor regulation; or
``(2) that is regulated as a device under section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7330A the following new item:
``7330B. Identification and tracking of biological implants.''.
(c) Implementation Deadlines.--
(1) Standard identification system.--The Secretary of
Veterans Affairs shall adopt or implement the standard
identification system for biological implants required by
subsection (a) of section 7330B of title 38, United States
Code, as added by subsection (a), with respect to biological
implants described in--
(A) subsection (d)(1) of such section, by not later
than the date that is 180 days after the date of the
enactment of this Act; and
(B) subsection (d)(2) of such section, in
compliance with the compliance dates established by the
Food and Drug Administration under section 519(f) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)).
(2) Tracking system.--The Secretary of Veterans Affairs
shall implement the biological implant tracking system required
by section 7330B(b) of title 38, United States Code, as added
by subsection (a), by not later than the date that is 180 days
after the date of the enactment of this Act.
(d) Reporting Requirement.--
(1) In general.--If the biological implant tracking system
required by section 7330B(b) of title 38, United States Code,
as added by subsection (a), is not operational by the date that
is 180 days after the date of the enactment of this Act, 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 written explanation
on why the system is not operational for each month until such
time as the system is operational.
(2) Elements.--Each explanation submitted under paragraph
(1) shall include a description of the following:
(A) Each impediment to the implementation of the
system described in such paragraph.
(B) Steps being taken to remediate each such
impediment.
(C) Target dates for a solution to each such
impediment.
SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES.
(a) Procurement.--
(1) In general.--Subchapter II of chapter 81 of such title
is amended by adding at the end the following new section:
``Sec. 8129. Procurement of biological implants
``(a) In General.--(1) The Secretary may procure biological
implants of human origin only from vendors that meet the following
conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title and has safeguards to ensure that a distinct
identifier has been in place at each step of distribution of
each biological implant from its donor.
``(B) The vendor is registered as required by the Food and
Drug Administration under subpart B of part 1271 of title 21,
Code of Federal Regulations, or any successor regulation, and
in the case of a vendor that uses a tissue distribution
intermediary or a tissue processor, the vendor provides
assurances that the tissue distribution intermediary or tissue
processor is registered as required by the Food and Drug
Administration.
``(C) The vendor ensures that donor eligibility
determinations and such other records as the Secretary may
require accompany each biological implant at all times,
regardless of the country of origin of the donor of the
biological material.
``(D) The vendor agrees to cooperate with all biological
implant recalls conducted on the initiative of the vendor, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(E) The vendor agrees to notify the Secretary of any
adverse event or reaction report it provides to the Food and
Drug Administration, as required by sections 1271.3 and
1271.350 of title 21, Code of Federal Regulations, or any
successor regulation, or any warning letter from the Food and
Drug Administration issued to the vendor or a tissue processor
or tissue distribution intermediary used by the vendor by not
later than 60 days after the vendor receives such report or
warning letter.
``(F) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least 10 years after the date of the procurement of the
biological implant.
``(G) The vendor provides assurances that the biological
implants provided by the vendor are acquired only from tissue
processors that maintain active accreditation with the American
Association of Tissue Banks or a similar national accreditation
specific to biological implants.
``(2) The Secretary may procure biological implants of non-human
origin only from vendors that meet the following conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title.
``(B) The vendor is registered as an establishment as
required by the Food and Drug Administration under sections
807.20 and 807.40 of title 21, Code of Federal Regulations, or
any successor regulation (or is not required to register
pursuant to section 807.65(a) of such title, or any successor
regulation), and in the case of a vendor that is not the
original product manufacturer of such implants, the vendor
provides assurances that the original product manufacturer is
registered as required by the Food and Drug Administration (or
is not required to register).
``(C) The vendor agrees to cooperate with all biological
implant recalls conducted on the initiative of the vendor, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(D) The vendor agrees to notify the Secretary of any
adverse event report it provides to the Food and Drug
Administration as required under part 803 of title 21, Code of
Federal Regulations, or any successor regulation, or any
warning letter from the Food and Drug Administration issued to
the vendor or the original product manufacturer used by the
vendor by not later than 60 days after the vendor receives such
report or warning letter.
``(E) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least 10 years after the date of the procurement of the
biological implant.
``(3)(A) The Secretary shall procure biological implants under the
Federal Supply Schedules of the General Services Administration unless
such implants are not available under such Schedules.
``(B) With respect to biological implants listed on the Federal
Supply Schedules, the Secretary shall accommodate reasonable vendor
requests to undertake outreach efforts to educate medical professionals
of the Department about the use and efficacy of such biological
implants.
``(C) In the case of biological implants that are unavailable for
procurement under the Federal Supply Schedules, the Secretary shall
procure such implants using competitive procedures in accordance with
applicable law and the Federal Acquisition Regulation.
``(4) Section 8123 of this title shall not apply to the procurement
of biological implants.
``(b) Penalties.--In addition to any applicable penalty under any
other provision of law, any procurement employee of the Department who
is found responsible for a biological implant procurement transaction
with intent to avoid or with reckless disregard of the requirements of
this section shall be ineligible to hold a certificate of appointment
as a contracting officer or to serve as the representative of an
ordering officer, contracting officer, or purchase card holder.
``(c) Definitions.--In this section:
``(1) The term `biological implant' has the meaning given
such term in section 7330B(d) of this title.
``(2) The term `distinct identifier' means a distinct
identification code that--
``(A) relates a biological implant to the human
donor of the implant and to all records pertaining to
the implant;
``(B) includes information designed to facilitate
effective tracking, using the distinct identification
code, from the donor to the recipient and from the
recipient to the donor; and
``(C) satisfies the requirements of section
1271.290(c) of title 21, Code of Federal Regulations,
or any successor regulation.
``(3) The term `tissue distribution intermediary' means an
agency that acquires and stores human tissue for further
distribution and performs no other tissue banking functions.
``(4) The term `tissue processor' means an entity
processing human tissue for use in biological implants,
including activities performed on tissue other than donor
screening, donor testing, tissue recovery and collection
functions, storage, or distribution.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8128 the following new item:
``8129. Procurement of biological implants.''.
(b) Effective Date.--Section 8129 of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 180
days after the date on which the tracking system required under section
7330B(b) of such title, as added by section 2(a), is implemented.
(c) Special Rule for Cryopreserved Products.--During the three-year
period beginning on the effective date of section 8129 of title 38,
United States Code, as added by subsection (a), biological implants
produced and labeled before that effective date may be procured by the
Department of Veterans Affairs without relabeling under the standard
identification system adopted or implemented under section 7330B of
such title, as added by section 2(a). | Biological Implant Tracking and Veteran Safety Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in VA medical facilities; permit a vendor to use any of the accredited entities identified by the FDA as an issuing agency; implement (within 180 days after enactment of this bill) a compatible system for tracking implants from human donor or animal source to implantation; and implement compatible inventory controls so that patients who have received a biological implant in a VA medical facility subject to FDA recall can be appropriately notified. The bill prescribes requirements for vendors from which the VA may procure biological implants of human and non-human origin. The VA shall: (1) procure such implants under General Services Administration Federal Supply Schedules unless they are not available under such Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants, and (3) procure biological implants that are unavailable under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Certain biological implants may be temporarily procured by the VA without relabeling under the standard identification system. | {"src": "billsum_train", "title": "Biological Implant Tracking and Veteran Safety Act of 2017"} | 2,826 | 276 | 0.659987 | 1.905367 | 0.861871 | 4.065891 | 10.286822 | 0.887597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Royalty Relief for American
Consumers Act of 2010''.
SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.
(a) Issuance of New Leases.--
(1) In general.--The Secretary shall not issue any new
lease that authorizes the production of oil or natural gas
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) to a person described in paragraph (2) unless the person
has renegotiated each covered lease with respect to which the
person is a lessee, to modify the payment responsibilities of
the person to require the payment of royalties if the price of
oil and natural gas is greater than or equal to the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(2) Persons described.--A person referred to in paragraph
(1) is a person that--
(A) is a lessee that--
(i) holds a covered lease on the date on
which the Secretary considers the issuance of
the new lease; or
(ii) was issued a covered lease before the
date of enactment of this Act, but transferred
the covered lease to another person or entity
(including a subsidiary or affiliate of the
lessee) after the date of enactment of this
Act; or
(B) any other person that has any direct or
indirect interest in, or that derives any benefit from,
a covered lease.
(3) Multiple lessees.--
(A) In general.--For purposes of paragraph (1), if
there are multiple lessees that own a share of a
covered lease, the Secretary may implement separate
agreements with any lessee with a share of the covered
lease that modifies the payment responsibilities with
respect to the share of the lessee to include price
thresholds that are equal to or less than the price
thresholds described in clauses (v) through (vii) of
section 8(a)(3)(C) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(a)(3)(C)).
(B) Treatment of share as covered lease.--Beginning
on the effective date of an agreement under
subparagraph (A), any share subject to the agreement
shall not constitute a covered lease with respect to
any lessees that entered into the agreement.
(b) Transfers.--A lessee or any other person who has any direct or
indirect interest in, or who derives a benefit from, a lease shall not
be eligible to obtain by sale or other transfer (including through a
swap, spinoff, servicing, or other agreement) any covered lease, the
economic benefit of any covered lease, or any other lease for the
production of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee
or other person has--
(1) renegotiated each covered lease with respect to which
the lessee or person is a lessee, to modify the payment
responsibilities of the lessee or person to include price
thresholds that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)); or
(2) entered into an agreement with the Secretary to modify
the terms of all covered leases of the lessee or other person
to include limitations on royalty relief based on market prices
that are equal to or less than the price thresholds described
in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(c) Use of Amounts for Deficit Reduction.--Notwithstanding any
other provision of law, any amounts received by the United States as
rentals or royalties under covered leases shall be deposited in the
Treasury and used for Federal budget deficit reduction or, if there is
no Federal budget deficit, for reducing the Federal debt in such manner
as the Secretary of the Treasury considers appropriate.
(d) Definitions.--In this section--
(1) Covered lease.--The term ``covered lease'' means a
lease for oil or gas production in the Gulf of Mexico that is--
(A) in existence on the date of enactment of this
Act;
(B) issued by the Department of the Interior under
section 304 of the Outer Continental Shelf Deep Water
Royalty Relief Act (43 U.S.C. 1337 note; Public Law
104-58); and
(C) not subject to limitations on royalty relief
based on market price that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(2) Lessee.--The term ``lessee'' includes any person or
other entity that controls, is controlled by, or is in or under
common control with, a lessee.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.
The Secretary of the Interior shall agree to a request by any
lessee to amend any lease issued for any Central and Western Gulf of
Mexico tract in the period of January 1, 1996, through November 28,
2000, to incorporate price thresholds applicable to royalty suspension
provisions, that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any
amended lease shall impose the new or revised price thresholds
effective October 1, 2010. Existing lease provisions shall prevail
through September 30, 2010. | Royalty Relief for American Consumers Act of 2010 - Prohibits the Secretary of the Interior from issuing a new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (OCSLA) to certain lessees or persons unless such lessee or person has renegotiated each covered lease to require the payment of royalties if the price of oil and natural gas is greater than or equal to specified OCSLA price thresholds.
Directs the Secretary to agree to a request by a lessee to amend any lease issued for any Central and Western Gulf of Mexico tract between January 1, 1996, and November 30, 2000, to incorporate price thresholds applicable to royalty suspension provisions that are equal to or less than specified OCSLA price thresholds. Requires: (1) an amended lease to impose the new or revised price thresholds effective October 1, 2010; and (2) existing lease provisions to prevail through September 30, 2010.
States that a lessee or any other person who has any interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under OCSLA unless the lessee or other person has: (1) renegotiated each covered lease to include price thresholds that are equal to or less than specified OCSLA price thresholds; or (2) entered into an agreement with the Secretary to modify the terms of all covered leases to include limitations on royalty relief based on market prices that are equal to or less than such price thresholds. | {"src": "billsum_train", "title": "A bill to provide royalty relief, and for other purposes."} | 1,399 | 354 | 0.637437 | 2.146168 | 0.798091 | 6.846154 | 3.746795 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Corps Improvement Act of 1996''.
SEC. 2. SCREENING AND SELECTION OF APPLICANTS.
Section 424 of the Job Training Partnership Act (29 U.S.C. 1694) is
amended by adding at the end the following:
``(d) In prescribing standards and procedures for the screening and
selection of applicants under subsection (a), the Secretary shall
require that, not later than 30 days after the date on which an
applicant applies for the Job Corps, the applicant--
``(1) is tested for drug use and alcohol use; and
``(2) undergoes an appropriate background check.''.
SEC. 3. STANDARDS OF CONDUCT.
Section 430 of the Job Training Partnership Act (29 U.S.C. 1700) is
amended by adding at the end the following:
``(c)(1) The Secretary shall establish standards that prohibit--
``(A) the possession, distribution, or use of controlled
substances by enrollees;
``(B) abuse of alcohol by enrollees;
``(C) acts of violence by enrollees; and
``(D) other related disruptive activities by enrollees.
``(2)(A) The director of a Job Corps center shall take appropriate
disciplinary measures against an enrollee, including immediate
dismissal of the enrollee from the Job Corps, if the director
determines that the enrollee has violated any standard under paragraph
(1).
``(B) A decision by a director of a Job Corps center to dismiss an
enrollee from the Job Corps shall be subject to expeditious appeal in
accordance with procedures established by the Secretary.
``(3) For purposes of this subsection, the term `controlled
substance' has the meaning given such term under section 102 of the
Controlled Substances Act (21 U.S.C. 802).''.
SEC. 4. LIMITATION ON ADMINISTRATIVE EXPENSES.
(a) In General.--Section 438 of the Job Training Partnership Act
(29 U.S.C. 1708) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary'' and inserting ``(a) The Secretary''; and
(2) by adding at the end the following:
``(b) For any fiscal year, the Secretary may not obligate or expend
for the administration of the program an aggregate amount that is equal
to or greater than 16 percent of the amount available for that fiscal
year to carry out the program.''.
(b) Effective Date.--Section 438(b) of such Act, as added by
subsection (a), shall apply with respect to fiscal year 1997 and
subsequent fiscal years.
SEC. 5. REVIEW OF JOB CORPS CENTERS.
(a) Review.--Not later than March 31, 1997, the Secretary of Labor
shall conduct a review of the activities carried out under the Job
Corps program under part B of title IV of the Job Training Partnership
Act (29 U.S.C. 1691 et seq.), and submit to the Congress a report
containing the results of the review, including--
(1) information on the amount of funds expended for fiscal
year 1996 to carry out activities under such part, for each
State and for the United States;
(2) for each Job Corps center funded under such part,
information on the amount of funds expended for fiscal year
1996 under such part to carry out activities related to the
direct operation of the center, including funds expended for
student training, outreach or intake activities, meals and
lodging, student allowances, medical care, placement or
settlement activities, and administration;
(3) for each Job Corps center, information on the amount of
funds expended for fiscal year 1996 under such part through
contracts to carry out activities not related to the direct
operation of the center, including funds expended for student
travel, national outreach, screening, and placement services,
national vocational training, and national and regional
administrative costs;
(4) for each Job Corps center, information on the amount of
funds expended for fiscal year 1996 under such part for
facility construction, rehabilitation, and acquisition
expenses;
(5) information on the amount of funds required to be
expended under such part to complete each new or proposed Job
Corps center, and to rehabilitate and repair each existing Job
Corps center, as of the date of the submission of the report;
(6) a summary of the information described in paragraphs
(2) through (5) for all Job Corps centers;
(7) an assessment of the need to serve youths in the Job
Corps program, including--
(A) a cost-benefit analysis of the residential
component of the Job Corps program;
(B) the need for residential education and training
services for youths, analyzed for each State and for
the United States; and
(C) the distribution of training positions in the
Job Corps program, as compared to the need for the
services described in subparagraph (B), analyzed for
each State;
(8) an overview of the Job Corps program as a whole and an
analysis of individual Job Corps centers, including a 5-year
performance measurement summary that includes information,
analyzed for the program and for each Job Corps center, on--
(A) the number of enrollees served;
(B) the number of former enrollees who entered
employment, including the number of former enrollees
placed in a position related to the job training
received through the program and the number placed in a
position not related to the job training received;
(C) the number of former enrollees placed in jobs
for 32 hours per week or more;
(D) the number of former enrollees who entered
employment and were retained in the employment for more
than 13 weeks;
(E) the number of former enrollees who entered the
Armed Forces;
(F) the number of former enrollees who completed
vocational training, and the rate of such completion,
analyzed by vocation;
(G) the number of former enrollees who entered
postsecondary education;
(H) the number and percentage of early dropouts
from the Job Corps program;
(I) the average wage of former enrollees, including
wages from positions described in subparagraph (B);
(J) the number of former enrollees who obtained a
secondary school diploma or its recognized equivalent;
(K) the average level of learning gains for former
enrollees; and
(L) the number of former enrollees that did not--
(i) enter employment or postsecondary
education;
(ii) complete a vocational education
program; or
(iii) make identifiable learning gains; and
(9) job placement rates for each Job Corps center and each
entity providing services to a Job Corps center.
(b) Implementation of Improvements.--
(1) In general.--The Secretary of Labor shall, based on the
results of the review under subsection (a), make improvements
in the operation of the Job Corps program, including--
(A) closing 5 Job Corps centers by September 30,
1997, and 5 additional Job Corps centers by September
30, 2000;
(B) relocating Job Corps centers described in
paragraph (2)(A)(iii) in cases in which facility
rehabilitation, renovation, or repair is not cost-
effective; and
(C) taking any other action that would improve the
operation of a Job Corps center or any other
appropriate action, including closing such additional
Job Corps center as the Secretary determines to be
appropriate.
(2) Considerations.--
(A) In general.--In implementing the improvements
under paragraph (1) with respect to a Job Corps center,
the Secretary shall consider whether the center--
(i) has consistently received low
performance measurement ratings under the
Department of Labor or the Office of Inspector
General Job Corps rating system;
(ii) is among the centers that have
experienced the highest number of serious
incidents of violence or criminal activity in
the past 5 years;
(iii) is among the centers that require the
largest funding for renovation or repair, as
specified in the Department of Labor Job Corps
Construction/Rehabilitation Funding Needs
Survey, or for rehabilitation or repair, as
reflected in the portion of the review
described in subsection (a)(5);
(iv) is among the centers for which the
highest relative or absolute fiscal year 1996
expenditures were made, for any of the
categories of expenditures described in
paragraph (2), (3), or (4) of subsection (a),
as reflected in the review described in
subsection (a);
(v) is among the centers with the least
State and local support; or
(vi) is among the centers with the lowest
rating on such additional criteria as the
Secretary may determine to be appropriate.
(B) Coverage of states and regions.--
Notwithstanding subparagraph (A), the Secretary shall
not close a Job Corps center in a State or a region of
the United States in which the center is the only Job
Corps center in the State or region, as the case may
be.
(C) Allowance for new job corps centers.--
Notwithstanding any other provision of this section, if
the planning or construction of a Job Corps center that
received Federal funding for fiscal year 1994 or 1995
has not been completed by the date of enactment of this
Act--
(i) the appropriate entity may complete the
planning or construction and begin operation of
the center; and
(ii) the Secretary shall not evaluate the
center under this section sooner than 3 years
after the first date of operation of the
center.
(c) Biennial Report to Congress.--The Secretary shall report every
two years to the Congress the information specified in paragraphs (8)
and (9) of subsection (a) and such additional information relating to
the Job Corps program as the Secretary may determine to be appropriate. | Job Corps Improvement Act of 1996 - Amends the Job Training Partnership Act with respect to the Job Corps program.
Directs the Secretary of Labor to require that Job Corps applicants be tested for drug and alcohol use and undergo appropriate background checks.
Directs the Secretary to establish Job Corps standards of conduct that prohibit enrollee possession, distribution, or use of controlled substances, abuse of alcohol, acts of violence, and other related disruptive activities. Requires the director of a Job Corps center to take appropriate disciplinary measures against an enrollee, including immediate dismissal, upon determination that the enrollee has violated any such standard. Subjects such dismissal decisions by directors to expeditious appeal procedures established by the Secretary.
Limits the portion of Job Corps funds which may be used for program administration.
Directs the Secretary to: (1) review and report to the Congress on Job Corps activities; and (2) make improvements, based on review results, in the operation of the Job Corps program, including specified numbers of closings and relocations of centers. Prohibits closing a Job Corps center if it is the only one in a State or a region. Allows completion of planning or construction and beginning of operation of any uncompleted Job Corps center that received Federal funding for FY 1994 or 1995. Prohibits the Secretary from evaluating any such center sooner than three years after the first date of operation.
Directs the Secretary to report biennially to the Congress on specified matters relating to the Job Corps program. | {"src": "billsum_train", "title": "Job Corps Improvement Act of 1996"} | 2,119 | 319 | 0.658426 | 1.918844 | 0.906941 | 3.03125 | 7.104167 | 0.871528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Acquisition Reform Act of
1995''.
SEC. 2. PROCUREMENT INTEGRITY AMENDMENT.
(a) Amendment of Procurement Integrity Provision.--Section 27 of
the Office of Federal Procurement Policy Act (41 U.S.C. 423) is amended
to read as follows:
``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR
PROPOSAL INFORMATION OR SOURCE SELECTION INFORMATION.
``(a) Prohibition on Disclosing Procurement Information.--(1) A
person described in paragraph (2) shall not, other than as provided by
law, knowingly and willfully disclose contractor bid or proposal
information or source selection information before the award of a
Federal agency procurement contract to which the information relates.
``(2) Paragraph (1) applies to any person who--
``(A) is a present or former officer or employee of the
United States, or a person who is acting or has acted for or on
behalf of, or who is advising or has advised the United States
with respect to, a Federal agency procurement; and
``(B) by virtue of that office, employment, or relationship
has or had access to contractor bid or proposal information or
source selection information.
``(b) Prohibition on Obtaining Procurement Information.--A person
shall not, other than as provided by law, knowingly and willfully
obtain contractor bid or proposal information or source selection
information before the award of a Federal agency procurement contract
to which the information relates.
``(c) Prohibition on Disclosing or Obtaining Procurement
Information in Connection With a Protest.--(1) A person shall not,
other than as provided by law, knowingly and willfully violate the
terms of a protective order described in paragraph (2) by disclosing or
obtaining contractor bid or proposal information or source selection
information related to the procurement contract concerned.
``(2) Paragraph (1) applies to any protective order issued by the
Comptroller General or the board of contract appeals of the General
Services Administration in connection with a protest against the award
or proposed award of a Federal agency procurement contract.
``(d) Penalties and Administrative Actions.--
``(1) Criminal penalties.--
``(A) Whoever engages in conduct constituting an
offense under subsection (a), (b), or (c) shall be
imprisoned for not more than one year or fined as
provided under title 18, United States Code, or both.
``(B) Whoever engages in conduct constituting an
offense under subsection (a), (b), or (c) for the
purpose of either--
``(i) exchanging the information covered by
such subsection for anything of value, or
``(ii) obtaining or giving anyone a
competitive advantage in the award of a Federal
agency procurement contract,
shall be imprisoned for not more than five years or
fined as provided under title 18, United States Code,
or both.
``(2) Civil penalties.--The Attorney General may bring a
civil action in the appropriate United States district court
against any person who engages in conduct constituting an
offense under subsection (a), (b), or (c). Upon proof of such
conduct by a preponderance of the evidence, the person is
subject to a civil penalty. An individual who engages in such
conduct is subject to a civil penalty of not more than $50,000
for each violation plus twice the amount of compensation which
the individual received or offered for the prohibited conduct.
An organization that engages in such conduct is subject to a
civil penalty of not more than $500,000 for each violation plus
twice the amount of compensation which the organization
received or offered for the prohibited conduct.
``(3) Administrative actions.--(A) If a Federal agency
receives information that a contractor or a person has engaged
in conduct constituting an offense under subsection (a), (b),
or (c), the Federal agency shall consider taking one or more of
the following actions, as appropriate:
``(i) Cancellation of the Federal agency
procurement, if a contract has not yet been awarded.
``(ii) Rescission of a contract with respect to
which--
``(I) the contractor or someone acting for
the contractor has been convicted for an
offense under subsection (a), (b), or (c), or
``(II) the head of the agency that awarded
the contract has determined, based upon clear
and convincing evidence, that the contractor or
someone acting for the contractor has engaged
in conduct constituting such an offense.
``(iii) Initiation of suspension or debarment
proceedings for the protection of the Government in
accordance with procedures in the Federal Acquisition
Regulation.
``(iv) Initiation of adverse personnel action,
pursuant to the procedures in chapter 75 of title 5,
United States Code, or other applicable law or
regulation.
``(B) If a Federal agency rescinds a contract pursuant to
subparagraph (A)(ii), the United States is entitled to recover,
in addition to any penalty prescribed by law, the amount
expended under the contract.
``(C) For purposes of any suspension or debarment
proceedings initiated pursuant to subparagraph (A)(iii),
engaging in conduct constituting an offense under subsection
(a), (b), or (c) affects the present responsibility of a
Government contractor or subcontractor.
``(e) Definitions.--As used in this section:
``(1) The term `contractor bid or proposal information'
means any of the following information submitted to a Federal
agency as part of or in connection with a bid or proposal to
enter into a Federal agency procurement contract, if that
information has not been previously made available to the
public or disclosed publicly:
``(A) Cost or pricing data (as defined by section
2306a(i) of title 10, United States Code, with respect
to procurements subject to that section, and section 304A(i) of Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254b(i),
with respect to procurements subject to that section).
``(B) Indirect costs and direct labor rates.
``(C) Proprietary information about manufacturing
processes, operations, or techniques marked by the
contractor in accordance with applicable law or
regulation.
``(D) Information marked by the contractor as
`contractor bid or proposal information', in accordance
with applicable law or regulation.
``(2) The term `source selection information' means any of
the following information prepared for use by a Federal agency
for the purpose of evaluating a bid or proposal to enter into a
Federal agency procurement contract, if that information has
not been previously made available to the public or disclosed
publicly:
``(A) Bid prices submitted in response to a Federal
agency solicitation for sealed bids, or lists of those
bid prices before public bid opening.
``(B) Proposed costs or prices submitted in
response to a Federal agency solicitation, or lists of
those proposed costs or prices.
``(C) Source selection plans.
``(D) Technical evaluation plans.
``(E) Technical evaluations of proposals.
``(F) Cost or price evaluations of proposals.
``(G) Competitive range determinations that
identify proposals that have a reasonable chance of
being selected for award of a contract.
``(H) Rankings of bids, proposals, or competitors.
``(I) The reports and evaluations of source
selection panels, boards, or advisory councils.
``(J) Other information marked as `source selection
information' based on a case-by-case determination by
the head of the agency, his designee, or the
contracting officer that its disclosure would
jeopardize the integrity or successful completion of
the Federal agency procurement to which the information
relates.
``(3) The term `Federal agency' has the meaning provided
such term in section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
``(4) The term `Federal agency procurement' means the
acquisition (by using competitive procedures and awarding a
contract) of goods or services (including construction) from
non-Federal sources by a Federal agency using appropriated
funds.
``(5) The term `contracting officer' means a person who, by
appointment in accordance with applicable regulations, has the
authority to enter into a Federal agency procurement contract
on behalf of the Government and to make determinations and
findings with respect to such a contract.
``(6) The term `protest' means a written objection by an
interested party to the award or proposed award of a Federal
agency procurement contract, pursuant to section 111 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 759) or subchapter V of chapter 35 of title 31, United
States Code.
``(f) Limitation on Protests.--No person may file a protest against
the award or proposed award of a Federal agency procurement contract
alleging an offense under subsection (a), (b), or (c), of this section,
nor may the Comptroller General or the board of contract appeals of the
General Services Administration consider such an allegation in deciding
a protest, unless that person reported to the Federal agency
responsible for the procurement information that the person believed
constituted evidence of the offense no later than 14 days after the
person first discovered the possible offense.
``(g) Savings Provisions.--This section does not--
``(1) restrict the disclosure of information to, or its
receipt by, any person or class of persons authorized, in
accordance with applicable agency regulations or procedures, to
receive that information;
``(2) restrict a contractor from disclosing its own bid or
proposal information or the recipient from receiving that
information;
``(3) restrict the disclosure or receipt of information
relating to a Federal agency procurement after it has been
canceled by the Federal agency before contract award unless the
Federal agency plans to resume the procurement;
``(4) authorize the withholding of information from, nor
restrict its receipt by, Congress, a committee or subcommittee
of Congress, the Comptroller General, a Federal agency, or an
inspector general of a Federal agency;
``(5) authorize the withholding of information from, nor
restrict its receipt by, any board of contract appeals of a
Federal agency or the Comptroller General in the course of a
protest against the award or proposed award of a Federal agency
procurement contract; or
``(6) limit the applicability of any requirements,
sanctions, contract penalties, and remedies established under
any other law or regulation.''.
(b) Regulations.--(1) Proposed revisions to the Federal Acquisition
Regulation to implement this section shall be published in the Federal
Register not later than 60 days after the date of the enactment of this
Act.
(2) The proposed regulations described in paragraph (1) shall be
made available for public comment for a period of not less than 60
days.
(3) Final regulations shall be published in the Federal Register
not later than 150 days after the date of the enactment of this Act.
(c) Repeals.--(1) The following provisions of law are repealed:
(A) Sections 2397, 2397a, 2397b, and 2397c of title 10,
United States Code.
(B) Section 281 of title 18, United States Code.
(C) Subsection (c) of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428).
(2)(A) The table of sections at the beginning of chapter 141 of
title 10, United States Code, is amended by striking the items relating
to sections 2397, 2397a, 2397b, and 2397c.
(B) The table of sections at the beginning of chapter 15 of title
18, United States Code, is amended by striking the item relating to
section 281.
(C) Section 32 of the Office of Federal Procurement Policy Act (41
U.S.C. 428) is amended by redesignating subsections (d), (e), (f), and
(g) as subsections (c), (d), (e), and (f), respectively.
SEC. 3. INTERNATIONAL COMPETITIVENESS.
(a) Repeal of Provision Relating to Research, Development, and
Production Costs.--Section 21(e) of the Arms Export Control Act (22
U.S.C. 2761(e)) is amended--
(1) by inserting ``and'' after the semicolon at the end of
paragraph (1)(A);
(2) by striking out subparagraph (B) of paragraph (1);
(3) by redesignating subparagraph (C) of paragraph (1) as
subparagraph (B);
(4) by striking out paragraph (2); and
(5) by redesignating paragraph (3) as paragraph (2).
(b) Effective Date.--The amendments made by subsection (a) shall be
effective with respect to sales agreements pursuant to sections 21 and
22 of the Arms Export Control Act (22 U.S.C. 2761 and 2762) entered
into on or after the date of the enactment of this Act. | Federal Acquisition Reform Act of 1995 - Amends the Office of Federal Procurement Policy Act (OFPPA) to revise procurement integrity provisions, replacing them with specified restrictions on disclosing and obtaining contractor bid or proposal information or source selection information.
Repeals specified armed forces procurement provisions, post-employment restrictions and reporting requirements with respect to retired military officers and defense contractors, and OFPPA procedures applicable to purchases below micro-purchase threshold.
Amends the Arms Export Control Act to repeal provisions relating to research, development, and production costs. | {"src": "billsum_train", "title": "Federal Acquisition Reform Act of 1995"} | 2,936 | 120 | 0.498544 | 1.289553 | 0.612754 | 3.22 | 27.56 | 0.76 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Election
Assistance Commission Termination Act''.
(b) Findings.--Congress finds the following:
(1) The Help America Vote Act of 2002 (HAVA) authorized
annual appropriations of not more than $10,000,000 for the
Election Assistance Commission (EAC) for fiscal years 2003,
2004, and 2005. Funding for additional years has not been
authorized, and in fiscal year 2011 the EAC's budget grew to
nearly $18,000,000.
(2) Between 2007 and 2011, the number of staff at the EAC
grew from 26 to 48 without an increase in statutory
responsibility.
(3) 55 percent of the EAC's fiscal year 2014 budget request
is devoted to management costs, the third consecutive year for
which management costs have exceeded one-half of the EAC's
budget.
(4) The EAC has distributed more than $3.2 billion in
election reform grants to the States. The most recent year for
which appropriations for these grants were enacted or were
requested in the President's annual budget was fiscal year
2010.
(5) The EAC last issued voluntary voting system guidelines
in 2005. A total of 11 voting systems currently hold a
certification from the EAC.
(6) The research division of the EAC has substantially
completed the reports required by HAVA.
(7) The National Association of Secretaries of State
adopted resolutions calling for the dissolution of the EAC in
2005 and 2010.
(8) The EAC has not had a quorum of commissioners since
December 2010, and has not had any commissioners since December
2011. The EAC has not had an Executive Director since December
2011, and has not had a General Counsel since May 2012.
(9) The existence of the EAC is not necessary to the
conduct of Federal elections and is an unnecessary expenditure
of taxpayer funds. Any functions of the EAC worth continuing
can be performed by other government entities, consortia of
government entities, or private associations.
SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMISSION.
(a) Termination.--The Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.) is amended by adding at the end the following new title:
``TITLE X--TERMINATION OF COMMISSION
``SEC. 1001. TERMINATION.
``Effective on the Commission termination date, the Commission
(including the Election Assistance Commission Standards Board and the
Election Assistance Commission Board of Advisors under part 2 of
subtitle A of title II) is terminated and may not carry out any
programs or activities.
``SEC. 1002. OFFICE OF MANAGEMENT AND BUDGET TO PERFORM TRANSITION
FUNCTIONS.
``Except as provided in section 1004, the Director of the Office of
Management and Budget shall, effective upon the Commission termination
date--
``(1) perform the functions of the Commission with respect
to contracts and agreements described in subsection 1003(a)
until the expiration of such contracts and agreements, but
shall not renew any such contract or agreement; and
``(2) take the necessary steps to wind up the affairs of
the Commission.
``SEC. 1003. SAVINGS PROVISIONS.
``(a) Prior Contracts.--The termination of the Commission under
this title shall not affect any contract that has been entered into by
the Commission before the Commission termination date. All such
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by an
authorized Federal official, a court of competent jurisdiction, or
operation of law.
``(b) Obligations of Recipients of Payments.--
``(1) In general.--The termination of the Commission under
this title shall not affect the authority of any recipient of a
payment made by the Commission under this Act prior to the
Commission termination date to use any portion of the payment
that remains unobligated as of the Commission termination date,
and the terms and conditions that applied to the use of the
payment at the time the payment was made shall continue to
apply.
``(2) Special rule for states receiving requirements
payments.--In the case of a requirements payment made to a
State under part 1 of subtitle D of title II, the terms and
conditions applicable to the use of the payment for purposes of
the State's obligations under this subsection (as well as any
obligations in effect prior to the termination of the
Commission under this subtitle), and for purposes of any
applicable requirements imposed by regulations promulgated by
the Director of the Office of Management and Budget, shall be
the general terms and conditions applicable under Federal law,
rules, and regulations to payments made by the Federal
Government to a State, except that to the extent that such
general terms and conditions are inconsistent with the terms
and conditions that are specified under part 1 of subtitle D of
title II or section 902, the terms and conditions specified
under such part and such section shall apply.
``(c) Pending Proceedings.--
``(1) No effect on pending proceedings.--The termination of
the Commission under this title shall not affect any proceeding
to which the Commission is a party that is pending on the
Commission termination date, including any suit to which the
Commission is a party that is commenced prior to such date, and
the Director of the Office of Management and Budget shall be
substituted or added as a party to the proceeding.
``(2) Treatment of orders.--In the case of a proceeding
described in paragraph (1), an order may be issued, an appeal
may be taken, judgments may be rendered, and payments may be
made as if the Commission had not been terminated. Any such
order shall continue in effect until modified, terminated,
superseded, or revoked by an authorized Federal official, a
court of competent jurisdiction, or operation of law.
``(3) Construction relating to discontinuance or
modification.--Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any proceeding
described in paragraph (1) under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if the Commission had not been
terminated.
``(4) Regulations for transfer of proceedings.--The
Director of the Office of Management and Budget may issue
regulations providing for the orderly transfer of proceedings
described in paragraph (1).
``(d) Judicial Review.--Orders and actions of the Director of the
Office of Management and Budget in the exercise of functions of the
Commission under section 1002 shall be subject to judicial review to
the same extent and in the same manner as if such orders and actions
had been issued or taken by the Commission. Any requirements relating
to notice, hearings, action upon the record, or administrative review
that apply to any function of the Commission shall apply to the
exercise of such function by the Director.
``SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION OF AUTHORITY TO
CARRY OUT CERTAIN FUNCTIONS UNDER NATIONAL VOTER
REGISTRATION ACT OF 1993.
``Effective on the Commission termination date, there are
transferred to the Federal Election Commission any functions
transferred to the Election Assistance Commission under section 802
(relating to functions described in section 9(a) of the National Voter
Registration Act of 1993).
``SEC. 1005. COMMISSION TERMINATION DATE.
``The `Commission termination date' is the first date following the
expiration of the 60-day period that begins on the date of the
enactment of this title.''.
(b) Termination of Technical Guidelines Development Committee.--
Section 221 of such Act (42 U.S.C. 15361) is amended by adding at the
end the following new subsection:
``(g) Termination.--Effective on the Commission termination date
described in section 1005, the Development Committee is terminated.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end the following:
``TITLE X--TERMINATION OF COMMISSION
``Sec. 1001. Termination.
``Sec. 1002. Office of Management and Budget to perform transition
functions.
``Sec. 1003. Savings provisions.
``Sec. 1004. Return to Federal Election Commission of authority to
carry out certain functions under National
Voter Registration Act of 1993.
``Sec. 1005. Commission termination date.''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN OF CERTAIN AUTHORITY
TO FEDERAL ELECTION COMMISSION.
(a) Federal Election Campaign Act of 1971.--Section 311(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(10) carry out the duties described in section 9(a) of
the National Voter Registration Act of 1993.''.
(b) National Voter Registration Act of 1993.--Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is
amended by striking ``Election Assistance Commission'' and inserting
``Federal Election Commission''.
(c) Effective Date.--The amendments made by this section shall take
effect on the Commission termination date described in section 1005 of
the Help America Vote Act of 2002 (as added by section 2(a)). | . Election Assistance Commission Termination Act - Amends the Help America Vote Act of 2002 to terminate the Election Assistance Commission (EAC), the EAC Standards Board, and the EAC Board of Advisors. Requires the Director of the Office of Management and Budget (OMB) to perform EAC functions with respect to certain existing contracts and agreements during the transition period for winding up EAC affairs. Transfers specified election administration functions of the EAC to the Federal Election Commission (FEC). Terminates the Technical Guidelines Development Committee. | {"src": "billsum_train", "title": "Election Assistance Commission Termination Act"} | 2,155 | 117 | 0.53966 | 1.513713 | 0.491883 | 2.979381 | 19.958763 | 0.876289 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``OSHA Reform Act of
1994''.
(b) Reference.--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 Occupational Safety and Health Act of 1970.
SEC. 2. REPEALS.
Sections 8, 9, 10, 11, 12, and 17 (29 U.S.C. 657, 658, 659, 660,
666) are repealed.
SEC. 3. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
(a) Standard Basis.--Paragraph (5) of section 6(b) (29 U.S.C.
655(b)) is amended to read as follows:
``(5) The development of standards under this section shall
be based upon the latest scientific data in the field and on
such research, demonstrations, experiments, and other
information as may be appropriate. In establishing such
standards, the Secretary shall consider and make findings
concerning the appropriateness of the standard to the following
factors:
``(A) The standard is needed to address a
significant risk of material impairment to workers and
will substantially reduce that risk.
``(B) The standard is feasible.
``(C) There is a reasonable relationship between
the costs and benefits of the standard.
``(D) The standard will provide protection to
employees in the most cost-effective manner to minimize
employment loss due to the standard in the affected
industries.
``(E) Whenever practicable, the standard shall be
expressed in terms of objective criteria and of the
performance desired.''.
(b) Toxic Materials or Harmful Physical Agents.--The second
sentence of section 6(g) (29 U.S.C. 655(g)) is amended to read as
follows: ``In determining the priority for establishing standards
dealing with toxic materials or harmful physical agents, the Secretary
shall consider the number of workers exposed to the material or agent,
the nature and severity of the potential impairment, and the likelihood
of such impairment.''.
SEC. 4. NEW PROVISIONS.
(a) Employee Participation.--The Act is amended by adding at the
end the following:
``employee participation
``Sec. 33. In order to carry out the purposes of this Act to
encourage employers and employees in their efforts to reduce the number
of occupational safety and health hazards, an employee participation
committee or other mechanism--
``(1) in which employees participate,
``(2) which exists for the purpose, in whole or in part, of
dealing with employees concerning the safety or health of
working conditions or related matters, and
``(3) which does not have, claim, or seek authority to
negotiate or enter into collective bargaining agreements with
an employer or to amend existing collective bargaining
agreements between and employer and any labor organization,
shall not constitute a `labor organization' for purposes of section
8(a)(2) of the National Labor Relations Act or a representative for
purposes of sections 1 and 2 of the Railway Labor Act.
(b) Small Business Assistance and Training.--The Act, as amended by
subsection (a), is amended by adding after section 33 the following:
``small business assistance and training
``Sec. 34. (a) The Secretary shall establish and implement a
program to provide technical assistance and consultative services for
employers and employees, either directly or by grant or contract,
concerning worksite safety and health and compliance with this Act.
Such assistance shall be targeted at small employers and the most
hazardous industries.
``(b) This subsection authorizes the consultative services to
employers provided under cooperative agreements between the States and
the Occupational Safety and Health Administration and described in part
1908 of title 39 of the Code of Federal Regulations.
``(c) Not less than one-fourth of the annual appropriation made to
the Secretary to carry out this Act shall be expended for the purposes
described in this section.''.
(c) Voluntary Protection Program Award.--The Act, as amended by
subsection (b), is amended by adding after section 34 the following:
``voluntary protection program award
``Sec. 35. (a) The Secretary shall establish an award which shall
periodically be made to companies and other organizations which have
implemented particularly effective approaches to addressing
occupational safety and health in the workplace, including those which
provide for effective employee involvement in improving safety and
health and which are as a consequence deserving of special recognition.
``(b) A company or organization to which an award is made under
subsection (a) and which agrees to help other American companies or
organizations improve their occupational safety and health may
publicize its receipt of such award and use the award in its
advertising, but it shall be ineligible to receive another such award
in the same category for a period of 5 years.
``(c)(1) Subject to paragraph (2), separate awards shall be made to
qualifying organizations and companies in each of the following
categories--
``(A) Small businesses.
``(B) Other companies or their subsidiaries.
``(C) Companies which primarily perform
construction work.
``(2) Change in list.--The Secretary may at any time
expand, subdivide, or otherwise modify the list of categories
within which awards may be made as initially in effect under
paragraph (1) and may establish separate awards for other
organizations and companies including units of government, upon
a determination that the objectives of this section would be
better served thereby; except that any such expansion,
subdivision, modification, or establishment shall not be
effective unless and until the Secretary has submitted a
detailed description thereof to the Congress and a period of 30
days has elapsed since that submission.
``(3) Not more than 2 awards may be made within any
subcategory in any year (and no award shall be made within any
category or subcategory if there are no qualifying enterprises
in that category or subcategory).
``(d) An organization or company may qualify for an award under
subsection (a) only if it--
``(1) applies to the Secretary in writing, for the award,
``(2) permits a rigorous evaluation of its occupational
safety and health operations, and
``(3) meets such requirements and specifications as the
Secretary determines to be appropriate to achieve the
objectives of this section.
In applying paragraph (3) with respect to any organization or company,
the Secretary shall rely upon an intensive evaluation of the
occupational safety and health operation. The examination should
encompass all aspects of the organization's or company's current
occupational safety and health practice. The award shall be given only
to organizations and companies which have made outstanding improvements
in their occupational safety and health practices and which demonstrate
effective occupational safety and health practices through the training
and involvement of all levels of personnel.
``(e) The Secretary shall ensure that all program participants
receive the complete results of their audits as well as detailed
explanations of all suggestions for improvements. The Secretary shall
also provide information about the awards and the successful quality
improvement strategies and programs of the award-winning participants
to all participants and other appropriate groups.
``(f) The Secretary is authorized to seek and accept gifts from
public and private sources to carry out the program under this section.
If additional sums are needed to cover the full cost of the program,
the Secretary shall impose fees upon the organizations and companies
applying for the award in amounts sufficient to provide such additional
sums.
``(g) The Secretary shall prepare and submit to the President and
the Congress, within 3 years after the date of the enactment of this
section, a report on the progress, findings, and conclusions of
activities conducted pursuant to this section along with
recommendations for possible modifications thereof.''. | OSHA Reform Act of 1994 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to repeal provisions for: (1) inspections, investigations, and recordkeeping; (2) citations; (3) enforcement procedures; (4) judicial review; and (5) civil and criminal penalties.
Requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard.
Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and the likelihood of such impairment, in determining the priority for establishing standards dealing with such materials or agents.
Provides that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act.
Establishes a small business assistance and training program, including: (1) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (2) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such assistance and training program.
Directs the Secretary of Labor to periodically make an award to companies and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement. | {"src": "billsum_train", "title": "OSHA Reform Act of 1994"} | 1,688 | 291 | 0.518789 | 1.488902 | 0.697259 | 3.671533 | 6.058394 | 0.890511 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Heating Oil Assistance Act of
2008''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(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 an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by 5 percent of so much of the taxpayer's adjusted
gross income as exceeds the threshold amount.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $200,300 in the case of a joint return,
``(B) $182,400 in the case of a head of a household
(as defined in section 2(b)),
``(C) $164,550 in the case of an individual who is
not married, and
``(D) one-half of the dollar amount in effect under
subparagraph (A) for the taxable year in the case of a
married individual filing a separate return.
``(3) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in 2009, each of the dollar amounts contained in
subsections (a)(2) and (b)(2) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) in the case of--
``(i) the dollar amount contained in
subsection (a)(2), the fuel price inflation
adjustment for 2009, and
``(ii) the dollar amounts contained in
subsection (b)(2), the cost-of-living
adjustment determined under section 1(f)(3) for
2009 by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
``(2) Fuel price inflation adjustment.--For purposes of
paragraph (1)(B)(i)--
``(A) In general.--The fuel price inflation
adjustment for 2009 is the percentage (if any) by
which--
``(i) the CPI fuel component for October of
2008, exceeds
``(ii) the CPI fuel component for October
of 2007.
``(B) CPI fuel component.--The term `CPI fuel
component' means the fuel component of the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
``(3) Rounding.--
``(A) Credit amount.--
``(i) Credit amount.--If the dollar amount
in subsection (a)(2) (after being increased
under paragraph (1)), is not a multiple of $10,
such dollar amount shall be rounded to the
nearest multiple of $10.
``(ii) Income threshold.--If any dollar
amount in subsection (b)(2) (after being
increased under paragraph (1)), is not a
multiple of $50, such dollar amount shall be
rounded to the next lowest multiple of $50.
``(f) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section, in taxable years ending after such date, and
before January 1, 2010.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6431, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Refundable credit for residential energy costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Home Heating Oil Assistance Act of 2008 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for the lesser of 33% of such taxpayer's residential energy costs for a taxable year, or $500. Defines "residential energy costs" as amounts paid: (1) to any utility for electricity or natural gas used in the taxpayer's principal residence during the heating season (October through March); and (2) for any qualified fuel (e.g., propane, heating oil, kerosene, wood, and wood pellets) used as the primary fuel for heating the taxpayer's principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs, and for other purposes."} | 1,640 | 138 | 0.575478 | 1.503766 | 0.683577 | 3.663934 | 12.245902 | 0.92623 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Land and Resources Management Commission established by section
2.
(2) Implementing bill.--The term ``implementing bill''
means a bill accompanying a report submitted to Congress by the
President under section 4(a).
(3) Land management agency.--The term ``land management
agency'' means--
(A) the Bureau of Land Management and Bureau of
Reclamation (with respect to land that has been
withdrawn from the public domain for use in connection
with water projects that have not been constructed as
of the date of enactment of this Act) of the Department
of the Interior; and
(B) the Forest Service of the Department of
Agriculture.
SEC. 2. NATIONAL LAND AND RESOURCES MANAGEMENT COMMISSION.
(a) Establishment.--There is established the National Land and
Resources Management Commission.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 3 shall be appointed by Speaker of the House of
Representatives; and
(C) 3 shall be appointed by the President pro
tempore of the Senate.
(2) Disqualification.--No person who is employed as an
officer or employee of a land management agency may serve on
the Commission while so employed.
(3) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(4) Vacancies.--A vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(5) Compensation.--
(A) In general.--A member of the Commission who is
not an officer or employee of the United States shall
be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level
ES5 of the Senior Executive Schedule under section 5332
of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the
performance of the duties of the Commission.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the United States
shall serve without compensation in addition to that
received for the member's service as an officer or
employee of the United States.
(6) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from the member's home or regular place of
business in the performance of services for the Commission.
(c) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(d) Chairperson.--The Commission shall select a Chairperson from
among its members.
(e) Staff.--At the request of the Commission, the head of any
Federal department or agency may detail any of the personnel of the
department or agency to the Commission to assist the Commission in
carrying out its duties under this Act.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Review and Report.--Not later than 2 years after the date on
which all of the members of the Commission have been appointed, the
Commission shall review, and submit to the President and Congress a
report
making recommendations for reforming, management of the public land by
the land management agencies.
(b) Matters To Be Addressed.--In the review and report under
subsection (a), the Commission shall--
(1) examine changes in law and management practices and
policies that should be adopted to--
(A) reduce administration and management overhead
costs by 50 percent and the overall costs of land
management by a minimum of 30 percent;
(B) devote a greater proportion of the land
management agencies' resources to the provision of
services in the field and a lesser proportion to
procedural and administrative matters;
(C) improve service to land and resource users;
(D) simplify land use planning requirements,
including the provision that any challenge to a land
use plan be made in the context of a challenge to a
specific action proposed to be taken under the plan and
not as a challenge to the plan on its face;
(E) simplify the administrative appeals process,
providing for no more than 1 level of intermediate
appeal of an initial land management agency's decision
before appeal to the head of the agency;
(F) provide that an administrative withdrawal of
public land from multiple use will expire after 5 years
subject to renewal only if the land management agency
makes appropriate findings justifying renewal of the
withdrawal; and
(G) consolidate the laws that apply specifically to
management of the public land and ensure that other
laws of general application are not applied with
respect to public land management in such a manner as
to impede the ability of the land management agencies
to achieve the objectives of the land management laws;
(2) review the patterns of Federal, State, and local public
and private ownership and control of land and consider possible
transfers of land (including transfers of ownership through
sales or exchanges of land between government entities and
private persons and transfers of administrative jurisdiction
between government entities) for the purpose of allowing the
most efficient and consistent management of the land and its
resources;
(3) propose the establishment of a single land management
agency in 1 of the executive departments or as an independent
agency to manage all of the land managed by the land management
agencies on the date of enactment of this Act, including--
(A) a recommended structure of such an agency with
regions or other subdivisions that recognize, to the
extent feasible, State boundaries and other boundaries
as appropriate;
(B) adjustment of the boundaries of special
management areas that preclude multiple use management,
but without any net loss of acreage that will remain
available for multiple use; and
(C) identification of matters that will need to be
addressed, such as maintenance of prior existing
rights, contracts, permits, and the like, to allow for
a smooth transition over a period of approximately 3
years; and
(4) include a draft implementing bill proposing such
amendments of the law as the Commission recommends.
(c) Hearings and Public Participation.--The Commission shall--
(1) hold hearings in all regions of the country in which
public land is situated; and
(2) solicit written public comment early in the proceedings
to learn the concerns of, and receive the benefit of ideas
from, the public.
SEC. 4. CONSIDERATION BY THE PRESIDENT AND CONGRESS.
(a) Consideration by the President.--Not later than 180 days after
receiving the report under section 3, the President shall--
(1) consider the report and make such modifications to the
report as the President considers to be necessary or
appropriate; and
(2) submit the report to Congress.
(b) Consideration by Congress.--
(1) Introduction.--Any member of the House of
Representatives or Senate may introduce an implementing bill in
the House of Representatives or Senate, respectively.
(2) Referral.--
(A) House.--An implementing bill that is introduced
in the House of Representatives shall be referred to
the Committee on Resources of the House of
Representatives.
(B) Senate.--An implementing bill that is
introduced in the Senate shall be referred to the
Committee on Energy and Natural Resources of the
Senate.
(3) Discharge.--If the committee to which an implementing
bill is referred has not reported the implementing bill by the
end of the 20-day period beginning on the date on which the
President submits the report to Congress under subsection (a),
the committee shall, at the end of that period, be discharged
from further consideration of the implementing bill, and the
implementing bill shall be placed on the appropriate calendar
of the House of Representatives or the Senate, as the case may
be.
(4) Consideration.--
(A) Motion to proceed to consideration.--
(i) Motion in order.--On or after the third
day after the date on which the committee to
which an implementing bill is referred has
reported, or has been discharged (under
paragraph (3)) from further consideration of,
the implementing bill, it is in order (even
though a previous motion to the same effect has
been disagreed to) for any member of the House
of Representatives or the Senate, respectively,
to move to proceed to the consideration of the
implementing bill (but only on the date after
the calendar day on which the member announces
to the House of Congress concerned the member's
intention to do so).
(ii) Waiver of points of order.--All points
of order against an implementing bill (and
against consideration of the implementing bill)
are waived.
(iii) Privilege.--A motion to proceed to
the consideration of an implementing bill is
highly privileged in the House of
Representatives and is privileged in the Senate
and is not debatable.
(iv) No amendment or postponement.--A
motion described in clause (iii) is not subject
to amendment, to a motion to postpone
consideration of the implementing bill, or to a
motion to proceed to the consideration of other
business.
(v) No motion to reconsider.--A motion to
reconsider the vote by which a
motion described in clause (iii) is agreed to
or not agreed to shall not be in order.
(vi) Consideration.--If a motion described
in clause (iii) is agreed to, the House of
Representatives or the Senate, as the case may
be, shall immediately proceed to consideration
of the implementing bill without intervening
motion, order, or other business, and the
implementing bill shall remain the unfinished
business of the House of Representatives or the
Senate, as the case may be, until disposed of.
(B) Debate.--
(i) Time.--Debate on an implementing bill
and on all debatable motions and appeals in
connection with an implementing bill shall be
limited to not more than 5 hours, which shall
be divided equally between those favoring and
those opposing the implementing bill.
(ii) No amendment.--An amendment to an
implementing bill is not in order.
(iii) Motion to limit debate.--A motion
further to limit debate on an implementing bill
is in order and not debatable.
(iv) No motion to postpone.--A motion to
postpone consideration of an implementing bill,
a motion to proceed to the consideration of
other business, or a motion to recommit the
implementing bill is not in order.
(v) No motion to reconsider.--A motion to
reconsider the vote by which an implementing
bill is agreed to or not agreed to is not in
order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on an implementing bill
and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
House of Representatives or the Senate, as the case may
be, the vote on final passage of the implementing bill
shall occur.
(D) Rulings.--Appeals from the decisions of the
Chair relating to the application of the rules of the
House of Representatives or of the Senate, as the case
may be, to the procedure relating to an implementing
bill shall be decided without debate.
(5) Consideration by other house.--
(A) Procedure.--If, before the passage by 1 House
of Congress of an implementing bill that was introduced
in that House, that House receives from the other House
an implementing bill--
(i) the implementing bill of the other
House shall not be referred to a committee and
may not be considered in the House that
receives it otherwise than on final passage
under clause (ii)(II); and
(ii)(I) the procedure in the House that
receives such an implementing bill with respect
to the implementing bill that was introduced in
that House shall be the same as if no
implementing bill had been received from the
other House; but
(II) the vote on final passage shall be on
the implementing bill of the other House.
(B) No consideration.--On disposition of an
implementing bill that is received by 1 House from the
other House, it shall no longer be in order to consider
such an implementing bill that was introduced in the
receiving House.
(6) Rules of the house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and Senate, respectively, and
is deemed to be part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
an implementing bill, and it supersedes other rules
only to the extent that it is inconsistent with such
rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
they relate to the procedure of that House) at any
time, in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 5. AUTHORIZATION OF APROPRIATIONS.
There is authorized to be appropriated $600,000 to carry out this
Act. | Establishes the National Land and Resources Management Commission to review and submit to the President and the Congress a report making recommendations for reforming management of the public land by the land management agencies. Includes among matters to be addressed: (1) reducing overall land management costs by 30 percent; (2) transferring ownership or jurisdiction between government entities to allow the most efficient and consistent management of the land and its resources; (3) establishment of a single land management agency for all public land; and (4) a draft implementing bill.
Sets forth procedures for consideration of such report by the President and the Congress.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish a National Land and Resources Management Commission to review and make recommendations for reforming management of the public land, and for other purposes."} | 2,899 | 129 | 0.490447 | 1.189803 | 0.579204 | 3.36 | 21.872 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Bald Eagle Recovery and
National Emblem Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The bald eagle was designated as the national emblem of
the United States on June 20, 1782, by our country's Founding
Fathers at the Second Continental Congress.
(2) The bald eagle is the greatest visible symbol of the
spirit of freedom and democracy in the world.
(3) The bald eagle species is unique to North America and
represents the American values and attributes of freedom,
courage, strength, spirit, loyalty, justice, equality,
democracy, quality, and excellence.
(4) The bald eagle is the central image used in the Great
Seal of the United States and the seal of many branches and
departments of the United States Government, including the
President and the Vice President of the United States, the
United States Congress, the Department of Defense, the
Department of the Treasury, the Department of Justice, the
Department of State, the Department of Commerce, the Department
of Homeland Security, and the United States Postal Service.
(5) The bald eagle's image and symbolism have played a
profound role in establishing and honoring American beliefs and
traditions.
(6) The bald eagle's image and symbolism have influenced
American art, music, history, literature, commerce, and culture
since the founding of our Nation.
(7) The bald eagle species was once threatened with
possible extinction in the lower 48 States, but is now making a
gradual, encouraging recovery within America's lands,
waterways, and skies.
(8) The bald eagle was federally classified as an
``endangered'' species in 1973 under the Endangered Species Act
of 1973, and, in 1995, was removed from the ``endangered''
species list and upgraded to the less imperiled ``threatened''
status under such Act.
(9) The administration is likely to officially delist the
bald eagle from both the ``endangered'' and ``threatened''
species lists under the Endangered Species Act of 1973 by no
later than 2008.
(10) The initial recovery of the bald eagle population in
the United States was accomplished by the vigilant efforts of
numerous caring agencies, corporations, organizations, and
citizens.
(11) The continued caring and concern of the American
people and the further restoration and protection of the bald
eagle and its habitat are necessary to guarantee the full
recovery and survival of this precious national treasure for
future generations.
(12) Since the Endangered Species Act of 1973 requires that
delisted species be administratively monitored for a 5-year
period, the bald eagle nests in 49 States will require
continual monitoring after the bald eagle is removed from the
protection of such Act; and such efforts will require
substantial funding to the Federal and State agencies and
private organizations that will conduct such monitoring.
(13) Due to Federal and State budget cutting and balancing
trends, funding for on-going bald eagle care, restoration,
monitoring, protection, and enhancement programs has diminished
annually.
(14) In anticipation of the nationwide observance of the
official removal, by 2008, of the bald eagle from the
``threatened'' species list under the Endangered Species Act of
1973, and the 35th anniversary, in 2008, of the Endangered
Species Act of 1973 and the designation of the bald eagle as an
``endangered'' species under such Act, Congress wishes to offer
the opportunity for all persons to voluntarily participate in
raising funds for future bald eagle recovery, monitoring, and
preservation efforts and to contribute to a special American
Eagle Fund endowment managed by the not-for-profit American
Eagle Foundation of Tennessee in the United States, in
cooperation with fund management experts.
(15) It is appropriate for Congress to authorize coins--
(A) celebrating the recovery and restoration of the
bald eagle, the living symbol of freedom in the United
States, to America's lands, waterways, and skies;
(B) commemorating the removal of the bald eagle
from the ``endangered'' and ``threatened'' species
lists under the Endangered Species Act of 1973; and
(C) commemorating the 35th anniversary of the
enactment of the Endangered Species Act of 1973 and the
designation of the bald eagle as an ``endangered''
species under such Act.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In celebration of the recovery of the bald
eagle, the national living symbol of freedom, to America's lands,
waterways, and skies and in commemoration of the 35th anniversary of
the enactment of the Endangered Species Act of 1973 and the placement
of the bald eagle on the endangered species list under such Act, the
Secretary of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $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.
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 bald eagle and its history,
natural biology, and national symbolism.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2008''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts, and the American Eagle Foundation of
Tennessee in the United States; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2008.
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 $3 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 American Eagle Foundation of Tennessee in the United States for use
solely for the following purposes:
(1) To establish an interest-bearing endowment called the
``American Eagle Fund'' as a permanent source of support for
the care, monitoring, maintenance, and recovery of the bald
eagle and its habitat in the United States, including the
following:
(A) Public education activities and events.
(B) Habitat purchases and cooperative land
agreements.
(C) Raptor rehabilitation and captive breeding and
hacking.
(D) Behavior and migration research and wintering
migration counts.
(E) Facilitate the enforcement of laws protecting
the bald eagle.
(F) Nest-watch monitoring and eaglet banding.
(G) Public viewing areas and visitor centers.
(2) To make annual grants, in an amount not to exceed 10
percent of the annual income of the American Eagle Fund, to
Federal, State, and private eagle restoration, protection, and
enhancement projects within the 5 bald eagle recovery regions
established by the United States Fish and Wildlife Service, in
accordance with recommendations made by an advisory committee
of recognized eagle experts which the Foundation shall
establish.
(3) To administer the American Eagle Fund, including
contracting for necessary services, in an annual amount not to
exceed the lesser of--
(A) 10 percent of the annual income of the American
Eagle Fund; or
(B) $250,000.
(4) To provide financial support for capital projects
related to the restoration and protection of bald eagles in
Tennessee and in the United States, in general.
(5) To provide financial support for the continuation and
expansion of the efforts of the American Eagle Foundation of
Tennessee in the United States to educate the American people
nationally about the livelihood, symbolism, and protection of
the bald eagle, the national symbol of the United States,
through the dissemination of information regarding bald eagles
and their habitat at special events and through the media
(including newspapers, magazines, radio, television, the
Internet, and billboards).
(c) Audits.--The American Eagle Foundation of Tennessee in the
United States and the American Eagle Fund shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received by the Foundation or the Fund under
subsection (b). | American Bald Eagle Recovery and National Emblem Commemorative Coin Act - Directs the Secretary of the Treasury, in celebration of the recovery of the bald eagle, in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973, and the placement of the bald eagle on the endangered species list under such Act, to mint and issue not more than: (1) 100,000 $5 gold coins; (2) 500,000 $1 silver coins; and (3) 750,000 half dollar coins.
Directs that the design of the coins be emblematic of the bald eagle and its history, natural biology, and national symbolism.
Requires that sales of the coins include a surcharge of $35 per coin for the $5 coin, $10 for the $1 coin, and $3 for the half dollar coin, which shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee to: (1) establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States; (2) make annual grants to Federal, State, and private eagle restoration, protection, and enhancement projects; (3) administer the Fund in an annual amount not to exceed the lesser of ten percent of the annual income of the Fund or $250,000; and (4) provide financial support for capital projects and for continuation and expansion of the Foundation's efforts to educate the American people about the bald eagle. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle, the national symbol of the United States, to America's lands, waterways, and skies and the great importance of the designation of the American bald eagle as an endangered species under the Endangered Species Act of 1973, and for other purposes."} | 2,571 | 336 | 0.566894 | 1.857628 | 0.561853 | 5.672241 | 7.816054 | 0.989967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Ecosystem Stewardship
Demonstration Act of 1995''.
SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--Congress makes the following finding:
(1) In many of the units of the National Forest System,
current conditions--such as unnatural fuel loads, high tree
density, threat of catastrophic fires, disease, and insect
infestations, habitat loss, and loss of historic species, stand
diversity and integrity--adversely affect the biodiversity,
health, and sustainability of the forest ecosystems of such
units.
(2) 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.
(3) Ecosystem management is not just a biological concept.
It is the convergence of a set of activities that is
simultaneously ecologically sound, economically viable, and
socially responsible.
(4) The improvement of the health and natural functioning
of the forest resource is vital to the long-term viability of
species found on National Forest System lands.
(5) Ecosystem restoration and conservation work performed
with revenues from forest activities would improve employment
opportunities in communities near units of the National Forest
System to the benefit of long-term economic sustainability and
community viability.
(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
health and viability for rural communities near units of the
National Forest System.
(3) To provide for flexibility in procurement and funding
practices to enter into stewardship contracts to achieve
management objectives and 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).
(F) The Federal Grants and Agreements Act of 1977
(31 U.S.C. 6303-6308).
(G) National Forest Fund Act of March 4, 1907 (16
U.S.C. 499).
(c) Definitions.--For purposes of this Act:
(1) Account.--The term ``Account'' means the Stewardship
Account established under section 4.
(2) Design specification contract.--The term ``design
specification contract'' is used to describe contracts in which
the contracting entity specifically identifies all the tasks to
be performed, and the contractor performs per the designed
specifications.
(3) Forest stewardship council.--The term ``Forest
Stewardship Council'' means any one of the local councils
established under section 3(f) of this Act to, in cooperation
with resource managers: prioritize and select stewardship
projects, set operational goals in the context of current
national forest management policies and local forest plans,
evaluate contractor performance and accomplishments, recommend
progress payments for work successfully completed by
contractors, and make recommendations for the improvement of
the stewardship contract process.
(4) Performance specification contract.--The term
``performance specification contract'' is used to describe
contracts in which the contracting entity identifies the
parameters of the project, and the contractor identifies the
method to accomplish the work.
(5) Resource activities.--The term ``resource activities''
includes area access, site preparation, replanting, fish and
wildlife habitat restoration or enhancement, silvicultural
treatments, watershed improvement, fuel treatments (including
prescribed burning), and road closure or obliteration.
(6) Resource manager.--The term ``resource manager'' refers
to the line officer responsible for management decisions
associated with project implementation on a national forest.
(7) Roadside sale.--The term ``roadside sale'' refers to
the sale by the Forest Service to the highest bidder(s) of all
contract-designated products of the forest removed as part of
the management activities conducted under a stewardship
contract. (Non-designated products may be assigned to the
contractor for salvage.) A roadside sale is a completely
separate transaction from the awarding of the stewardship
contract itself.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Statement of work contract.--The term ``statement of
work contract'' is used to describe contracts in which the
contracting entity gives a general overview of the project, and
the bidding contractor provides the specifics on how he/she
envisions the project and the end result he/she would obtain
using his/her particular approach to land stewardship.
(10) Stewardship contract.--The term ``stewardship
contract'' means a contract for carrying out resource
activities for the improvement and restoration of forest
ecosystems of units of the National Forest System and to
encourage or enhance the economic sustainability and the
viability of rural and regional communities. A stewardship
contract could use a design specification format (definition 2,
above), a performance specification format (definition 4,
above), a statement of work format (definition 9, above), or
some combination thereof.
SEC. 3. USE OF STEWARDSHIP CONTRACTS.
(a) Use Authorized.--The Secretary shall establish and implement in
the Forest Service a demonstration program through which forest- and/or
district-level resource managers use stewardship contracts to carry out
resource activities in a comprehensive manner to restore and preserve
the ecological integrity and productivity of forest ecosystems within
the National Forest System and to encourage or enhance the economic
sustainability and the viability of nearby rural communities. The
resource activities undertaken should be consistent with the precepts
of ecosystem management and with the forest's management plan for
achieving the desired future conditions of the area being treated.
(b) Use Limited.--Within the limits of available financial
resources, each forest within the National Forest System may use
stewardship contracts to carry out ecosystem management projects, if
those contracts:
(1) Provide for payment to the contractor based on the
number of acres satisfactorily treated in accordance with an
approved plan to create a desired future condition on the land.
(2) Are used for projects where the harvest of timber is
secondary to creating specific resource conditions (e.g.,
wildlife habitat enhancement, watershed improvement, insect and
disease control).
(3) Are not used for projects involving the construction of
new permanent roads or entries into roadless areas.
(4) Will result in the removal of no more than 300,000
board feet of merchantable timber per project.
(5) Provide for the roadside sale of all contract-
designated merchantable timber which is extracted.
(6) Are awarded competitively to qualified contractors with
no more than 25 employees.
(7) Include stewardship skill and experience qualification
requirements which have been established by the local Forest
Stewardship Council and approved by the Forest Service.
(8) Are monitored not only by the Forest Service, but also
by the local Forest Stewardship Council.
(9) Provide for periodic progress payments to contractors
based on successful completion of contract activities on a per
acre basis. The acceptability of the contractor's work shall be
determined by the Forest Service, taking into account the
recommendation of the local Forest Stewardship Council.
(c) Demonstration Research Objectives.--The Secretary shall insure
that in the carrying out of the provisions of this Act enough
flexibility is provided to resource managers to enable them to test
various approaches to solving questions left unresolved in previous
demonstrations of stewardship and end results contracts authorized in
fiscal year 1991 and 1992 through the Department of the Interior and
Related Appropriation Acts. These questions include, but are not
limited to:
(1) The need for the bonding of stewardship contractors
and/or possible alternatives which could reduce the financial
burden on small businesses.
(2) Preferred methods of marketing timber or other products
of the forest removed as a result of stewardship contract
activities.
(3) The standards to be used in evaluating the quality and
acceptability of the work performed by a stewardship
contractor.
(4) The desirability of multi-year contracts for
stewardship projects.
(5) The relative merits of using design specifications,
performance specifications, or statements of work in offering,
awarding, and evaluating stewardship contracts.
(6) The costs, benefits, problems, and opportunities
resulting from increased community involvement in the design
and monitoring of stewardship contracts.
(7) The benefits and problems resulting from restricting
stewardship contracts to very small (no more than 25 employees)
contractors.
(8) The extent to which local economic sustainability and
rural community viability are affected by the use of
stewardship contracts.
(9) The difference between estimated and actual revenues
derived from roadside sales of timber.
(10) The level of utilization of timber and other products
of the forest derived from stewardship contract projects as
compared with conventional timber sales.
(11) The extent to which stewardship contracting
contributes to the achievement of forest ecosystem management
plans.
(12) The extent to which the revenues from stewardship
contracts cover the cost of such contracts or are offset by the
costs which could reasonably be expected to result if the
contracts are not carried out (e.g., fire suppression costs in
areas with heavy fuel loads).
(13) The administrative costs or savings involved in the
use of stewardship contracts.
(14) The benefits and/or disadvantages of using local
Forest Stewardship Councils as part of the stewardship
contracting process.
(15) The benefits and/or disadvantages of various methods
of selecting members, organizing, administering, and conducting
the business of local Forest Stewardship Councils.
(d) Development and Use of Contracts.--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.) The local Forest Stewardship Council, in cooperation
with the Forest Service resource manager, shall select the type of
stewardship contract that is most suitable to local conditions.
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 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).
(e) Selection of Areas for Contracts.--In selecting areas within
units of the National Forest System to be subject to stewardship
contracts, the Secretary, resource managers, and local Forest
Stewardship Councils shall base the selection on the need to improve
forest health, maintain and improve soil and water quality, and improve
fisheries and wildlife habitat. Priorities for activities within
individual units will be established by local resource managers, in
consultation with the appropriate local Forest Stewardship Council.
(f) Establishment of Local Forest Stewardship Councils.--Local
Forest Stewardship Councils shall be established for each unit of the
National Forest System which offers stewardship contracts. The role of
a Forest Stewardship Council will be to, in cooperation with the
resource managers, prioritize and select stewardship projects, set
operational goals in the context of current national forest management
policies and local forest plans, evaluate contractor performance and
accomplishments, recommend progress payments for work successfully
completed by contractors, and make recommendations for the improvement
of the stewardship contract process. Each participating National Forest
System unit shall establish, after soliciting the comments of local
citizens, the size of the local council, the method of selection or
election of council members, the terms of service of members, and the
council administrative budget, if any. At least 51 percent of members
of any Forest Stewardship Council shall be drawn from the private
sector, in a manner which insures representation of a broad range of
public interests. The functioning of the Forest Stewardship Councils
must assure a continuing and open process and must in no way interfere
with the broad public involvement in Federal resource management
decision making required under the National Environmental Policy Act of
1976.
(g) Application of Contracts.--Subject to subsection (h), the
revenue received from the sale of timber or any other products of the
forest resulting to the Federal Government as a result of work carried
out under a stewardship contract shall be deposited into a Stewardship
Account as established in section 4(a).
(h) Effect on Other Revenue Requirements.--Twenty-five percent of
the revenues received from roadside sale of products extracted through
stewardship contract activities 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, 1991 (16 U.S.C. 500). The Secretary shall first
collect revenues to make such payments before exercising the authority
provided in subsection g.
SEC. 4. STEWARDSHIP CONTRACT RECEIPTS AND EXPENDITURES.
(a) Receipts.--Monetary receipts received as payment for contract-
designated timber and other products of the forest extracted through
stewardship contract activities 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 of the needs of the
Secretary shall be transferred to miscellaneous receipts in the
Treasury of the United States. Any additional revenues made available
through direct appropriations to the Forest Service for stewardship
contracting and ecosystem management purposes also shall be deposited
in the Account.
(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. The revenues received from sales of
contract-designated products resulting from stewardship contracts shall
be returned to the national forest from which they were generated, to
be used to fund additional stewardship contracts. To the extent that
additional revenues are received in the Account from direct
appropriations by the Congress of funds for stewardship contract
activities, such funds shall be made available to those forest units
using stewardship contracts through a process to be developed by the
Secretary.
(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.
SEC. 6. EFFECTIVE DATE.
This Act shall be effective upon passage.
SEC. 7. TERMINATION DATE.
Unless extended by a subsequent act of the Congress, this Act shall
terminate five years from its effective date. | Forest Ecosystem Stewardship Demonstration Act of 1995 - Directs the Secretary of Agriculture to establish and implement a Forest Service demonstration program of stewardship contracts (as defined in this Act) to restore and preserve forest ecosystems and to sustain neighboring rural communities' economic viability.
Requires Local Forest Stewardship Councils to be established for each National Forest System offering stewardship contracts. | {"src": "billsum_train", "title": "Forest Ecosystem Stewardship Demonstration Act of 1995"} | 3,421 | 92 | 0.515745 | 1.312038 | 0.947702 | 2.333333 | 47.242424 | 0.909091 |
SECTION 1. LIMITATION ON CERTAIN ALIENS CLAIMING EARNED INCOME TAX
CREDIT.
(a) In General.--Paragraph (1) of section 32(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Prohibition on retroactive credit for certain
immigrants.--
``(i) In general.--In the case of any alien
described in clause (iii), no credit shall be
allowed under this section for the taxable year
in which such alien was granted deferred action
described in such clause or for any taxable
year prior to such year unless such alien--
``(I) was an eligible individual
for the taxable year, and
``(II) was authorized to engage in
employment in the United States for the
entire taxable year.
``(ii) Married individuals.--In the case of
an eligible individual who is married (within
the meaning of section 7703) to an alien
described in clause (iii), no credit shall be
allowed under this section for any taxable
year--
``(I) in which such alien was
married (within the meaning of section
7703) to the eligible individual, and
``(II) which includes or was prior
to the date on which such alien was
granted deferred action described in
such clause,
unless such alien was authorized to engage in
employment in the United States for the entire
taxable year.
``(iii) Alien described.--An alien is
described in this clause if such alien is
granted deferred action pursuant to the
memorandum from the Secretary of Homeland
Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children and with
Respect to Certain Individuals Who Are the
Parents of U.S. Citizens or Permanent
Residents' dated November 20, 2014 (or any
substantially similar policy changes issued or
taken on or after the date of the enactment of
this clause, whether set forth in memorandum,
Executive order, regulation, directive, or by
other action).''.
(b) Qualifying Children.--Subparagraph (D) of section 32(c)(3) of
the Internal Revenue Code of 1986 is amended by redesignating clause
(ii) as clause (iii) and by inserting after clause (i) the following
new clause:
``(ii) Prior years.--In the case of an
alien described in paragraph (1)(G)(iii), such
alien shall not be taken into account as a
qualifying child under subsection (b) for any
taxable year in which such alien was granted
deferred action described in such paragraph, or
for any taxable year prior to such year, unless
such alien was authorized to engage in
employment in the United States for the taxable
year.''.
(c) Information Sharing.--
(1) Commissioner of social security.--
(A) In general.--The Commissioner of Social
Security (referred to in this subsection as the
``Commissioner'') shall provide to the Secretary of
Treasury (or the Secretary's delegate) the information
described in subparagraph (B) with respect to any alien
who--
(i) is granted deferred action pursuant to
the memorandum from the Secretary of Homeland
Security entitled ``Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children and with
Respect to Certain Individuals Who Are the
Parents of U.S. Citizens or Permanent
Residents'' dated November 20, 2014 (or any
substantially similar policy changes issued or
taken on or after the date of the enactment of
this clause, whether set forth in memorandum,
Executive order, regulation, directive, or by
other action); and
(ii) has been assigned a social security
account number by the Commissioner.
(B) Information provided.--The information
described in this subparagraph is--
(i) the name and social security account
number of any individual described in
subparagraph (A);
(ii) the date such social security account
number was issued by the Commissioner; and
(iii) such other information as determined
by the Commissioner, in consultation with the
Secretary of the Treasury, to be necessary to
carry out the amendments made by subsections
(a) and (b).
(2) Secretary of homeland security.--The Secretary of
Homeland Security shall provide to the Commissioner of Social
Security such information as is necessary to assist the
Commissioner in carrying out the requirements of paragraph (1).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | This bill amends the Internal Revenue Code to deny the earned income tax credit to an alien who has been granted deferred action from removal in any taxable year in which such alien was not lawfully present in the United States or not authorized to work. The bill requires the Commissioner of Social Security to provide the Internal Revenue Service with information on social security account numbers granted to aliens under the deferred action from removal program. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a limitation on certain aliens from claiming the earned income tax credit."} | 1,031 | 89 | 0.548089 | 1.272235 | 0.217217 | 2.075949 | 11.78481 | 0.835443 |
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Video Game Rating
Act of 1994''.
(b) Purpose.--The purpose of this Act is to provide parents with
information about the nature of video games which are used in homes or
public areas, including arcades or family entertainment centers.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the terms ``video games'' and ``video devices'' mean
any interactive computer game, including all software,
framework and hardware necessary to operate a game, placed in
interstate commerce; and
(2) the term ``video game industry'' means all
manufacturers of video games and related products.
SEC. 3. THE INTERACTIVE ENTERTAINMENT RATING COMMISSION.
(a) Establishment.--There is established the Interactive
Entertainment Rating Commission (hereafter in this Act referred to as
the ``Commission'') which shall be an independent establishment in the
executive branch as defined under section 104 of title 5, United States
Code.
(b) Members of the Commission.--(1)(A) The Commission shall be
composed of 5 members. No more than 3 members shall be affiliated with
any 1 political party.
(B) The members shall be appointed by the President, by and with
the advice and consent of the Senate. The President shall designate 1
member as the Chairman of the Commission.
(2) All members shall be appointed within 60 days after the date of
the enactment of this Act.
(c) Terms.--Each member shall serve until the termination of the
Commission.
(d) Vacancies.--A vacancy on the Commission shall be filled in the
same manner as the original appointment.
(e) Compensation of Members.--(1) Section 5314 of title 5, United
States Code, is amended by adding at the end thereof the following new
item:
``Chairman, Interactive Entertainment Rating Commission.''.
(2) Section 5315 of title 5, United States Code, is amended by
adding at the end thereof the following new item:
``Members, Interactive Entertainment Rating Commission.''.
(3) The amendments made by this subsection are repealed effective
on the date of termination of the Commission.
(f) Staff.--(1) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Commission to perform its duties. The
employment of an executive director shall be subject to confirmation by
the Commission.
(2) The Chairman of the Commission may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(g) Consultants.--The Commission may procure by contract, to the
extent funds are available, the temporary or intermittent services of
experts or consultants under section 3109 of title 5, United States
Code. The Commission shall give public notice of any such contract
before entering into such contract.
(h) Funding.--There are authorized to be appropriated to the
Commission such sums as are necessary to enable the Commission to carry
out its duties under this Act, such sums to remain available until
December 31, 1996.
(i) Termination.--The Commission shall terminate on the earlier
of--
(1) December 31, 1996; or
(2) 90 days after the Commission submits a written
determination to the President that voluntary standards are
established that are adequate to warn purchasers of the violent
or sexually explicit content of video games.
SEC. 4. AUTHORITY AND FUNCTIONS OF THE COMMISSION.
(a) Voluntary Standards.--(1) The Commission shall--
(A) during the 1-year period beginning on the date of the
enactment of this Act, and to the greatest extent practicable,
coordinate with the video game industry in the development of a
voluntary system for providing information concerning the
contents of video games to purchasers and users; and
(B) 1 year after the date of enactment of this Act--
(i) evaluate whether any voluntary standards
proposed by the video game industry are adequate to
warn purchasers and users about the violence or
sexually explicit content of video games; and
(ii) determine whether the voluntary industry
response is sufficient to adequately warn parents and
users of the violence or sex content of video games.
(2) If before the end of the 1-year period beginning on the date of
the enactment of this Act, the Commission makes a determination of
adequate industry response under paragraph (1)(B)(ii) and a
determination that sufficient voluntary standards are established, the
Commission shall--
(A) submit a report of such determinations and the reasons
therefor to the President and the Congress; and
(B) terminate in accordance with section 3(i)(2).
(b) Regulatory Authority.--Effective on and after the date
occurring 1 year after the date of the enactment of this Act the
Commission may promulgate regulations requiring manufacturers and
sellers of video games to provide adequate information relating to
violence or sexually explicit content of such video games to purchasers
and users.
SEC. 5. ANTITRUST EXEMPTION.
The antitrust laws as defined in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 45) and the law of unfair
competition under section 5 of the Federal Trade Commission Act (15
U.S.C. 45) shall not apply to any joint discussion, consideration,
review, action, or agreement by or among persons in the video game
industry for the purpose of, and limited to, developing and
disseminating voluntary guidelines designed to provide appropriate
information regarding the sex or violence content of video games to
purchasers of video games at the point of sale or initial use or other
users of such video games. The exemption provided for in this
subsection shall not apply to any joint discussion, consideration,
review, action, or agreement which results in a boycott of any person. | Video Game Rating Act of 1994 - Establishes the Interactive Entertainment Rating Commission to: (1) coordinate with the video game industry in the development of a voluntary standard for providing information to purchasers and users concerning the contents of video games; (2) evaluate whether any standards proposed are adequate to warn purchasers and users of the violent or sexually explicit content of such games; and (3) report to the President and the Congress regarding the adequacy of the industry's response.
Provides Commission funding through December 31, 1996. Terminates the Commission on the earlier of such date or 90 days after submission of its report.
Provides an antitrust exemption for any actions taken by the video game industry in developing such guidelines. | {"src": "billsum_train", "title": "Video Game Rating Act of 1994"} | 1,350 | 146 | 0.562458 | 1.526353 | 0.692215 | 3.428571 | 9.042857 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability Waiting
Period Repeal Act of 2001''.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY.
(a) Disability Insurance Benefits.--
(1) In general.--The first sentence of section 223(a)(1) of
the Social Security Act (42 U.S.C. 423(a)(1)) is amended by
striking ``(i) for each month'' and all that follows through
``the first month in which he is under such disability'' and
inserting the following: ``for each month beginning with the
first month during all of which such individual is under a
disability and in which such individual becomes so entitled to
such insurance benefits''.
(2) Waiting period eliminated from determination of benefit
amount.--
(A) In general.--The first sentence of section
223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended
by striking ``in--'' and all that follows through ``and
as though'' and inserting the following: ``in the first
month for which such individual becomes entitled to
such disability insurance benefits, and as though''.
(B) Conforming amendment.--The second sentence of
section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is
amended by striking ``subparagraph (A) or (B) of such
sentence, as the case may be'' and inserting ``such
sentence''.
(3) Elimination of defined term.--
(A) In general.--Section 223(c)(2) of such Act is
repealed.
(B) Conforming amendments.--
(i) The heading of section 223(c) of such
Act (42 U.S.C. 423(c)) is amended to read as
follows: ``Definition of Insured Status''.
(ii) Section 223(c)(1) of such Act (42
U.S.C. 423(c)(1)) is amended by striking ``For
purposes of subparagraph (B) of this paragraph,
when the number of quarters'' in the last
sentence and inserting the following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(e)(1)(F) of such Act (42
U.S.C. 402(e)(1)(F)) is amended to read as follows:
``(F) if she satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(e) of such
Act (42 U.S.C. 402(e)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (5), (6), (7), and (8), respectively.
(c) Widower's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(f)(1)(F) of such Act (42
U.S.C. 402(f)(1)(F)) is amended to read as follows:
``(F) if he satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(f) of such
Act (42 U.S.C. 402(f)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8), and (9)
as paragraphs (6), (7), and (8), respectively.
(d) Elimination of Waiting Period for Commencement of Periods of
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A))
is amended by striking ``, but only'' and all that follows and
inserting a period.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months after the third month
following the month in which this Act is enacted. The amendments made
by subsections (b) and (c) of section 2 of this Act shall apply only
with respect to benefits based on disability under subsection (e) or
(f) of section 202 of the Social Security Act (42 U.S.C. 402) for
months after the third month following the month in which this Act is
enacted. The amendment made by subsection (d) of section 2 of this Act
shall apply only with respect to applications for disability
determinations filed under title II of the Social Security Act on or
after the 90th day following the date of the enactment of this Act. | Social Security Disability Waiting Period Repeal Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to eliminate the 5-month waiting period which is presently required in order for an individual to be eligible for benefits based on disability or for the disability freeze."} | 1,256 | 77 | 0.510449 | 1.153374 | 0.405705 | 2.360656 | 16.622951 | 0.819672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Royalties Too Act of
2014''.
SEC. 2. DEFINITIONS.
Section 101 of title 17, United States Code, is amended--
(1) by inserting after the definition of ``architectural
work'' the following:
``An `auction' means a public sale at which a work of
visual art is sold to the highest bidder and which is run by an
entity that sold not less than $1,000,000 of works of visual
art during the previous year.'';
(2) by inserting after the definition of ``Pictorial,
graphic, and sculptural works'' the following:
``For purposes of section 106(b), `price' means the
aggregate of all installments paid in cash or in-kind by or on
behalf of a purchaser for a work of visual art as the result of
the auction of that work.'';
(3) by inserting after the definition of ``registration''
the following:
``For purposes of sections 106(b) and 701(b)(5), `sale'
means transfer of ownership or physical possession of a work of
visual art as the result of the auction of that work.''; and
(4) in the definition of ``work of visual art'', by
striking ``A `work of visual art' is--'' and all that follows
through ``by the author.'' and inserting the following: ``A
`work of visual art' is a painting, drawing, print, sculpture,
or photograph, existing either in the original embodiment or in
a limited edition of 200 copies or fewer that bear the
signature or other identifying mark of the author and are
consecutively numbered by the author, or, in the case of a
sculpture, in multiple cast, carved, or fabricated sculptures
of 200 or fewer that are consecutively numbered by the author
and bear the signature or other identifying mark of the
author.''.
SEC. 3. EXCLUSIVE RIGHTS.
Section 106 of title 17, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Subject to
sections 107 through 122'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) in the case of a work of visual art, to collect a
royalty for the work if the work is sold by a person other than
the author of the work for a price of not less than $5,000 as
the result of an auction.
``(b) Collection of Royalty.--
``(1) In general.--The collection of a royalty under
subsection (a)(7) shall be conducted in accordance with this
subsection.
``(2) Calculation of royalty.--
``(A) In general.--The royalty shall be an amount
equal to the lesser of--
``(i) 5 percent of the price paid for the
work of visual art; or
``(ii) $35,000.
``(B) Adjustment of amount.--In 2015 and each year
thereafter, the dollar amount described in subparagraph
(A)(ii) shall be increased by an amount equal to the
product of--
``(i) that dollar amount; and
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) of the
Internal Revenue Code of 1986 for the year,
determined by substituting `calender year 2015'
for `calendar year 1992' in subparagraph (B)
thereof.
``(3) Collection of royalty.--
``(A) Collection.--Not later than 90 days after the
date on which the auction occurs, the entity that
conducts the auction shall--
``(i) collect the royalty; and
``(ii) pay the royalty to a visual artists'
copyright collecting society.
``(B) Distribution.--Not fewer than 4 times each
year, the visual artists' copyright collecting society
shall distribute to the author or his or her successor
as copyright owner an amount equal to the difference
between--
``(i) the net royalty attributable to the
sales of the author; and
``(ii) the reasonable administrative
expenses of the collecting society as
determined by regulations issued under section
701(b)(5).
``(4) Failure to pay royalty.--Failure to pay a royalty
provided for under this subsection shall--
``(A) constitute an infringement of copyright; and
``(B) be subject to--
``(i) the payment of statutory damages
under section 504(c); and
``(ii) liability for payment of the full
royalty due.
``(5) Right to collect royalty.--The right to collect a
royalty under this subsection may not be sold, assigned, or
waived except as provided in section 201.
``(6) Eligibility to receive royalty payment.--The royalty
shall be paid to--
``(A) any author of a work of visual art--
``(i) who is a citizen of or domiciled in
the United States;
``(ii) who is a citizen of or domiciled in
a country that provides resale royalty rights;
or
``(iii) whose work of visual art is first
created in the United States or in a country
that provides resale royalty rights; or
``(B) the successor as copyright owner of an author
described in subparagraph (A).''.
SEC. 4. NOTICE OF COPYRIGHT.
Section 401 of title 17, United States Code, is amended by adding
at the end the following:
``(e) Non-Applicability to Works of Visual Art.--The provisions of
this section shall not apply to a work of visual art.''.
SEC. 5. COPYRIGHT OFFICE.
Section 701(b) of title 17, United States Code, is amended by--
(1) redesignating paragraph (5) as paragraph (6); and
(2) inserting after paragraph (4) the following:
``(5) Issue regulations governing visual artists' copyright
collecting societies described in section 106, that--
``(A) establish a process by which an entity is
determined to be and designated as a visual artists'
copyright collecting society, that--
``(i) requires that a visual artists'
copyright collecting society authorized to
administer royalty collections and
distributions under this title shall--
``(I) have prior experience in
licensing the copyrights of authors of
works of visual art in the United
States; or
``(II) have been authorized by not
fewer than 10,000 authors of works of
visual art, either directly or through
reciprocal agreements with foreign
collecting societies, to license the
rights granted under section 106; and
``(ii) prohibits an entity from being
designated as a visual artists' copyright
collecting society if, during a period of not
less than 5 years that begins after the date on
which the entity is designated as a visual
artists' copyright collecting society, the
entity does not distribute directly to each
author, or to the successor as copyright owner
of each author, the amount of the royalties
required to be distributed under section
106(b)(3)(B);
``(B) determine a reasonable amount of
administrative expenses that a visual artists'
copyright collecting society may deduct from the
royalties payable to an author of a work of visual art
under section 106(b)(3); and
``(C) establish a process by which--
``(i) not less frequently than annually, a
visual artists' copyright collecting society
may request from any entity that conducts
auctions a list of each work of visual art sold
in those auctions that is by an author
represented by the collecting society; and
``(ii) an author of a work of visual art
may obtain from a visual artists' copyright
collecting society any information requested by
the collecting society under clause (i) that
relates to a sale of a work of visual art by
the author, including the amount of any royalty
paid to the collecting society on behalf of the
author.''.
SEC. 6. STUDY REQUIRED.
Not later than 5 years after the date of enactment of this Act, the
Register of Copyrights shall--
(1) conduct a study on--
(A) the effects, if any, of the implementation of
this Act, and the amendments made by this Act, on the
art market in the United States; and
(B) whether the provisions of this Act, and the
amendments made by this Act, should be expanded to
cover dealers, galleries, or other professionals
engaged in the sale of works of visual art; and
(2) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the study described in paragraph
(1), including any recommendations for legislation.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 1 year after the date of enactment of this Act. | American Royalties Too Act of 2014 - Expands copyright owners' exclusive rights, in the case of a work of visual art, to include the right to collect or authorize the collection of a royalty if the work is sold by a person other than the author for at least $5,000 in an auction. Defines "auction" as a public sale of visual art to the highest bidder run by an entity that sold at least $1 million of works of visual art during the previous year. Revises the term "work of visual art" to make requirements for photographs consistent with requirements for paintings, drawings, and prints. (Currently, a photograph must be a still photographic image produced for exhibition purposes only.) Limits the amount of such a royalty to the lesser of: (1) 5% of the purchase price; or (2) $35,000, subject to cost-of-living adjustments. Directs entities conducting such auctions to collect and pay the royalties to a visual artists' copyright collecting society. Requires the collecting society, at least four times each year, to distribute the appropriate royalties (minus administrative expenses) to authors or successor copyright owners. Requires an author of a work of visual art, in order to be eligible to receive such a royalty, to: (1) be a citizen of, or domiciled in, the United States or a country that provides resale royalty rights; or (2) have first created the work in the United States or a country that provides such royalty rights. Establishes a copyright infringement offense for the failure to pay such a royalty. Subjects infringers to: (1) statutory damages, and (2) liability for the full royalty. Prohibits the sale, assignment, or waiver of the right to collect such a royalty, subject to exceptions for works made for hire and transfers of copyright ownership. Directs the Register of Copyrights to issue regulations governing visual artists' copyright collecting societies. | {"src": "billsum_train", "title": "American Royalties Too Act of 2014"} | 2,065 | 435 | 0.598092 | 1.976193 | 0.679573 | 2.609043 | 5.156915 | 0.832447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educating Tomorrow's Engineers
Act''.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
PART A--ENGINEERING STANDARDS AND ASSESSMENTS
SEC. 111. ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY.
Section 1111(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(G) Integration of engineering skills and
practices into science standards.--By not later than
the 2016-2017 school year, each State plan shall
demonstrate that the State has incorporated engineering
design skills and practice into the State science
challenging academic content standards and student
academic achievement standards that are required under
this paragraph.''; and
(2) in paragraph (3)(C)(v)(II), by inserting ``(including,
beginning not later than the 2016-2017 school year, engineering
design skills and practices)'' after ``science''.
SEC. 112. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
Section 6111(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7301(1)) is amended by inserting ``, including the
integration of engineering concepts into science assessments,'' before
``and standards''.
PART B--PROFESSIONAL DEVELOPMENT AND INSTRUCTIONAL MATERIALS
SEC. 121. TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND.
Section 2113 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6613) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``95'' and
inserting ``85'';
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) reserve 10 percent of the funds made available
through the grant to make subgrants in accordance with
subsection (e); and'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) STEM Professional Development and Instructional Materials
Grants.--A State educational agency that receives a grant under this
part shall use the funds described in subsection (a)(3) to award
grants, on a competitive basis, to nonprofit organizations, and other
entities, with expertise and a demonstrated record of success in STEM
fields to enable such organizations and entities to develop and provide
professional development and instructional materials for STEM in the
State.''.
SEC. 122. STEM PARTNERSHIPS.
Part B of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6661 et seq.) is amended--
(1) in the part heading, by striking ``mathematics and
science partnerships'' and inserting ``stem partnerships'';
(2) in section 2201--
(A) by striking ``mathematics and science'' each
place the term appears and inserting ``STEM''; and
(B) in subsection (a)(4), by striking
``engineering, mathematics, and science'' and inserting
``STEM'';
(3) in section 2202--
(A) in the section heading, by striking
``mathematics and science'' and inserting ``stem'';
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking
``mathematics and science'' and inserting
``STEM'';
(ii) in subparagraph (B), by striking
``student academic achievement in mathematics
and science'' and inserting ``student academic
achievement in STEM''; and
(iii) in subparagraph (C), by striking
``mathematics and science'' and inserting
``STEM''; and
(C) in subsection (c)--
(i) in each of paragraphs (1) and (2), by
striking ``mathematics and science'' and
inserting ``STEM'';
(ii) in paragraph (3), in the matter
preceding subparagraph (A), by striking
``mathematics and science'' each place the term
appears and inserting ``STEM'';
(iii) in paragraph (4)--
(I) in the matter preceding
subparagraph (A), by striking
``mathematics, engineering, and science
majors'' and inserting ``individuals
with a baccalaureate degree in a STEM
field'';
(II) in each of subparagraphs (A)
and (C), by striking ``mathematics,
engineering, or science'' each place
the term appears and inserting ``a STEM
field'';
(III) in subparagraph (B), by
striking ``mathematics and science''
and inserting ``STEM''; and
(IV) in subparagraph (D), by
striking ``mathematics, engineering, or
science backgrounds'' and inserting
``backgrounds in STEM fields'';
(iv) in paragraph (5), by striking
``mathematics and science curricula'' each
place the term appears and inserting ``STEM
curricula'';
(v) in paragraph (6), by striking
``mathematics and science'' and inserting
``STEM'';
(vi) in paragraph (7), by striking
``mathematics or science'' each place the term
appears and inserting ``STEM'';
(vii) in paragraph (8)--
(I) by striking ``mathematics and
science'' and inserting ``STEM'';
(II) by striking ``and engineers''
and inserting ``engineers, and other
professionals in STEM fields''; and
(III) by striking ``science and
mathematics'' and inserting ``STEM'';
(viii) in paragraph (9), by striking
``mathematics and science'' and inserting
``STEM''; and
(ix) in paragraph (10)--
(I) by striking ``mathematics and
science teachers'' and inserting ``STEM
teachers''; and
(II) by striking ``mathematics and
science careers (including engineering
and technology)'' and inserting
``careers in STEM fields'';
(D) in subsection (d)(2), by striking ``mathematics
and science teaching'' and inserting ``STEM teaching'';
and
(E) in subsection (e)(2)--
(i) in subparagraph (A), by striking
``mathematics and science'' and inserting
``STEM'';
(ii) in subparagraph (B), by inserting
``and a strategy for integrating engineering
into the science assessments in accordance with
section 1111(b)(3)'' before the semicolon at
the end; and
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``mathematics and science'' and
inserting ``STEM'';
(II) in clause (ii), by striking
``in mathematics, engineering, or the
sciences'' and inserting ``in a STEM
field''; and
(III) in clause (iii)--
(aa) by striking
``mathematics and science'' and
inserting ``STEM subjects'';
and
(bb) by striking
``mathematics, engineering, and
science'' and inserting ``a
STEM field''.
PART C--AFTER SCHOOL PROGRAMS
SEC. 131. 21ST CENTURY LEARNING CENTERS.
Section 4205(a)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7175(a)(2)) is amended by striking ``mathematics and
science'' and inserting ``STEM''.
PART D--RURAL EDUCATION
SEC. 141. RURAL AND LOW-INCOME SCHOOL PROGRAM.
Section 6222(a)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6351a(a)(2)) is amended by inserting ``and professional
development in the area of engineering education'' before the period at
the end.
PART E--GENERAL PROVISIONS
SEC. 151. DEFINITIONS.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (37) through (43) as
paragraphs (38) through (44), respectively; and
(2) by inserting after paragraph (37) the following:
``(38) STEM.--The term `STEM' means--
``(A) science, technology, engineering, and
mathematics; and
``(B) other academic subjects that build on the
subjects described in subparagraph (A), such as
computer science.''.
TITLE II--AMENDMENTS TO THE EDUCATION SCIENCE REFORM ACT OF 2002
SEC. 201. NATIONAL CENTER FOR EDUCATION RESEARCH.
The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.)
is amended--
(1) in section 131(b)(1)(C) (20 U.S.C. 9531(b)(1)(C)), by
striking ``mathematics, science,'' and inserting ``STEM (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)),''; and
(2) in section 133(a)(11) (20 U.S.C. 9533(a)(11)) by
striking ``mathematics and science'' and inserting ``STEM (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801))''.
SEC. 202. RESEARCH ON ENGINEERING EDUCATION.
(a) In General.--The Secretary of Education, acting through the
Director of the Institute of Education Sciences, shall support,
directly or through grants or contracts, research on engineering
education, including studies and evaluations that--
(1) identify and assess how science inquiry and
mathematical reasoning can be connected to engineering design
in kindergarten through grade 12 curricula and teacher
professional development;
(2) identify best practices and promising innovations in
the field of kindergarten through grade 12 engineering
education; and
(3) include any other information or assessments the
Secretary of Education may require.
(b) Dissemination.--The Secretary of Education shall, based on the
results of the research described in subsection (a), disseminate
information and analysis to the public, and provide technical
assistance to State educational agencies, on best practices and
promising innovations in the field of kindergarten through grade 12
engineering education.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2014 through 2018. | Educating Tomorrow's Engineers Act - Amends the Elementary and Secondary Education Act of 1965 to require states to incorporate engineering design skills and practices into their academic content standards and academic achievement standards and assessments in science by the 2016-2017 school year. Requires states to reserve 10% of the grant they receive under the Teacher and Principal Training and Recruiting Fund program to award competitive grants to nonprofit organizations and other entities with expertise in the science, technology, engineering, and mathematics (STEM) fields to develop and provide professional development and instructional materials for STEM education in their state. Changes current references to the mathematics and science partnerships program to references to the STEM partnerships program, which provides funding to states, institutions of higher education, and high-need local educational agencies (LEAs) to recruit and train STEM teachers and improve STEM curricula. Amends the 21st century community learning centers program to include STEM activities (currently, mathematics and science activities) within the before- and after-school activities funded under that program. Amends the rural and low-income school program to include professional development in engineering education among the uses of the funds provided to rural LEAs. Amends the Education Sciences Reform Act of 2002 to require the National Center for Education Research to sponsor and conduct research geared toward improving STEM, rather than just mathematics and science, teaching and learning. Directs the Secretary of Education to support research on engineering education and use that research to provide information to the public, and technical assistance to states, on best practices and promising innovations in kindergarten through grade 12 engineering education. | {"src": "billsum_train", "title": "Educating Tomorrow's Engineers Act"} | 2,629 | 332 | 0.601866 | 1.681844 | 0.873626 | 2.561873 | 7.371237 | 0.83612 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everglades National Park Boundary
Adjustment Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Tarpon Basin property proposed for acquisition by
the Secretary (acting through the Director of the National Park
Service) contains habitat for--
(A) the wood stork and the West Indian manatee,
each of which is listed as an endangered species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(B) the roseate spoonbill and the white-crowned
pigeon, each of which is listed as a threatened species
by the Florida Game and Fresh Water Fish Commission;
(2) the Tarpon Basin property also includes approximately
10 acres of subtropical hardwood hammock, a habitat found only
in South Florida and the Florida Keys;
(3) more than 70 percent of the hardwood hammock in South
Key Largo has been lost to development; and
(4) vessel owners often anchor the vessels of the owners in
a saltwater pond--
(A) that is located within the Tarpon Basin
property; and
(B) to protect the vessels from tropical storms and
hurricanes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Hurricane hole.--The term ``Hurricane Hole'' means the
saltwater pond that--
(A) is located east of the Intracoastal Waterway as
the Waterway passes through Dusenbury Creek; and
(B) has been used historically to moor sailboats
during tropical storms and hurricanes.
(2) Map.--The term ``map'' means the map entitled
``Proposed Tarpon Basin Boundary Revision'' and dated April 14,
2003.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tarpon basin property.--The term ``Tarpon Basin
property'' means the land that--
(A) is comprised of approximately 600 acres of land
and water surrounding Tarpon Basin, as generally
depicted on the map; and
(B) is located in South Key Largo.
SEC. 4. BOUNDARY REVISION.
(a) Boundary Revision.--The boundary of the Everglades National
Park is adjusted to include the Tarpon Basin property.
(b) Acquisition Authority.--
(1) In general.--In accordance with paragraph (2), the
Secretary may acquire, through a voluntary donation, sale, or
exchange, any land or interest in land that is located in the
Tarpon Basin property.
(2) Requirement relating to sales.--With respect to a sale
to acquire any land or interest in land under paragraph (1)
that is located in the Tarpon Basin property, the Secretary may
only use donated or appropriated funds.
(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) Administration.--The Secretary shall administer each land and
water added to the Everglades National Park by subsection (a), or
through a voluntary donation, sale, or exchange under subsection (b)--
(1) as part of the Everglades National Park; and
(2) in accordance with applicable laws (including
regulations).
SEC. 5. USE OF HURRICANE HOLE.
(a) Authority To Issue Permits.--The Secretary may issue a permit
to any owner of a sailing vessel who, before the date of enactment of
this Act, had secured the sailing vessel of the owner in Hurricane Hole
to protect the sailing vessel from a tropical storm or hurricane.
(b) Eligibility.--
(1) Evidence of prior use.--To be eligible to receive a
permit under subsection (a), an owner of a sailing vessel shall
provide to the Secretary evidence that the Secretary determines
to be sufficient to establish that the owner of the sailing
vessel had, before the date of enactment of this Act, secured
the sailing vessel of the owner in Hurricane Hole to protect
the vessel from a tropical storm or hurricane.
(2) Indemnity requirement.--To be eligible to receive a
permit under subsection (a), an owner of a sailing vessel shall
agree to hold the United States harmless, and to indemnify the
United States from any claim or damage that may arise from any
activity conducted under the permit (including damage to the
sailing vessel that is the subject of the permit).
(c) Conditions of Permit.--
(1) Sailing vessels.--A permit issued under subsection (a)
shall be valid only for a sailing vessel.
(2) Transferability.--A permit issued under subsection (a)
shall not be transferrable.
(3) Expiration.--A permit issued under subsection (a) shall
expire on the date of the death of the holder of the permit.
(d) Protection of Resources.--
(1) Authority of secretary.--The Secretary may include in a
permit issued under subsection (a) any term or condition that
the Secretary determines to be necessary--
(A) to protect the resources of the Everglades
National Park; and
(B) to ensure the safety of the public at the
Everglades National Park.
(2) Bond.--To accomplish each goal described in paragraph
(1), the Secretary may require each holder of a permit issued
under subsection (a) to post a bond.
(e) Fees.--The Secretary may charge a fee to recover the cost of
issuing, and monitoring the compliance of, the permits under subsection
(a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Everglades National Park Boundary Adjustment Act of 2008 - Adjusts the boundary of the Everglades National Park in Florida to include the Tarpon Basin property comprising approximately 600 acres of land and water surrounding Tarpon Basin and located in South Key Largo.
Authorizes the Secretary of the Interior to acquire through a voluntary donation, sale, or exchange any land or interest in the Tarpon Basin property.
Requires the lands and waters added to the Park by this Act to be administered as part of the Park.
Authorizes the Secretary to issue a permit to any owner of a sailing vessel who had secured the sailing vessel in Hurricane Hole to protect it from a tropical storm or hurricane.
Allows the inclusion in such a permit of any term or condition determined necessary to protect the Park's resources and to ensure the safety of the public in the Park. | {"src": "billsum_train", "title": "To adjust the boundary of the Everglades National Park, and for other purposes."} | 1,276 | 191 | 0.587673 | 1.680941 | 0.734301 | 4.06875 | 7.06875 | 0.91875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Marine Shipping Assessment
Implementation Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The Arctic Ocean and adjacent seas are becoming
increasingly accessible to shipping, due to thinning ice cover,
technological improvements allowing greater efficiencies in the
operation of ice-breakers and ice-strengthened cargo and
passenger vessels, satellite support for navigation and real-
time ice-charting, and growing demand for Arctic tourism and
natural resources.
(2) It is in the interests of the United States to work
with the State of Alaska and our neighbors in the Arctic to
ensure that shipping in the Arctic Ocean and adjacent seas is
safe for mariners, protective of the natural environment,
including the air, land, water, and wildlife of the Arctic, and
mindful of the needs of longstanding subsistence users of
Arctic resources.
(3) It is further in the interests of the United States to
ensure that shipping in the Arctic Ocean and adjacent seas is
secure, and that United States sovereign and security
interests, including the rights of United States vessels to
innocent passage through international straits, are respected
and protected, that access is provided throughout the Arctic
Ocean for legitimate research vessels of all nations, and that
peaceful relations are maintained in the Arctic.
(4) It is further in the interests of the United States to
see that a system of international cooperation is established
to support reliable shipping, with methods for joint investment
in providing mariners aids to navigation, ports of refuge,
vessel-to-shore communication, hydrographic mapping, and search
and rescue capability.
(5) For nearly 500 years, mariners and sea-faring nations
have sought national and global benefits from sea routes in the
Arctic similar to those provided now by the Panama and Suez
canals, but as those benefits may finally be realized, expanded
shipping will present risks to residents of the Arctic, and
coordinated shipping regulations are needed to protect United
States interests even from shipping that may occur in the
Arctic outside United States territorial waters.
(6) Proven models for international cooperation in
management of regional waterways exist, including United States
joint administration of the St. Lawrence Seaway with Canada,
and existing cooperation between the Coast Guard and its
Russian Federation counterpart for fisheries enforcement in the
Bering Sea and North Pacific regions.
(7) The United States has continuing research, security,
environmental, and commercial interests in the Arctic that rely
on the availability of icebreaker platforms of the Coast Guard.
The Polar Class icebreakers commissioned in the 1970s are in
need of replacement.
(8) Sovereign interests of the United States in the Arctic
Ocean and Bering Sea regions may grow with submission of a
United States claim for an extended continental shelf.
(9) Building new icebreakers, mustering international plans
for aids to navigation and other facilities, and establishing
coordinated shipping regulations and oil spill prevention and
response capability through international cooperation,
including the approval of the International Maritime
Organization, requires long lead times. Beginning those efforts
now, with the completion of an Arctic Marine Shipping
Assessment by the eight-nation Arctic Council, is essential to
protect United States interests given the extensive current use
of the Arctic Ocean and adjacent seas by vessels of many
nations.
SEC. 3. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.
(a) Purpose.--The purpose of this section is to ensure safe and
secure maritime shipping in the Arctic including the availability of
aids to navigation, vessel escorts, spill response capability, and
maritime search and rescue in the Arctic.
(b) International Maritime Organization Agreements.--To carry out
the purpose of this section, the Secretary of the department in which
the Coast Guard is operating is encouraged to enter into negotiations
through the International Maritime Organization to conclude and execute
agreements to promote coordinated action among the United States,
Russia, Canada, Iceland, Norway, and Denmark and other seafaring and
Arctic nations to ensure, in the Arctic--
(1) placement and maintenance of aids to navigation;
(2) appropriate marine safety, tug, and salvage
capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range vessel
tracking; and
(5) search and rescue.
(c) Coordination by Committee on the Maritime Transportation
System.--The Committee on the Maritime Transportation System
established under a directive of the President in the Ocean Action
Plan, issued December 17, 2004, shall coordinate the establishment of
domestic transportation policies in the Arctic necessary to carry out
the purpose of this section.
(d) Agreements and Contracts.--The Secretary of the department in
which the Coast Guard is operating may, subject to the availability of
appropriations, enter into cooperative agreements, contracts, or other
agreements with, or make grants to individuals and governments to carry
out the purpose of this section or any agreements established under
subsection (b).
(e) Icebreaking.--The Secretary of the department in which the
Coast Guard is operating shall promote safe maritime navigation by
means of icebreaking where needed to carry out the purposes of this
section.
(f) Demonstration Projects.--The Secretary of Transportation may
enter into cooperative agreements, contracts, or other agreements with,
or make grants to--
(1) individuals to conduct demonstration projects to reduce
emissions (including black carbon and other emissions that
could contribute to climate change) or discharges from vessels
operating in the Arctic; and
(2) maritime training institutions to train mariners for
ice navigation (including navigation in broken ice conditions)
and Arctic operations, including the prevention of discharges.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Secretary of the department in which the Coast
Guard is operating--
(A) $5,000,000 for each of fiscal years 2011
through 2015 for seasonal operations in the Arctic; and
(B) $10,000,000 for each of fiscal years 2012
through 2015 to carry out agreements established under
subsection (d); and
(2) to the Secretary of Transportation $5,000,000 for each
of fiscal years 2011 through 2015 to conduct demonstration
projects under subsection (f).
(h) Icebreakers.--
(1) Analyses.--Not later than 90 days after the date of
enactment of this Act or the date of completion of the ongoing
High Latitude Study to assess Arctic polar ice-breaking mission
requirements, whichever occurs later, the Commandant of the
Coast Guard shall--
(A) conduct a comparative cost-benefit analysis
of--
(i) extending the service life of the
existing fleet of icebreakers for operation by
the Coast Guard,
(ii) constructing new icebreakers for
operation by the Coast Guard, and
(iii) any combination of the activities
described in clauses (i) and (ii) that is
necessary for the Coast Guard to carry out the
Federal icebreaking missions of the United
States; and
(B) conduct an analysis of the impact on mission
capacity and the ability of the United States to
maintain a presence in the Arctic regions through the
year 2020 if recapitalization of the icebreaker fleet,
either by constructing new icebreakers or extending the
service life of the existing fleet of icebreakers, is
not fully funded.
(2) Reports to congress.--
(A) Not later than 90 days after the date of
enactment of this Act or the date of completion of the
ongoing High Latitude Study to assess Arctic ice-
breaking mission requirements, whichever occurs later,
the Commandant of the Coast Guard shall submit a report
containing the results of the study, together with
recommendations the Commandant deems appropriate under
section 93(a)(24) of title 14, United States Code, to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
(B) Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit
reports containing the results of the analyses required
under subparagraphs (A) and (B) of paragraph (1),
together with recommendations the Commandant deems
appropriate under section 93(a)(24) of title 14, United
States Code, to the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure.
SEC. 4. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN HIGH
LATITUDE REGIONS.
Within 270 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives assessing the need for
additional Coast Guard prevention and response capability in the high
latitude regions. The assessment shall address needs for all Coast
Guard mission areas, including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime commerce.
The Secretary shall include in the report--
(1) an assessment of the high latitude operating
capabilities of all current Coast Guard assets, including
assets acquired under the Deepwater program;
(2) an assessment of projected needs for Coast Guard
forward operating bases in the high latitude regions;
(3) an assessment of shore infrastructure, personnel,
logistics, communications, and resources requirements to
support Coast Guard forward operating bases in the high
latitude regions;
(4) an assessment of the need for high latitude icebreaking
capability and the capability of the current high latitude
icebreaking assets of the Coast Guard, including--
(A) whether the Coast Guard's high latitude
icebreaking fleet is meeting current mission
performance goals;
(B) whether the fleet is capable of meeting
projected mission performance goals; and
(C) an assessment of the material condition,
safety, and working conditions aboard high latitude
icebreaking assets, including the effect of those
conditions on mission performance;
(5) a detailed estimate of acquisition costs for each of
the assets (including shore infrastructure) necessary for
additional prevention and response capability in high latitude
regions for all Coast Guard mission areas, and an estimate of
operations and maintenance costs for such assets for the
initial 10-year period of operations; and
(6) detailed cost estimates (including operating and
maintenance for a period of 10 years) for high latitude
icebreaking capability to ensure current and projected future
mission performance goals are met, including estimates of the
costs to--
(A) renovate and modernize the Coast Guard's
existing high latitude icebreaking fleet; and
(B) replace the Coast Guard's existing high
latitude icebreaking fleet.
SEC. 5. ARCTIC DEFINITION.
In this Act the term ``Arctic'' has the same meaning as in section
112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). | Arctic Marine Shipping Assessment Implementation Act of 2010 - Encourages the Secretary of the department in which the Coast Guard is operating to enter into negotiations through the International Maritime Organization to execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, Denmark, and other seafaring and Arctic nations to ensure in the Arctic: (1) placement and maintenance of aids to navigation; (2) appropriate marine safety, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue.
Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out this Act.
Authorizes the Secretary to enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out this Act or any agreements.
Directs the Secretary to promote safe commercial maritime navigation by means of icebreaking where needed.
Authorizes the Secretary of Transportation to enter into agreements or contracts with or make grants to: (1) individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic; as well as (2) maritime training institutions to train mariners for ice navigation and Artic operations, including the prevention of discharges.
Directs the Commandant of the Coast Guard to analyze: (1) the costs and benefits of extending the service life of the existing fleet of icebreakers or of constructing new icebreakers for the Coast Guard; and (2) the impact on the U.S. ice-breaking mission and ability to maintain a presence in the Artic regions through 2020 if recapitalization of the icebreaker fleet is not fully funded.
Directs the Secretary to: (1) report to specified congressional committees on the results of the ongoing High Latitude Study to assess Arctic ice-breaking mission requirements; and (2) assess, and report to Congress on, the need for additional Coast Guard prevention and response capability in the high latitude regions. | {"src": "billsum_train", "title": "To ensure safe, secure, and reliable marine shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic, and for other purposes."} | 2,302 | 420 | 0.610642 | 2.026239 | 0.752605 | 5.481108 | 5.604534 | 0.962217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Nursing Facility Pay-for-
Performance Act of 2004''.
SEC. 2. ADDITIONAL MEDICARE PAYMENT FOR FACILITIES THAT REPORT
ADDITIONAL QUALITY DATA.
(a) Voluntary Reporting of Quality Measures and Adjustment in
Payment.--
(1) In general.--Section 1888 of the Social Security Act
(42 U.S.C. 1395yy) is amended by adding at the end the
following new subsection:
``(f) Voluntary Reporting of Quality Measures; Change in Payment
Based on Reported Quality Measures.--
``(1) Establishment of additional quality measures.--
``(A) In general.--Not later than 6 months after
the date of the enactment of this subsection, the
Secretary, through a contract with a qualified
independent party (such as the National Quality Forum)
identified by the Secretary, shall provide for the
identification of--
``(i) at least 10, and not more than 15,
quality measures for the performance of skilled
nursing facilities under this title; and
``(ii) the data to be reported, including
their collection and formatting, on a calendar
quarter basis for each such quality measure to
measure the performance of a skilled nursing
facility.
Such measures may be outcome or process measures. Such
measures shall be in addition to the 14 enhanced
measures published by the Secretary for such facilities
for use as of September 1, 2004.
``(B) Measure of staffing level.--The quality
measures identified under subparagraph (A) shall
include a measure of the level of facility staffing and
the mix of licensed staff at a facility.
``(C) Risk adjustment.--The values obtained for
quality measures identified under subparagraph (A),
including the existing 14 enhanced measures, shall be
appropriately risk adjusted as applied to individual
skilled nursing facilities in order to increase the
likelihood that any differences in such values reflect
differences in the care provided by the skilled nursing
facilities and not differences in the characteristics
of the residents in such facilities. Such risk
adjustment shall take into account resident
characteristics that are related to triggering a value
for a quality measure but are not reflective of
facility care processes. Risk adjustment approaches may
include, as appropriate--
``(i) excluding certain types of residents;
``(ii) stratifying residents into high-risk
and low-risk groups; or
``(iii) statistical adjustment (such as
regression analysis) that takes into
consideration multiple characteristics
(covariates) for each resident simultaneously
and adjusts the nursing facilities' quality
measure values for different resident
characteristics.
``(D) Small facilities.--
``(i) In general.--In selecting and
applying quality measures, there shall be taken
into account the circumstances of small skilled
nursing facilities.
``(ii) Definition.--For purposes of clause
(i), the term `small skilled nursing facility'
means a skilled nursing facility which had, in
most recent preceding cost reporting period,
fewer than 1,500 patient days with respect to
which payments were made under this title.
``(E) Annual evaluation.--The Secretary shall
provide for an annual process whereby the use of
particular quality measures are evaluated and, as
appropriate, adjusted in consultation with the National
Quality Forum.
``(F) Posting on website.--The Secretary shall
provide for the posting on its website, and the
publication at least annually, of the quality
performance of skilled nursing facilities as measured
through values reported under this subsection by such
facilities.
``(2) Adjustment in payment based on quality performance.--
``(A) In general.--For each fiscal year beginning
with fiscal year 2006, in the case of a skilled nursing
facility that reports data under paragraph (1) for the
data reporting period with respect to that fiscal year
(as defined in subparagraph (C)), the aggregate amount
of payment under this subsection shall be adjusted as
follows:
``(i) Increase of 2 percent for facilities
in top 10 percent in quality.--In the case of a
facility that, based on such data, has a
composite score for quality that is equal to or
exceeds such score for the baseline period (as
defined in subparagraph (D)) for the top 10
percent of skilled nursing facilities that have
reported such data for such baseline period,
such aggregate payment shall be increased by
such amount as reflects an increase in the
market basket percentage increase applied for
the fiscal year involved under subsection
(e)(4)(E)(ii)(V) by 2 percentage points.
``(ii) Increase of 1 percent for facilities
in next 10 percent in quality.--In the case of
a facility that, based on such data, has a
composite score for quality that exceeds such
score for the baseline period for the top 10
percent of skilled nursing facilities that have
reported such data for such baseline period,
but is equal to or exceeds such score for the
baseline period for the top 20 percent of such
skilled nursing facilities, such aggregate
payment shall be increased by such amount as
reflects an increase in the market basket
percentage increase applied for the fiscal year
involved under subsection (e)(4)(E)(ii)(V) by 1
percentage point.
``(iii) Quality threshold covering 80
percent of facilities.--For a baseline period,
the Secretary shall establish a quality
threshold score that covers 80 percent of the
skilled nursing facilities that have reported
such data for such baseline period.
``(iv) Decrease of 1 percent for facilities
below quality threshold.--In the case of a
fiscal year beginning with fiscal year 2007, in
the case of a facility that, based on such
data, has a composite score on quality measures
that is below the quality threshold score
established under clause (iii) for the baseline
period, the aggregate payment for the fiscal
year involved shall be decreased by such amount
as reflects a decrease in the market basket
percentage increase applied under subsection
(e)(4)(E)(ii)(V) by 1 percentage point.
``(v) Year by year determination.--Any
increase or decrease in payments to a skilled
nursing facility under the preceding provisions
of this subparagraph for a fiscal year shall
not affect or apply to payments to such
facility in any subsequent fiscal year.
``(B) Treatment of small facilities.--In the case
of a skilled nursing facility which because of its
small size is unable to submit data on one or more
quality measures--
``(i) the facility shall not be penalized
under this paragraph due to its non-reporting
of such data; and
``(ii) the composite rank or score shall be
based on the data so reported, with appropriate
adjustments so as to be comparable to other
facilities.
``(C) Data reporting period.--For purposes of
subparagraph (A), the term `data reporting period'
means, with respect to--
``(i) fiscal year 2006, such period of
calendar quarters in fiscal year 2005 as the
Secretary shall specify, which, to the extent
feasible, shall be a period of at least 2
calendar quarters; or
``(ii) a subsequent fiscal year, the period
of 4 consecutive calendar quarters ending on
the June 30 preceding the fiscal year.
``(D) Baseline period.--For purposes of
subparagraph (A), the term `baseline period' means,
with respect to--
``(i) fiscal year 2006, the period of
calendar quarters specified under subparagraph
(C)(i); or
``(ii) a subsequent fiscal year, the period
of 4-calendar-quarters ending on June 30,
2006.''.
(2) Limiting market basket increases to facilities that
voluntarily report information.--Subsection (e)(4)(E)(ii) of
such section is amended--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by inserting ``before the
first fiscal year in which the reporting of quality
measures is in effect under subsection (f)(1)'' after
``each subsequent fiscal year'' and by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
subclause:by inserting before the period at the end the
following:
``(V) for each subsequent year, the
rate computed for the previous fiscal
year increased, in the case of a
skilled nursing facility that reports
data under subsection (f)(1) for the
fiscal year, by the skilled nursing
facility market basket percentage for
the fiscal year involved.''.
(b) Using Fiscal Year 2005 Payment Rates as a Floor for Subsequent
Updates.--
(1) In general.--Subsection (e)(4)(E)(ii)(IV) and
subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of
such section is amended by inserting ``(taking into account,
with respect to a previous fiscal year that was fiscal year
2005, all add-ons to such rate that were applicable in such
fiscal year as well as market basket adjustments made in
subsequent fiscal years)'' after ``the rate computed for the
previous fiscal year''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to the computation of rates for fiscal years
beginning with fiscal year 2006.
SEC. 3. LONG-TERM CARE FINANCING COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Long-Term Care Financing Commission'' (in this section
referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 10 members
appointed by the Secretary of Health and Human Services.
(c) Duties.--
(1) Analyses.--The Commission shall conduct analyses of the
financing of long-term care, including the financing of nursing
facilities. Such analyses shall include an analysis of each of
the following:
(A) The adequacy of Medicaid program financing of
the long term care system.
(B) Medicare's cross-subsidization of long-term
care for Medicaid patients.
(C) Total industry margins in long-term care.
(D) Long-term demographic challenges.
(E) The impact of current trends, including
staffing shortages and litigation costs, on long-term
care spending.
(F) Different approaches to refinements in the per
diem RUG payment amounts and related payment
methodologies under section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e)) .
(2) Report.--The Commission shall submit to Congress an
annual report on its analyses. Each such report shall include
recommendations for such changes in financing of long-term care
as the Commission deems appropriate.
(d) Terms, Compensation, Chairman, Meetings, Staff, and Powers.--
The provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and
(e) of section 1805 of the Social Security Act (42 U.S.C. 1395b-6)
(relating to provisions for the Medicare Payment Advisory Commission)
shall apply to the Commission in the same manner as they apply to the
Medicare Payment Advisory Commission. | Medicare Nursing Facility Pay-for-Performance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services, through a contract with a qualified independent party (such as the National Quality Forum), to provide for identification of: (1) between ten and 15 quality measures for the performance of skilled nursing facilities under Medicare; and (2) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure.
Requires the values obtained for quality measures to be appropriately risk-adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the facilities and not differences in the characteristics of their residents.
Provides for: (1) adjusting payments for skilled nursing facilities based on quality performance, including an increase of two percent for facilities in the top ten percent in quality as well as a decrease of one percent for facilities below the quality threshold; (2) limiting market basket increases to facilities that voluntarily report information; and (3) using FY 2005 payment rates as a floor for subsequent updates.
Establishes the Long-Term Care Financing Commission to analyse and report to Congress on the financing of long-term care. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide incentives linking quality to payment for skilled nursing facilities and to establish a Long-Term Care Financing Commission."} | 2,490 | 278 | 0.692694 | 2.087722 | 0.825434 | 4.528958 | 8.888031 | 0.938224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island Preservation Act of
2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in August 1776, the fortifications at Governors Island,
New York, provided cover allowing George Washington's
Continental Army to escape a British onslaught during the
Battle of Long Island;
(2) the State of New York, for nominal consideration, ceded
control of Governors Island to the Federal Government in 1800
to provide for the defense of the United States;
(3) during the War of 1812, the combined firepower of
Castle Williams on Governors Island and the Southwest Battery
in Manhattan dissuaded the British from making a direct attack
on New York City, which was the largest city in and principal
seaport of the United States at the time;
(4) in 1901, 4,700,000 cubic yards of fill from the
excavation of the Lexington Avenue Subway in Manhattan were
deposited to increase the area of Governors Island from 90 to
172 acres;
(5) Governors Island played a significant role in the Civil
War, World War I, and World War II, and continued to serve the
United States Army through 1966;
(6) in 1958, the United States District Court for the
Southern District of New York formally ratified the long
possession of Governors Island by the United States through a
condemnation proceeding that required ``just compensation'' of
$1;
(7) in 1966, the Army relocated operations from Governors
Island, and the United States Coast Guard assumed control of
the Island, an action that established an integral component of
the Atlantic coast efforts of the Coast Guard for the following
30 years;
(8) the Admiral's House on Governors Island hosted the
final summit meeting between President Ronald W. Reagan and
Soviet Premier Mikhail S. Gorbachev in December 1988, where the
leaders presented each other with the Articles of Ratification
for the Intermediate Nuclear Forces Treaty;
(9) the Coast Guard ceased operations at Governors Island
in 1997, leaving 225 buildings unoccupied, unused, and exposed
to the harsh elements of New York Harbor;
(10) Castle Williams is named after Lieutenant Colonel
Jonathan Williams, who built the semi-circular ``cheesebox''
fort and later served as the first superintendent of West Point
Military Academy;
(11) the pentagonal Fort Jay, named after John Jay, is the
complement of Fort Wood on nearby Bedloe Island, which serves
as the base of the Statue of Liberty;
(12) in Presidential Proclamation No. 7402 of January 19,
2001, former President Clinton established the Governors Island
National Monument, consisting of Castle Williams and Fort Jay,
as depicted on the map entitled ``Governors Island National
Monument'' attached to the proclamation;
(13) more than 200 years of contributions to the history of
the United States could be lost if Governors Island were to
remain vacant or be sold to a private entity; and
(14) the State of New York and the city of New York have
agreed to a conceptual plan to be administered by the Governors
Island Redevelopment Corporation, a subsidiary of the Empire
State Development Corporation, that--
(A) offers what may be the only opportunity to
ensure--
(i) public access to Governors Island;
(ii) the preservation and protection of
historic structures on Governors Island for
future generations; and
(iii) the ability of local elected
officials, local community boards, and
community organizations to participate in the
redevelopment of Governors Island; and
(B) provides the public with educational,
recreational, and cultural opportunities.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the protection of historic military
structures on Governors Island in New York Harbor;
(2) to provide the general public with--
(A) access to Governors Island and the Governors
Island National Monument;
(B) access to open park space and recreational
resources;
(C) access to the majestic views of New York
Harbor; and
(D) opportunities that illustrate the significant
contributions of Governors Island to the history of the
United States;
(3) to return to the people of the State of New York
property that the State of New York conveyed to the Federal
Government, for nominal consideration, to provide for the
defense of the United States; and
(4) to ensure that the Secretary retains the rights
necessary to operate the Governors Island National Monument.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of New York.
(3) Corporation.--The term ``Corporation'' means Governors
Island Redevelopment Corporation, a subsidiary of the Empire
State Development Corporation governed by a board to be
appointed by the State and the City (or any successor entity).
(4) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(c).
(5) Monument.--The term ``Monument'' means the Governors
Island National Monument established by Presidential
Proclamation 7402 of January 19, 2001 (66 Fed. Reg. 7855).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New York.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) Transfer of Administrative Jurisdiction and Management.--
Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 670) or any other provision of law, not later
than 180 days after the date of enactment of this Act, the
Administrator shall transfer to the Secretary, for no consideration,
administrative jurisdiction over, and management of, the Monument.
(b) Administration.--
(1) In general.--The Monument shall be administered by the
Secretary in accordance with--
(A) this Act; and
(B) laws generally applicable to units of the
National Park System, including--
(i) the Act entitled ``An Act to establish
a National Park Service, and for
other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and
(ii) the Act entitled ``An Act to provide
for the preservation of historic American
sites, buildings, objects, and antiquities of
national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Cooperative agreements.--The Secretary, in consultation
with the Corporation, may consult, and enter into cooperative
agreements, with interested entities and individuals to provide
for the preservation, development, interpretation, and use of
the Monument.
(3) Interpretive services.--Subject to agreement of the
Corporation, the Secretary may provide interpretive services
and signage in the Governors Island National Historic Landmark
District.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in consultation with the Corporation and
other appropriate public and private entities, the Secretary
shall prepare a management plan for the Monument.
(2) Applicable law.--The Secretary shall prepare the
management plan in accordance with--
(A) section 12(b) of the Act entitled ``An Act to
improve the administration of the national park system
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-
7(b)); and
(B) other applicable law.
(3) Submission.--On completion of the management plan, the
Secretary shall submit the management plan to--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(d) Reservations.--
(1) Right of access.--As a condition of the conveyance
under section 5, the Administrator shall reserve the right of
access--
(A) for the Secretary to the Monument for the
preservation, maintenance, and public enjoyment of the
Monument; and
(B) for the Secretary of Transportation for the
operation and maintenance of aids to navigation located
on Governors Island.
(2) Utilities.--The provision of and access to utilities to
the Monument shall be a condition of the conveyance under
section 5--
(A) in accordance with the public service law of
the State; and
(B) subject to an agreement between the Secretary
and the Corporation.
(3) Maintenance facility.--As a condition of the conveyance
under section 5, the Administrator shall reserve for the
Secretary any buildings that the Secretary determines necessary
for the operation and maintenance of the Monument, subject to
an agreement between the Secretary and the Corporation.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out annual operation
and maintenance of the Monument.
SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.
(a) In General.--
(1) Conveyance.--Notwithstanding section 9101 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670)
or any other provision of law, and except as provided in
paragraphs (2) and (3), not later than 180 days after the date
of enactment of this Act, the Administrator shall convey to the
State of New York, for no consideration and for use consistent
with subsections (a)(14) and (b) of section 2, all right,
title, and interest of the United States in and to Governors
Island, to be administered by the Corporation.
(2) Limitation.--The conveyance under paragraph (1) shall
be subject to the rights of the Secretary described in section
4.
(3) Exclusion of monument.--The Monument shall not be
included in the conveyance under paragraph (1).
(b) Use and Redevelopment of Governors Island.--On completion of
the conveyance under subsection (a)(1), any use of the conveyed land
shall be consistent with subsections (a)(14) and (b) of section 2 and
in compliance with--
(1) the New York State Environmental Quality Review Act
(Sections 0101 through 0117 of the Environmental Conservation
Law of New York); and
(2) the document entitled ``Governors Island Preservation
and Design Manual''--
(A) developed by the Administrator in accordance
with--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(ii) applicable State and local historic
preservation law; and
(B) as approved by the Administrator, State, and
City. | Governors Island Preservation Act of 2001 - Directs the Administrator of General Services to: (1) transfer the administration and management of Governors Island National Monument to the Secretary of the Interior; and (2) convey Governors Island (with the exclusion of the Monument) to New York State.Requires: (1) the Secretary to submit a management plan for the Monument within three years; and (2) the Administrator to reserve access to the Monument for the Secretary for preservation, maintenance, and public enjoyment of such Monument and for the Secretary of Transportation for the operation and maintenance of aids to navigation located on Governors Island.Requires any use of the conveyed land of Governors Island to be consistent with specified public access, preservation, and operational objectives and to be in compliance with the New York State Environmental Quality Review Act and the Governors Island Preservation and Design Manual. | {"src": "billsum_train", "title": "A bill to convey certain Federal properties on Governors Island, New York."} | 2,346 | 178 | 0.423937 | 1.272013 | 0.601704 | 3.487952 | 13.26506 | 0.945783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Communities Assistance Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small communities are concerned about improving the
environmental quality of their surroundings;
(2) many small communities are uncertain of the specific
requirements of environmental regulations;
(3) the involvement of small communities in the development
of Federal environmental regulations often occurs late, if at
all, in the rulemaking process;
(4) small communities are often underrepresented in
processes used to review regulations proposed by the
Environmental Protection Agency;
(5) the limited scientific, technical, and professional
capacity of many small communities makes understanding
regulatory requirements very difficult;
(6) specific provisions in certain environmental laws pose
compliance problems for small communities; and
(7) the Small Town Environmental Planning Task Force,
established by section 109 of the Federal Facility Compliance
Act of 1992 (42 U.S.C. 6908) to examine the relationship
between the Environmental Protection Agency and small
communities, recommends additional efforts to improve the
services offered by the Environmental Protection Agency to
small communities.
SEC. 3. PURPOSE.
The purpose of this Act is to foster a healthy environment in which
people in small communities may enjoy a sustainable and continually
improving quality of life.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory committee.--The term ``advisory committee''
means the small community advisory committee established under
section 5.
(3) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(4) Small community.--The term ``small community'' means
any county, parish, borough, or incorporated or unincorporated
municipality, that has a population of fewer than 7,500
persons.
SEC. 5. SMALL COMMUNITY ADVISORY COMMITTEE.
(a) Establishment.--The Administrator shall establish a small
community advisory committee or reconstitute an existing small
community advisory committee.
(b) Membership.--The advisory committee shall be composed of
representatives of--
(1) small communities and unincorporated areas of the
United States, including at least 1 small community member from
each of the 10 Agency regions;
(2) Federal and State governmental agencies; and
(3) public interest groups.
(c) Duties.--The advisory committee shall--
(1) identify means to improve the working relationship
between the Agency and small communities;
(2) serve as a mechanism for involving small communities as
early as practicable in the process of developing environmental
regulations, guidance, and policies;
(3) provide periodic reports to Congress on the Agency's
success in meeting the needs of small communities; and
(4) provide such other assistance to the Administrator as
the Administrator considers appropriate.
SEC. 6. REGULATORY REVIEW PLAN.
The Administrator shall develop and implement a plan to increase
the involvement of small communities in the regulatory review processes
conducted under chapter 6 of title 5, United States Code (commonly
known as the ``Regulatory Flexibility Act of 1980''), the Small
Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-
121; 5 U.S.C. 601 note), and title II of the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1531 et seq.).
SEC. 7. REGIONAL OUTREACH TO SMALL COMMUNITIES.
(a) Small Town Ombudsman Office.--
(1) Establishment.--To complement work on small communities
at Agency headquarters, each regional office of the Agency
shall establish and staff a Small Town Ombudsman Office.
(2) Duties.--The primary responsibility of each regional
Small Town Ombudsman Office shall be to serve as--
(A) an advocate for small communities; and
(B) a facilitator for addressing small community
concerns and programs.
(3) Resources.--Using funds that are otherwise available to
the Agency, the Administrator shall provide the regional Small
Town Ombudsman Offices with such human and capital resources as
are sufficient for the offices to carry out their functions in
a timely and efficient manner.
(b) Consultation Process.--Each regional Small Town Ombudsman
Office shall establish a regular, on-going consultation process with
small communities in the region, such as by use of a focus group, stake
holder network, or advisory board, to--
(1) serve as a mechanism for involving small communities in
the process of implementing, creating, and informing the public
about environmental regulations, guidance, and policies; and
(2) provide such other assistance as the regional office
considers appropriate.
SEC. 8. SURVEY OF SMALL COMMUNITIES.
(a) In General.--Every 5 years, each regional Small Town Ombudsman
Office shall--
(1) conduct a survey of small communities; and
(2) publish the results of the survey.
(b) Purpose.--The purpose of the survey shall be to provide
information to the Agency and others for use in regulatory planning,
development, and outreach.
(c) Information.--The survey shall collect information on--
(1) information sources used by small communities to learn
of and implement environmental regulations;
(2) the presence of facilities and activities affecting
environmental quality in small communities;
(3) the financial instruments used by small communities to
fund the costs of environmentally related services;
(4) persons in small communities that may be contacted for
information on environmental compliance;
(5) specific topic areas of regulation particularly
relevant to small communities;
(6) innovative examples of how small communities have
complied with national, State, and local environmental
regulations in order to protect environmental and public
health; and
(7) any other topic that the Administrator considers
appropriate.
SEC. 9. GUIDE FOR SMALL COMMUNITIES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall produce and distribute
to small communities a guide to Federal environmental requirements for
small communities.
(b) Contents.--The guide shall--
(1) describe all mandated environmental requirements
applicable to small communities; and
(2) provide Federal, regional, and State contacts for all
such environmental requirements.
(c) Updating.--Not less frequently than annually, the Administrator
shall--
(1) review and update any parts of the guide that pertain
to requirements that have changed; and
(2) distribute guide amendments to small communities.
SEC. 10. FEEDBACK PLAN.
The Administrator shall develop and implement a plan for
periodically obtaining feedback from small communities on the
effectiveness of the Agency in--
(1) involving small communities in regulatory development
and implementation; and
(2) reaching out to small communities to provide
educational and other assistance.
SEC. 11. NO IMPOSITION OF COSTS ON SMALL COMMUNITIES.
The Administrator shall not impose on any small community any cost
incurred in carrying out this Act.
SEC. 12. REPORT.
Not later than the date that is 2 years after the date of enactment
of this Act, the Administrator shall submit to Congress a report
describing the regulatory review plan developed under section 6, the
feedback plan developed under section 10, and other activities
conducted in carrying out this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$5,000,000. | Small Communities Assistance Act of 2001 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a small community advisory committee or reconstitute an existing small community advisory committee.Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995.Directs each EPA regional office to establish a Small Town Ombudsman Office.Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities. | {"src": "billsum_train", "title": "To enhance the services provided by the Environmental Protection Agency to small communities that are attempting to comply with national, State, and local environmental regulations."} | 1,593 | 144 | 0.629906 | 1.645471 | 0.689731 | 5.365217 | 13.052174 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American innovation, and the protection of that
innovation by the government, has been a critical component of
the economic growth of this Nation throughout the history of
the Nation;
(2) copyright-based industries represent one of the most
valuable economic assets of this country, contributing over 5
percent of the gross domestic product of the United States and
creating significant job growth and tax revenues;
(3) the American intellectual property sector employs
approximately 4,300,000 people, representing over 3 percent of
total United States employment;
(4) the proliferation of organized criminal counterfeiting
enterprises threatens the economic growth of United States
copyright industries;
(5) the American intellectual property sector has invested
millions of dollars to develop highly sophisticated
authentication features that assist consumers and law
enforcement in distinguishing genuine intellectual property
products and packaging from counterfeits;
(6) in order to thwart these industry efforts,
counterfeiters traffic in, and tamper with, genuine
authentication features, for example, by obtaining genuine
authentication features through illicit means and then
commingling these features with counterfeit software or
packaging;
(7) Federal law does not provide adequate civil and
criminal remedies to combat tampering activities that directly
facilitate counterfeiting crimes; and
(8) in order to strengthen Federal enforcement against
counterfeiting of copyrighted works, Congress must enact
legislation that--
(A) prohibits trafficking in, and tampering with,
authentication features of copyrighted works; and
(B) permits aggrieved parties an appropriate civil
cause of action.
SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT AUTHENTICATION
FEATURES.
(a) In General.--Section 2318 of title 18, United States Code, is
amended--
(1) by striking the heading and inserting ``Trafficking in
counterfeit labels, illicit authentication features, or
counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in subsection
(c), knowingly traffics in--
``(1) a counterfeit label affixed to, or designed to be
affixed to--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging;
``(2) an illicit authentication feature affixed to or
embedded in, or designed to be affixed to or embedded in--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging; or
``(3) counterfeit documentation or packaging, shall be
fined under this title or imprisoned for not more than 5 years,
or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work'
have'' and inserting the following: ``,
`audiovisual work', and `copyright owner'
have''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `authentication feature' means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers or letters, or other physical feature that either
individually or in combination with another feature is used by
the respective copyright owner to verify that a phonorecord, a
copy of a computer program, a copy of a motion picture or other
audiovisual work, or documentation or packaging is not
counterfeit or otherwise infringing of any copyright;
``(5) the term `documentation or packaging' means
documentation or packaging for a phonorecord, copy of a
computer program, or copy of a motion picture or other
audiovisual work; and
``(6) the term `illicit authentication feature' means an
authentication feature, that--
``(A) without the authorization of the respective
copyright owner has been tampered with or altered so as
to facilitate the reproduction or distribution of--
``(i) a phonorecord;
``(ii) a copy of a computer program;
``(iii) a copy of a motion picture or other
audiovisual work; or
``(iv) documentation or packaging;
in violation of the rights of the copyright owner under
title 17;
``(B) is genuine, but has been distributed, or is
intended for distribution, without the authorization of
the respective copyright owner; or
``(C) appears to be genuine, but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) the counterfeit label or illicit authentication
feature is affixed to, is embedded in, or encloses, or is
designed to be affixed to, to be embedded in, or to enclose--
``(A) a phonorecord of a copyrighted sound
recording;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or
other audiovisual work; or
``(D) documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program'';
(5) in subsection (d)--
(A) by inserting ``or illicit authentication
features'' after ``counterfeit labels'' each place it
appears;
(B) by inserting ``or illicit authentication
features'' after ``such labels''; and
(C) by inserting before the period at the end the
following: ``, and of any equipment, device, or
materials used to manufacture, reproduce, or assemble
the counterfeit labels or illicit authentication
features''; and
(6) by adding at the end the following:
``(f) Civil Remedies for Violation.--
``(1) In general.--Any copyright owner who is injured by a
violation of this section or is threatened with injury, may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain violations of this
section;
``(B) at any time while the action is pending, may
order the impounding, on such terms as the court
determines to be reasonable, of any article that is in
the custody or control of the alleged violator and that
the court has reasonable cause to believe was involved
in a violation of this section; and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs;
and
``(ii)(I) actual damages and any additional
profits of the violator, as provided by
paragraph (3); or
``(II) statutory damages, as provided by
paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the
injured party as a result of a violation of
this section, as provided by subparagraph (B);
and
``(ii) any profits of the violator that are
attributable to a violation of this section and
are not taken into account in computing the
actual damages.
``(B) Calculation of damages.--The court shall
calculate actual damages by multiplying--
``(i) the value of the phonorecords or
copies to which counterfeit labels, illicit
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded; by
``(ii) the number of phonorecords or copies
to which counterfeit labels, illicit
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded, unless such calculation would
underestimate the actual harm suffered by the
copyright owner.
``(C) Definition.--For purposes of this paragraph,
the term `value of the phonorecord or copy' means--
``(i) the retail value of an authorized
phonorecord of a copyrighted sound recording;
``(ii) the retail value of an authorized
copy of a copyrighted computer program; or
``(iii) the retail value of a copy of a
copyrighted motion picture or other audiovisual
work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages
for each violation of this section in a sum of not less than
$2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has subsequently
violated this section within 3 years after a final judgment was
entered against that person for a violation of this section.
``(6) Limitation on actions.--A civil action may not be
commenced under this section unless it is commenced within 3
years after the date on which the claimant discovers the
violation.
``(g) Other Rights Not Affected.--Nothing in this section shall
enlarge, diminish, or otherwise affect liability under section 1201 or
1202 of title 17.''.
(b) Technical and Conforming Amendment.--The item relating to
section 2318 in the table of sections at the beginning of chapter 113
of title 18, United States Code, is amended by inserting ``or illicit
authentication features'' after ``counterfeit labels''. | Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) without the authorization of the respective copyright owner, has been tampered with or altered so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed, or is intended for distribution, without the authorization of the respective copyright owner; or (3) appears to be genuine but is not. Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Sets forth remedies for violations. | {"src": "billsum_train", "title": "A bill to prevent and punish counterfeiting and copyright piracy, and for other purposes."} | 2,316 | 200 | 0.545506 | 1.719737 | 0.722727 | 4.952941 | 12.511765 | 0.929412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rx for Abuse Act''.
SEC 2. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS.
(a) In General.--The Family Violence Prevention and Services Act
(42 U.S.C. 10401 et seq.) is amended by adding at the end the
following:
``SEC. 319. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE
SETTINGS.
``(a) General Purpose Grants.--The Secretary, acting through the
Office of Family Violence and Prevention Services of the Administration
for Children and Families, may award grants to eligible State and local
entities to strengthen the State and local health care system's
response to domestic violence by building the capacity of health care
professionals and staff to identify, address, and prevent domestic
violence.
``(b) State Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 Statewide programs for the design
and implementation of statewide strategies to enable health
care workers to improve the health care system's response to
treatment and prevention of domestic violence as provided for
in subsection (d).
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a State health department, nonprofit State
domestic violence coalition, State professional medical
society, State health professional association, or
other nonprofit or State entity with a history of
effective work in the field of domestic violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations and agencies
working collaboratively to strengthen the health care
system's response to domestic violence and that such
team includes representatives from domestic violence
and health care organizations; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Limitation.--The Secretary may not award a grant to a
State health department under paragraph (1) unless the State
health department can certify that State laws, policies, and
practices do not require health care professionals and staff to
report incidents of domestic violence against adult victims to
law enforcement officials without the patient's consent. This
prohibition does not apply to the anonymous reporting or
reporting of de-identified information for the purposes of data
collection and analysis.
``(4) Term and amount.--A grant under this section shall be
for a term of up to 4 years and for an amount not to exceed
$2,000,000 per year.
``(c) Local Demonstration Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 demonstration projects for the
design and implementation of a strategy to improve the response
of local health care professionals and staff to the treatment
and prevention of domestic violence.
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a local health department, tribal health
board, or tribal health organization, local or tribal
nonprofit domestic violence organization or service
provider, local or tribal professional medical society
or health professional association, local nonprofit
health care delivery system or nonprofit hospital, or
other nonprofit, tribal nonprofit, tribal government,
or local government entity that has a history of
effective work in the field of domestic violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations working
collaboratively to strengthen the health care system's
response to domestic violence and that such team
includes representatives from domestic violence and
health care organizations; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Term and amount.--A grant under this section shall be
for a term of up to 2 years and for an amount not to exceed
$100,000 per year.
``(d) Use of Funds.--Amounts provided under a grant under this
section shall be used to design and implement comprehensive statewide
and local strategies to improve the health care response to domestic
violence in hospitals, clinics, managed care settings, emergency
medical services, and other health care settings. Such a strategy shall
include--
``(1) the development, implementation, dissemination, and
evaluation of policies and procedures to guide health care
professionals and staff responding to domestic violence;
``(2) the provision of training and follow-up technical
assistance to health care professionals and staff to screen for
domestic violence, and then to appropriately assess, record in
medical records, treat, and refer patients who are victims of
domestic violence to domestic violence services;
``(3) the implementation of practice guidelines for routine
screening and recording mechanisms to identify and document
domestic violence, including guidelines to ensure that the
patient is fully informed of any State laws regarding reporting
domestic violence crimes and potential risks to the patient
before screening is performed, and the institutionalization of
such guidelines and mechanisms in quality improvement
measurements such as patient record reviews, staff interviews,
patient surveys, or other methods used to evaluate and enhance
staff compliance with protocols;
``(4) the development and implementation of policies,
protocols, and strategies to ensure that the health and
personal information of a patient who identifies or is
identified as a victim of abuse is collected and held in a
manner that protects the patient's privacy and safety;
``(5) the development of on-site access to services to
address the safety, medical, mental health, and economic needs
of patients and to provide information and assistance related
to the additional needs of patients who are victims of domestic
violence achieved either by increasing the capacity of existing
health care professionals and staff to address these issues or
by contracting with or hiring domestic violence advocates to
provide the services or other model appropriate to the
geographic and cultural needs of a site;
``(6) the development of innovative and effective
comprehensive approaches to domestic violence identification,
treatment, and prevention models unique to managed care
settings, such as--
``(A) exploring ways to compensate health care
professionals and staff for screening and other
services related to domestic violence;
``(B) developing built-in incentives such as
billing mechanisms and protocols to encourage health
care professionals and staff to implement screening and
other domestic violence programs; or
``(C) contracts or other agreements which provide
nonprofit community-based agencies with expertise
serving victims of domestic violence payment to provide
domestic violence victims access to advocates and
services in health care settings; and
``(7) activities deemed necessary by the Secretary to
enable evaluation.
``(e) Evaluation.--The Secretary may use not to exceed 5 percent of
the amount appropriated under subsection (f) to evaluate the economic,
health, and safety benefits of the programs and activities conducted by
grantees under this section and the extent to which the
institutionalization of such activities has been achieved. The
Secretary shall ensure that all data is collected and maintained in a
manner that protects the subject's privacy and safety. The Secretary
shall further ensure, to the maximum extent possible, that all data and
health information is collected in a nonidentifiable manner, and in the
event that nonidentifiable data is not feasible, the Secretary shall
ensure that the subject's consent was obtained for the use and transfer
of such information.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $11,000,000 for each of the fiscal years 2001
through 2003; and
``(B) $10,000,000 for fiscal year 2004.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
(b) Technical Amendment.--Section 305(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10405(a)) is amended--
(1) by striking ``an employee'' and inserting ``one or more
employees''; and
(2) by striking ``individual'' and inserting
``individuals''. | Conditions such assistance upon certification by the State health department that State laws, policies, and practices do not require health care personnel to report incidents of domestic violence against adult victims to law enforcement officials without patient consent.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rx for Abuse Act"} | 1,767 | 49 | 0.560558 | 1.352466 | 0.514545 | 4.555556 | 38.6 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Gas Competitiveness Act of
1995''.
SEC. 2. ASSOCIATIONS OF INDEPENDENT PRODUCERS OF NATURAL GAS.
(a) Activities.--(1) Subject to sections 3 and 4, independent
producers of natural gas may act together in associations, corporate or
otherwise, with or without capital stock, in collectively producing,
gathering, transporting, processing, storing, handling, and marketing
in intrastate, interstate, and foreign commerce, natural gas (including
natural gas liquids) produced in the United States.
(2) For purposes of paragraph (1)--
(A) such associations may have marketing agencies in
common, and
(B) such associations and members of such associations may
make the necessary contracts and agreements to carry out the
activities described in such paragraph,
if such associations are operated for the mutual benefit of the members
thereof and comply with subsection (b).
(b) Requirements.--For purposes of subsection (a)(2), an
association shall--
(1) not deal in natural gas (including natural gas liquids)
produced by nonmembers in an amount greater in volume than \1/
2\ of the volume of natural gas (including natural gas liquids)
that is produced by members of the association and handled by
the association for such members, and
(2) in any calendar year not deal in natural gas (including
natural gas liquids) in an amount greater in volume than 20
percent of the volume of natural gas (including natural gas
liquids) produced in the United States in the preceding
calendar year.
SEC. 3. TERMINATION OF ACTIVITY.
(a) Complaint.--If the Attorney General of the United States has
reason to believe that an association to which section 2(a) applies,
monopolizes or restrains trade in intrastate, interstate, or foreign
commerce to such an extent that the price of natural gas or natural gas
liquids is unduly enhanced by reason of the activity of the
association, the Attorney General shall serve upon the association a
complaint that--
(1) states a claim in that respect,
(2) contains a notice of hearing on such claim to be held
at a place and on a date (not less than 30 days after the
service of the complaint) specified in the complaint, and
(3) requires the association to show cause why the Attorney
General should not issue an order requiring the association to
cease and desist from the monopolization or restraint of trade.
(b) Hearing.--At the hearing referred to in subsection (a), the
association that is the subject of such hearing may show cause why such
order should not be entered. Evidence taken at such hearing shall be
taken under such rules as the Attorney General may issue, shall be
reduced to writing, and shall be made a part of the record of the
proceeding on the complaint containing the notice of such hearing.
(c) Order.--If, based on the hearing referred to in subsection (b),
the Attorney General determines that such association monopolizes or
restrains trade in intrastate, interstate, or foreign commerce to the
extent that the price of natural gas, or natural gas liquids, is unduly
enhanced, the Attorney General shall issue and cause to be served upon
the association an order reciting the facts found by the Attorney
General and directing such association to cease and desist from
monopolization or restraint of trade.
(d) Review.--(1) On the request of the association that is subject
to an order issued under subsection (c) or if the association fails or
neglects for 30 days to obey such order, the Attorney General shall
file in the district court of the United States for the judicial
district in which the association has its principal place of business a
petition for enforcement of such order, together with a certified copy
of the order and the record of the proceedings on the complaint on
which the order is based.
(2) The court shall have jurisdiction to affirm, modify, or set
aside the order, or to enter such other order as the court may deem
equitable.
(3) The facts found by the Attorney General and set forth in the
order issued by the Attorney General shall be prima facie evidence of
such facts, but either party may adduce additional evidence.
(4) During the pendency of the petition, the court may issue a
preliminary injunction forbidding such association from violating all
or part of such order.
SEC. 4. LIMITATION.
Nothing in this Act shall restrict the right of a person or State
to assert any claims against an association which may accrue under--
(1) section 2 of the Sherman Act (15 U.S.C. 2) for the
monopolization of trade by the association to such an extent
that the price of natural gas is unduly depressed or unduly
enhanced by reason thereof or by reason of a denial of access
to essential facilities,
(2) section 2 of the Clayton Act (15 U.S.C. 13) for undue
discrimination in price by the association,
(3) section 3 of the Clayton Act (15 U.S.C. 14) for
imposition of exclusive dealing arrangements by the
association, or
(4) any State common purchaser law, State common carrier
law, or State law enacted to prevent discrimination as to price
or access to market.
SEC. 5. DEFINITION OF INDEPENDENT PRODUCER OF NATURAL GAS.
The term ``independent producer of natural gas'' means a person who
produces natural gas (including natural gas liquids), but excludes a
person with respect to whom section 613A(c) of the Internal Revenue
Code of 1986 is inapplicable by reason of the operation of paragraph
(2) or (4) of section 613A(d) of such Code. | Natural Gas Competitiveness Act of 1995 - Permits independent natural gas producers to act together in associations to collectively produce, gather, transport, process, store, handle, and market natural gas in both domestic and foreign commerce.
Requires the Attorney General to file an antitrust complaint against any such association which monopolizes or restrains trade to such an extent that the price of natural gas or natural gas liquid is unduly enhanced. Sets forth procedural guidelines for the filing of such a complaint.
Provides for antitrust and market and price-discrimination actions against an association under the Sherman and the Clayton Acts, respectively. | {"src": "billsum_train", "title": "Natural Gas Competitiveness Act of 1995"} | 1,250 | 139 | 0.609431 | 1.764425 | 0.770538 | 2.878261 | 10.13913 | 0.808696 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening American Citizenship
Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Oath of allegiance.--The term ``Oath of Allegiance''
means the binding oath (or affirmation) of allegiance required
to be naturalized as a citizen of the United States, as
prescribed in subsection (e) of section 337 of the Immigration
and Nationality Act (8 U.S.C. 1448(e)), as added by section
301(a)(2).
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
TITLE I--LEARNING ENGLISH
SEC. 101. ENGLISH FLUENCY.
(a) Education Grants.--
(1) Establishment.--The Chief of the Office of Citizenship
of the Department of Homeland Security (referred to in this
subsection as the ``Chief'') shall establish a grant program to
provide grants in an amount not to exceed $500 to assist legal
residents of the United States who declare an intent to apply
for citizenship in the United States to meet the requirements
under section 312 of the Immigration and Nationality Act (8
U.S.C. 1423).
(2) Use of funds.--Grant funds awarded under this
subsection shall be paid directly to an accredited institution
of higher education or other qualified educational institution
(as determined by the Chief) for tuition, fees, books, and
other educational resources required by a course on the English
language in which the legal resident is enrolled.
(3) Application.--A legal resident desiring a grant under
this subsection shall submit an application to the Chief at
such time, in such manner, and accompanied by such information
as the Chief may reasonably require.
(4) Priority.--If insufficient funds are available to award
grants to all qualified applicants, the Chief shall give
priority based on the financial need of the applicants.
(5) Notice.--The Secretary, upon relevant registration of a
legal resident with the Department of Homeland Security, shall
notify such legal resident of the availability of grants under
this subsection for legal residents who declare an intent to
apply for United States citizenship.
(b) Faster Citizenship for English Fluency.--Section 316 of the
Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at
the end the following:
``(g) A legal resident of the United States who demonstrates
English fluency, in accordance with regulations prescribed by the
Secretary of Homeland Security, in consultation with the Secretary of
State, will satisfy the residency requirement under subsection (a) upon
the completion of 4 years of continuous legal residency in the United
States.''.
SEC. 102. SAVINGS PROVISION.
Nothing in this Act shall be construed to--
(1) modify the English language requirements for
naturalization under section 312(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)(1)); or
(2) influence the naturalization test redesign process of
the Office of Citizenship of the United States Citizenship and
Immigration Services (except for the requirement under section
301(b) of this Act).
TITLE II--EDUCATION ABOUT THE AMERICAN WAY OF LIFE
SEC. 201. AMERICAN CITIZENSHIP GRANT PROGRAM.
(a) In General.--The Secretary shall establish a competitive grant
program to provide financial assistance for--
(1) efforts by entities (including veterans and patriotic
organizations) certified by the Office of Citizenship of the
Department of Homeland Security to promote the patriotic
integration of prospective citizens into the American way of
life by providing civics, history, and English as a second
language courses, with a specific emphasis on attachment to
principles of the Constitution of the United States, the heroes
of American history (including military heroes), and the
meaning of the Oath of Allegiance; and
(2) other activities approved by the Secretary to promote
the patriotic integration of prospective citizens and the
implementation of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), including grants--
(A) to promote an understanding of the form of
government and history of the United States; and
(B) to promote an attachment to the principles of
the Constitution of the United States and the well
being and happiness of the people of the United States.
(b) Acceptance of Gifts.--The Secretary may accept and use gifts
from the United States Citizenship Foundation, if the foundation is
established under section 202(a), for grants under this section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 202. FUNDING FOR THE OFFICE OF CITIZENSHIP.
(a) Authorization.--The Secretary, acting through the Director of
the Bureau of Citizenship and Immigration Services, is authorized to
establish the United States Citizenship Foundation (referred to in this
section as the ``Foundation''), an organization duly incorporated in
the District of Columbia, exclusively for charitable and educational
purposes to support the functions of the Office of Citizenship, which
shall include the patriotic integration of prospective citizens into--
(1) American common values and traditions, including an
understanding of the history of the United States and the
principles of the Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(b) Dedicated Funding.--
(1) In general.--Not less than 1.5 percent of the funds
made available to the Bureau of Citizenship and Immigration
Services (including fees and appropriated funds) shall be
dedicated to the functions of the Office of Citizenship, which
shall include the patriotic integration of prospective citizens
into--
(A) American common values and traditions,
including an understanding of American history and the
principles of the Constitution of the United States;
and
(B) civic traditions of the United States,
including the Pledge of Allegiance, respect for the
flag of the United States, and voting in public
elections.
(2) Sense of congress.--It is the sense of Congress that
dedicating increased funds to the Office of Citizenship should
not result in an increase in fees charged by the Bureau of
Citizenship and Immigration Services.
(c) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the mission of
the Office of Citizenship, including the patriotic integration of
prospective citizens into--
(1) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
SEC. 203. RESTRICTION ON USE OF FUNDS.
No funds appropriated to carry out a program under this title may
be used to organize individuals for the purpose of political activism
or advocacy.
SEC. 204. REPORTING REQUIREMENT.
The Chief of the Office of Citizenship shall submit to the
Committee on Health, Education, Labor, and Pensions and the Committee
on the Judiciary of the Senate, and the Committee on Education and the
Workforce and the Committee on the Judiciary of the House of
Representatives, an annual report that contains--
(1) a list of the entities that have received funds from
the Office of Citizenship during the reporting period under
this title and the amount of funding received by each such
entity;
(2) an evaluation of the extent to which grants received
under this title and title I successfully promoted an
understanding of--
(A) the English language; and
(B) American history and government, including the
heroes of American history, the meaning of the Oath of
Allegiance, and an attachment to the principles of the
Constitution of the United States; and
(3) information about the number of legal residents who
were able to achieve the knowledge described under paragraph
(2) as a result of the grants provided under this title and
title I.
TITLE III--CODIFYING THE OATH OF ALLEGIANCE
SEC. 301. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.
(a) Revision of Oath.--Section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448) is amended--
(1) in subsection (a), by striking ``under section 310(b)
an oath'' and all that follows through ``personal moral code.''
and inserting ``under section 310(b), the oath (or affirmation)
of allegiance prescribed in subsection (e).''; and
(2) by adding at the end the following new subsection:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or
affirmation) of allegiance prescribed in this subsection is as follows:
`I take this oath solemnly, freely, and without any mental reservation.
I absolutely and entirely renounce all allegiance to any foreign state
or power of which I have been a subject or citizen. My fidelity and
allegiance from this day forward are to the United States of America. I
will bear true faith and allegiance to the Constitution and laws of the
United States, and will support and defend them against all enemies,
foreign and domestic. I will bear arms, or perform noncombatant
military or civilian service, on behalf of the United States when
required by law. This I do solemnly swear, so help me God.'.
``(2) If a person, by reason of religious training and belief (or
individual interpretation thereof) or for other reasons of good
conscience, cannot take the oath prescribed in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation'
shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to the
satisfaction of the Attorney General that such person, by reason of
religious training and belief, cannot take the oath prescribed in
paragraph (1)--
``(A) because such person is opposed to the bearing of arms
in the Armed Forces of the United States, the words `bear arms,
or' shall be omitted; and
``(B) because such person is opposed to any type of service
in the Armed Forces of the United States, the words `bear arms,
or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious training and
belief'--
``(A) means a belief of an individual in relation to a
Supreme Being involving duties superior to those arising from
any human relation; and
``(B) does not include essentially political, sociological,
or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of allegiance'
under this section shall be deemed to refer to the oath (or
affirmation) of allegiance prescribed under this subsection.''.
(b) History and Government Test.--The Secretary shall incorporate a
knowledge and understanding of the meaning of the Oath of Allegiance
into the history and government test given to applicants for
citizenship.
(c) Notice to Foreign Embassies.--Upon the naturalization of a new
citizen, the Secretary, in cooperation with the Secretary of State,
shall notify the embassy of the country of which the new citizen was a
citizen or subject that such citizen has--
(1) renounced allegiance to that foreign country; and
(2) sworn allegiance to the United States.
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 6 months after the date of enactment of
this Act.
TITLE IV--CELEBRATING NEW CITIZENS
SEC. 401. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.
(a) Establishment.--There is established a new citizens award
program to recognize citizens who--
(1) have made an outstanding contribution to the United
States; and
(2) were naturalized during the 10-year period ending on
the date of such recognition.
(b) Presentation Authorized.--
(1) In general.--The President is authorized to present a
medal, in recognition of outstanding contributions to the
United States, to citizens described in subsection (a).
(2) Maximum number of awards.--Not more than 10 citizens
may receive a medal under this section in any calendar year.
(c) Design and Striking.--The Secretary of the Treasury shall
strike a medal with suitable emblems, devices, and inscriptions, to be
determined by the President.
(d) National Medals.--The medals struck pursuant to this section
are national medals for purposes of chapter 51 of title 31, United
States Code.
SEC. 402. NATURALIZATION CEREMONIES.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Director of the National Park Service, the
Archivist of the United States, and other appropriate Federal
officials, shall develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under this section, the
Secretary shall consider the use of outstanding and historic locations
as venues for select naturalization ceremonies.
(c) Reporting Requirement.--The Secretary of Homeland Security
shall annually submit a report to Congress that contains--
(1) the content of the strategy developed under this
section; and
(2) the progress made towards the implementation of such
strategy. | Strengthening American Citizenship Act of 2005 - Directs the Chief of the Office of Citizenship of the Department of Homeland Security (DHS) to provide grants (not to exceed $500) to assist legal U.S. residents who declare an intent to apply for citizenship in the United States to meet naturalization requirements.
Provides such grants to an accredited institution of higher education or other qualified educational institution for tuition, fees, books, and other educational resources required by the English language course in which the legal resident is enrolled.
Amends the Immigration and Nationality Act (INA) to provide that a legal U.S. resident who demonstrates English fluency will satisfy the residency requirement upon the completion of four (currently, five years) years of continuous U.S. legal residency.
Directs the Secretary of DHS to: (1) establish an American citizenship grant program for qualified entities to provide civics, history, and English classes to promote the patriotic integration of prospective citizens; (2) establish the United States Citizenship Foundation to support the functions of the Office of Citizenship; and (3) implement a strategy to enhance public awareness of naturalization ceremonies.
Amends INA to set forth a new oath of allegiance. Directs the Secretary to: (1) incorporate a knowledge and understanding of the oath of allegiance into the history and government citizenship test; and (2) notify the embassy of the country of which a new citizen was a citizen or subject that such citizen has renounced allegiance to that foreign country, and sworn allegiance to the United States.
Establishes a new citizens award program to recognize citizens who: (1) have made an outstanding contribution to the United States; and (2) were naturalized during the ten-year period ending on the date of such recognition. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to prescribe the binding oath or affirmation of renunciation and allegiance required to be naturalized as a citizen of the United States, to encourage and support the efforts of prospective citizens of the United States to become citizens, and for other purposes."} | 3,172 | 383 | 0.620281 | 1.885367 | 0.841272 | 4.480597 | 8.468657 | 0.934328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2012''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2) of this subsection) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.'';
(4) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (10), (13), (14), (15), and (16), respectively;
(5) by inserting after paragraph (3) (as redesignated by
paragraph (2) of this subsection) the following:
``(4) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(6) by inserting after paragraph (10) (as redesignated by
paragraph (4) of this subsection) the following:
``(11) Publicly-owned dam.--
``(A) In general.--The term `publicly-owned dam'
means a dam that is owned by 1 or more State agencies
or governments, local governments, municipal
governments, or tribal governments.
``(B) Inclusions.--The term `publicly-owned dam'
includes a dam owned by a nonprofit organization that--
``(i) is established by 1 or more State,
local, municipal, or tribal governments; and
``(ii) provides public benefits, such as--
``(I) local flood control
districts;
``(II) regional public water
utilities; and
``(III) local irrigation districts.
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of deficient dams that are publicly-owned dams.
``(b) Award of Grants.--
``(1) Application.--
``(A) In general.--A State interested in receiving
a grant under this section may submit to the
Administrator an application for the grant.
``(B) Requirements.--An application submitted to
the Administrator under this section shall be submitted
at such time, be in such form, and contain such
information as the Administrator may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Administrator may make a
grant in accordance with this section for
rehabilitation of a deficient dam to a State that
submits an application for the grant in accordance with
the regulations prescribed by the Administrator.
``(B) Project grant agreement.--The Administrator
shall enter into a project grant agreement with the
State to establish the terms of the grant and the
project, including the amount of the grant.
``(C) Grant assurance.--As part of a project
agreement entered into under subparagraph (B), the
Administrator shall require a State to provide an
assurance, with respect to the dam to be rehabilitated
under the project, that the owner of the dam has
developed and will carry out a plan for maintenance of
the dam during the expected life of the dam.
``(3) Applicability of requirements.--The Administrator
shall require recipients of grants under this section to assure
compliance with the standards set forth in section 611(j)(9) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196(j)(9)), as in effect on the date of
enactment of this section, in the same manner that recipients
of financial contributions under section 611(j) of such Act are
required to assure compliance with such standards.
``(c) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (h)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for the grants for
that fiscal year as follows:
``(1) \1/3\ divided equally among applying States.
``(2) \2/3\ divided among applying States based on the
proportion that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of the rehabilitation.
``(g) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a State that
receives the grant shall require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2013;
``(B) $15,000,000 for fiscal year 2014;
``(C) $25,000,000 for fiscal year 2015;
``(D) $50,000,000 for fiscal year 2016; and
``(E) $100,000,000 for fiscal year 2017.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2013 through 2017.
``(3) Period of availability.--Amounts made available under
this section shall remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue a notice of proposed rulemaking regarding
the amendments made by section 2 to the National Dam Safety Program Act
(33 U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall promulgate a final rule regarding the
amendments described in subsection (a). | Dam Rehabilitation and Repair Act of 2012 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the FEMA Administrator to: (1) require a state to provide an assurance that the owner of the dam to be rehabilitated has developed and will carry out a maintenance plan during the expected life of the dam, (2) require a recipient of a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (3) develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%.
Prohibits funds from being used to: (1) rehabilitate a federal dam, (2) perform routine operation or maintenance, (3) modify a dam to produce hydroelectric power, (4) increase water supply storage capacity, or (5) make any other modification that does not also improve safety.
Conditions the receipt of grants by states upon compliance with specified requirements regarding contracts for architectural and engineering services. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States. | {"src": "billsum_train", "title": "To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams."} | 1,941 | 308 | 0.574424 | 1.579291 | 0.867525 | 3.835088 | 6.368421 | 0.915789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systematic Application of Value
Engineering Act of 1993''.
SEC. 2. VALUE ENGINEERING REQUIREMENTS FOR FEDERAL AGENCIES.
(a) In General.--Federal agencies shall apply value engineering
consistent with subsection (b)(2) to, at a minimum, identify and
implement opportunities to reduce capital and operation costs and
improve and maintain optimum quality of construction, administrative,
program, acquisition, and grant projects. The head of each Federal
agency shall require senior management personnel to establish and
maintain value engineering procedures and processes. Such procedures
and processes shall, at a minimum--
(1) utilize qualified value engineering personnel
consistent with paragraphs (1) and (4) of subsection (b);
(2) provide for the aggressive and systematic development
and maintenance of the most effective, efficient, and
economical arrangement for conducting the work of the agency;
and
(3) provide a sound basis for the reporting of
accomplishments to the Office of Management and Budget, the
President, the Congress, and the public.
(b) Agency Responsibilities.--To ensure that systemic value
engineering improvements are achieved, each Federal agency shall, at a
minimum, carry out the following:
(1) Designate a senior management official with a
significant, well-documented background in value engineering as
the value engineering manager within the agency, to oversee and
monitor value engineering efforts and to coordinate the
development of criteria and guidelines referred to in paragraph
(2).
(2) Develop criteria and guidelines for both agency
employees and contractor employees to identify programs,
projects, systems, and products with the greatest potential to
yield savings and benefits from the application of value
engineering methodology. The criteria and guidelines should
recognize that the potential savings are greatest during the
planning, design, and other early phases of program, project,
system, and product development. The criteria and guidelines
shall include the following:
(A) Consideration of return on the Government's
investment in value engineering, determined by dividing
the Government's cost of performing the value
engineering function by the savings generated by the
function.
(B) A dollar amount threshold for requiring the
application of value engineering. The threshold shall
be designed to ensure that value engineering is applied
to--
(i) each program, project, system, and
product of the agency that has a dollar value
greater than the threshold; and
(ii) programs, projects, systems, and
products comprising in the aggregate 80 percent
of the budget of the agency.
For purposes of applying such a threshold, the dollar
values of various programs, projects, systems, and
products of an agency that have individual values below
the threshold shall be aggregated if they utilize
equivalent planning or design elements, are jointly
administered, or are functionally equivalent.
(C) Criteria under which the value engineering
manager of the agency may, on a case-by-case basis,
waive the requirement of this Act to conduct value
engineering studies, and procedures and requirements
for documenting and maintaining records of the
justification for each such waiver.
(3) Provide training (including practical experience) in
established value engineering methodology to agency staff
responsible for coordinating and monitoring value engineering
efforts and to staff responsible for developing, reviewing,
analyzing, carrying out, changing, and evaluating value
engineering proposals.
(4) Ensure that funds necessary for conducting agency value
engineering efforts are included in annual budget requests to
the Office of Management and Budget.
(5) Document and maintain records of--
(A) programs, projects, systems, and products that
meet agency criteria for requiring the use of value
engineering techniques; and
(B) determinations (including the reasons therefor)
that the recommendations resulting from a value
engineering review should not be implemented.
(6) Except when inconsistent with this Act, adhere to the
acquisition requirements of the Federal Acquisition Regulation,
including the use of value engineering clauses in parts 48 and
52 for both prime and subcontractors.
(7) In the case of discretionary grants awarded by the
agency, establish value engineering requirements, such as
requiring grant applications to include a clause requiring the
use of value engineering methodology by qualified value
engineering personnel in the performance of the grant.
(8) Develop annual plans for using value engineering in the
agency, which, at a minimum, identify--
(A) the agency and contractor projects, programs,
systems, and products to which value engineering
techniques will be applied in the next fiscal year; and
(B) the estimated costs of such projects, programs,
systems, and products.
(9) Report annually to the Office of Management and Budget
on value engineering activities in accordance with subsection
(c).
(c) Reports to Office of Management and Budget.--
(1) In general.--The head of each Federal agency shall
submit to the Office of Management and Budget an annual report
on the results of using value engineering in the agency. The
report shall be submitted by February 15 of each year.
(2) Contents.--The report required by this subsection shall
include the following:
(A) The name, job title, address, telephone number,
and any additional job titles of the agency's current
value engineering manager.
(B) The Government's return on investment in value
engineering achieved through actual implementation by
the agency of recommendations adopted as a result of
value engineering, calculated by dividing the amount of
savings achieved through such implementation by the
cost of performing value engineering reviews.
(C) The Government's potential return on investment
achievable through value engineering, calculated by
dividing the amount of savings achievable through the
adoption of recommendations as a result of value
engineering by the cost of performing value engineering
reviews to produce those recommendations.
(D) A description of the application of value
engineering to the agency's 20 programs, projects,
systems, and products having the highest dollar value,
including the net savings and quality improvements
achieved through use of value engineering in those
programs, projects, systems, and products.
(E) A listing of the criteria adopted by the agency
pursuant to subsection (b)(2)(C) for waiving the
application of the value engineering requirements of
this Act, and documentation of any waivers granted
under the criteria.
(d) Inspector General Audits.--The Inspector General of each
Federal agency shall audit the savings reported by the agency in the
second annual report submitted under subsection (c). Thereafter, the
Inspector General of each Federal agency shall audit the reported
savings every second year.
(e) Definitions.--For purposes of this Act, the following
definitions apply:
(1) The term ``Federal agency'' has the meaning the term
``agency'' has under section 551(1) of title 5, United States
Code.
(2) The term ``savings'' means a reduction in, or avoidance
of, expenditures that would be incurred if programs, projects,
systems, and products were not evaluated using value
engineering techniques.
(3) The term ``value engineering'' means an organized
effort, performed by qualified agency or contractor personnel,
directed at analyzing the functions of a program, project,
system, product, item of equipment, building, facility,
service, or supply for the purpose of achieving the essential
functions at the lowest life-cycle cost that is consistent with
required or improved performance, reliability, quality, and
safety.
(4) The term ``life-cycle cost'' means the total cost of a
program, project, system, product, item of equipment, building,
facility, service, or supply, computed over its useful life.
The term includes all relevant costs involved in acquiring,
owning, operating, maintaining, and disposing of the program,
project, system, product, item of equipment, building,
facility, service, or supply over a specified period of time.
(f) Effective Date.--This Act shall take effect on January 1, 1994.
(g) Review.--The Director of Management and Budget shall review the
policies contained in this Act 5 years after the date of the enactment
of this Act and shall report the results of such review to Congress. | Systematic Application of Value Engineering Act of 1993 - Requires Federal agencies to apply value engineering, at a minimum, to identify and implement opportunities to reduce capital and operation costs and improve and maintain optimum quality of construction, administrative, program, acquisition, and grant projects. Requires Inspector General audits of reported agency savings attributable to such value engineering. | {"src": "billsum_train", "title": "Systematic Application of Value Engineering Act of 1993"} | 1,680 | 79 | 0.629618 | 1.695845 | 1.048717 | 5.246154 | 26.307692 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraqi Women and Children's
Liberation Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) For more than 600 years under the Ottoman Empire, women
in Iraq were kept inside their homes, repressed, and forbidden
to be seen in public without a related male escort.
(2) The Sevres Treaty of 1919, following World War I,
installed a new monarchy in Iraq under which education for boys
and girls flourished.
(3) Within a span of 20 years, 6 centuries of repression of
women in Iraq was reversed. Thousands of women in Iraq became
lawyers, physicians, educators, teachers, professors,
engineers, prominent writers, artists, and poets, demonstrating
the impact of progressive policies on the ability of women in
Iraq to achieve.
(4) In 1941, women in Iraq earned equal wages for equal
jobs, an achievement still not duplicated in most parts of the
world.
(5) On July 14, 1958, the monarchy in Iraq was overthrown
by General Abdul-Karim Kasim, who enfranchised women in Iraq
with political rights.
(6) In 1959, Iraq became the first country in the Middle
East to have a female minister, four female judges, prominent
scientists, politicians, and freedom fighters.
(7) The 1959 Code of Personal Status secularized the multi-
ethnic state of Iraq. Women enjoyed political and economic
rights, successfully participating in the workforce as well as
advancing in the political sphere. Women had the right to
receive an education and work outside the home. Women were
career military officers, oil-project designers, and
construction supervisors, and had government jobs in education,
medicine, accounting, and general administration.
(8) The Code of Personal Status also granted women
extensive legal protections. It gave women the right to vote
and granted equal status to men and women under the law. It
prohibited marriage by persons under the age of 18 years,
arbitrary divorce, and male favoritism in child custody and
property inheritance disputes.
(9) The regime of Saddam Hussein regularly used rape and
sexual violation of women to control information and suppress
opposition in Iraq and tortured and killed female dissidents
and female relatives of male dissidents.
(10) The Department of State has reported that more than
200 women in Iraq were beheaded by units of ``Fedayeen
Saddaam'', a paramilitary organization headed by Uday Hussein.
(11) After the 1990 invasion of Kuwait, the regime of
Saddam Hussein imposed policies that resulted in severe
economic hardship, discrimination, impoverishment, and
oppression of women in Iraq. Many women were prevented from
working. Presently, women comprise as much as 65 percent of the
population of Iraq, but only 19 percent of the workforce.
(12) Men who killed female relatives in ``honor killings''
were protected from prosecution for murder under Article 111 of
the Iraqi Penal Code enacted in 1990. The United Nations
Special Rapporteur on Violence Against Women has reported that
since the enactment of that article, more than 4,000 women were
killed for tarnishing the honor of their families, with the
killings occurring by a range of methods that included stoning.
(13) Maternal mortality is the leading cause of death among
women of reproductive age in Iraq, and it continues to rise due
to lack of basic health care. The maternal mortality rate in
Iraq of 292 deaths per 100,000 live births compared with a
maternal mortality rate in the United States of 8 deaths per 100,000
live births. 90 percent of the maternal deaths in Iraq are identified
as preventable.
(14) More than 48 percent of the population of Iraq is
under the age of 18 years. One in four children of the age of 5
years or younger is chronically malnourished. One in eight
children dies before the age of 5 years, the highest rate of
mortality among children under that age in the region. Some
estimate the total rate of child mortality in Iraq to be as
high as 13 percent.
(15) Girls and women in Iraq have meager educational
opportunities relative to the opportunities available to men
and boys in Iraq, and twice as many boys as girls in Iraq
attend school. 29 percent of females attend secondary school as
compared with 47 percent of males. The illiteracy rate in Iraq
is the highest in the Arab world at 61 percent for the general
population, 77 percent for women, and 45 percent for men.
(16) Press accounts indicate that many women in Iraq are
being pressured to adhere to strict Islamic codes that restrict
their mobility and impinge on their human rights.
(17) Security for women in Iraq is an issue of grave
concern. Women are afraid to leave their homes or to send their
daughters to school.
(18) Women in leadership positions in Iraq are vulnerable
to attack. One of the three women on the Iraqi Governing
Council was assassinated, and another has a $2,000,000 bounty
on her head.
(19) Women from the autonomous Kurdish region travel
freely, hold important jobs and political positions, and
perform a key role in the revival of the areas of Iraq that
have been under Kurdish control. The integration of women in
the economic and political spheres of the region provides a
contrast to the rest of Iraq and serves as an example of what
is possible in Iraq.
(20) According to the 2003 Arab Human Development Report of
the United Nations, pervasive exclusion of women from the
political, economic, and social spheres hampers development and
growth in Arab countries.
(21) Ambassador L. Paul Bremer, the Presidential Envoy to
Iraq, has voiced his support of women in Iraq in stating that
``[w]e in the coalition are committed to continuing to promote
women's rights in Iraq.''
(22) Women have participated in planning for Iraq's
political future in the following way:
(A) 3 out of 25 people on the Iraqi Governing
Council are women.
(B) One of the government ministries is led by a
woman. 16 of the 25 deputy minister positions are held
by women.
(C) 15 of the 1,000 nationally-appointed judges are
women.
(23) Resolution 137 was adopted in a closed session
(sponsored by conservative Shiite members) on December 29,
2003, with the intent of reversing family law. The adoption of
that resolution threatened negative impacts on the rights of
women to education, employment, mobility, property inheritance,
divorce, and child custody.
(24) Ambassador Bremer, who has veto power, stated that he
would not sign Resolution 137 into law.
(25) The Iraqi Governing Council revoked Resolution 137 on
February 27, 2004, in part due to pressure from women's groups.
However some members of the Governing Council walked out to
protest this action.
(26) The Transitional Administrative Law (TAL) that
establishes the framework for the interim government of Iraq
was officially signed on March 8, 2004. It aims to achieve a
goal of having women constitute not less than 25 percent of the
members of Iraq's interim legislature. It does not express a
goal for a representation rate for women in the executive or
judicial branch of the interim government. It also provides
that Sharia, the Islamic law, can be a source, but not the only
source, of Iraqi law.
(27) United States officials propose to turn over political
power to Iraqis on June 30, 2004. Some factions have already
voiced strong objection to the TAL and could press ahead with
their goal of making Sharia the supreme law of Iraq.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should ensure that women and children
in Iraq benefit from the liberation of Iraq from the regime of
Saddam Hussein;
(2) women of all ethnic groups in Iraq should be included
in the economic and political reconstruction of Iraq;
(3) women should be involved in the drafting and review of
the key legal instruments, especially the constitution, of the
emerging nation in Iraq in order to ensure that the transition
to that nation does not involve or facilitate the erosion of
the rights of women in Iraq;
(4) women should have membership in any legislature or
other committee, body, or structure convened to advance the
reconstruction of Iraq that builds on the goal provided for in
the Transitional Administrative Law;
(5) women should have a similar level of representation in
leadership posts in all levels of government in Iraq, including
ministers and judges, whether local or national, and women
should be integrated in all levels of political process in
Iraq, especially the building of political parties;
(6) the presence of women on the Iraqi Governing Council
should better represent the percentage of women in the general
population of Iraq;
(7) the participation and contribution of women to the
economy of Iraq should be fostered by awarding contracts and
sub-contracts to women and women-led businesses and by ensuring
the availability of credit for women;
(8) continued emphasis and support should be granted to
grass-roots organization and civil society building in Iraq,
with special emphasis on organizing, mobilizing, educating,
training, and building the capacities of women and ensuring the
incorporation of their voices in decision-making in Iraq;
(9) the security needs of women in Iraq should be addressed
and special emphasis placed on recruiting and training women
for the police force in Iraq; and
(10) the Government of Iraq should adhere to
internationally accepted standards on human rights and rights
of women and children.
SEC. 4. AUTHORIZATION OF ASSISTANCE.
(a) Education and Health Care Assistance for Women and Children.--
The President is authorized to provide education and health care
assistance for the women and children living in Iraq and to women and
children of Iraq who are refugees in other countries.
(b) Enhancement of Political Participation, Economic Empowerment,
Civil Society, and Personal Security of Women.--The President is
authorized to provide assistance for the enhancement of political
participation, economic empowerment, civil society, and personal
security of women in Iraq.
(c) Sense of Congress on Provision of Authorized Assistance.--It is
the sense of Congress that the President should ensure that assistance
is provided under subsections (a) and (b) in a manner that protects and
promotes the human rights of all people in Iraq, utilizing indigenous
institutions and nongovernmental organizations, especially women's
organizations, to the extent possible.
(d) Sense of Congress on Promotion of Human Rights in Provision of
Assistance to Government of Iraq.--In providing assistance to the
government of Iraq, the President should ensure that such assistance is
conditioned on the government of Iraq making continued progress toward
internationally accepted standards of human rights and the rights of
women.
(e) Reports.--Not later than six months after the date of the
enactment of this Act, and every six months thereafter during the
three-year period beginning on such date, the Secretary of State shall
submit to the appropriate congressional committees a report that sets
forth the following:
(1) A comprehensive description and assessment of the
conditions and status of women and children in Iraq as of the
date of the report, including a description of any changes in
such conditions and status during the six-month period ending
on such date.
(2) A statement of the number of women and children of Iraq
who are in refugee camps throughout the Middle East as of the
date of such report, a description of their conditions as of
such date, and a description of any changes in such conditions
during the six-month period ending on such date.
(3) A statement of the expenditures of the United States
Government during the six-month period ending on the date of
such report to promote the education, health, security, human
rights, opportunities for employment, judicial and civil
society involvement and political participation of women in
Iraq.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Appropriations and Foreign Relations
of the Senate; and
(2) the Committees Appropriations and International
Relations of the House of Representatives. | Iraqi Women and Children's Liberation Act of 2004 - Expresses the sense of Congress that: (1) the United States should ensure that women and children in Iraq benefit from the liberation of Iraq; (2) women of all ethnic groups in Iraq should be included in the economic and political reconstruction of Iraq; and (3) the Government of Iraq should adhere to internationally accepted standards on human rights and rights of women and children.
Authorizes the President to provide assistance for: (1) education and health care for Iraqi women and children living in Iraq or living as refugees in other countries; and (2) enhancement of political participation, economic empowerment, civil society, and personal security of women in Iraq.
Expresses the sense of Congress that the President should ensure that such assistance is: (1) provided in a manner that protects and promotes the human rights of all people in Iraq, utilizing indigenous institutions and nongovernmental organizations, especially women's organizations; and (2) conditioned on the government of Iraq making continued progress toward internationally accepted standards of human rights and the rights of women. | {"src": "billsum_train", "title": "A bill to authorize assistance for education and health care for women and children in Iraq during the reconstruction of Iraq and thereafter, to authorize assistance for the enhancement of political participation, economic empowerment, civil society, and personal security for women in Iraq, to state the sense of Congress on the preservation and protection of the human rights of women and children in Iraq, and for other purposes."} | 2,602 | 217 | 0.44205 | 1.325936 | 0.700659 | 7.042254 | 11.967136 | 0.985915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Support for Reservists and
National Guard Members Act''.
SEC. 2. DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS.
(a) Designation.--
(1) In general.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that a specified portion (not
less than $1) of any overpayment of tax for such taxable year be paid
over to the Reservist Income Differential Trust Fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(2) Transfers to reservist income differential trust
fund.--The Secretary of the Treasury shall, from time to time,
transfer to the Reservist Income Differential Trust Fund the
amounts designated under section 6097 of the Internal Revenue
Code of 1986.
(3) Clerical amendment.--The table of parts for subchapter
A of chapter 61 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Part IX. Designation of overpayments to
support reservists.''.
(b) Reservist Income Differential Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9511. RESERVIST INCOME DIFFERENTIAL TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the `Reservist Income
Differential Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Reservist Income Differential Trust Fund amounts equivalent to the
amounts designated under section 6097 (relating to designation of
overpayments to support reservists).
``(c) Expenditures.--Amounts in the Reservist Income Differential
Trust Fund shall be available for making distributions to eligible
members of reserve components in accordance with section 212 of title
37, United States Code.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 9511. Reservist Income
Differential Trust Fund.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31, 2003.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect on the date of the enactment of this Act.
SEC. 3. PAY DIFFERENTIAL FOR MOBILIZED RESERVES.
(a) Authority.--
(1) In general.--Chapter 3 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 212. Reserves on active duty: pay differential for service in
support of a contingency operation
``(a) Authority.--To the extent provided in appropriations Acts,
the Secretary of a military department shall pay an eligible member of
a reserve component of the armed forces a pay differential computed
under subsection (c).
``(b) Eligible Member.--A member of a reserve component is eligible
for a pay differential for each month during which the member is
serving on active duty for a period of more than 30 days pursuant to a
call or order to active duty under a provision of law referred to in
section 101(a)(13)(B) of title 10.
``(c) Amount.--(1) Subject to paragraphs (2) and (3), the amount of
a pay differential paid under this section for a month to a member
called or ordered to active duty as described in subsection (b) shall
be equal to the excess of--
``(A) the monthly rate of the salary, wage, or similar form
of compensation that applied to the member in the member's
position of employment (if any) for the last full month before
the month in which the member either commenced the period of
active duty to which called or ordered or commenced the
performance of duties for the armed forces in another duty
status in preparation for the performance of the active duty to
which called or ordered, over
``(B) the monthly rate of basic pay payable to the member
under section 204 of this title for such month of active-duty
service.
``(2) The Secretary concerned may pay a member a pay differential
under this section for a month in an amount less than the amount
computed under paragraph (1) if the Secretary concerned determines that
it is necessary to do so on the basis of the availability of funds for
such purpose.
``(3) A member may not be paid more than a total of $25,000 under
this section.
``(d) Funding.--(1) Pay differentials under this section shall be
paid out of funds that are transferred from the Reservist Income
Differential Trust Fund to military personnel accounts for the purposes
of this section.
``(2) The Secretary of Defense and the Secretary of the Treasury
shall jointly prescribe regulations providing for transfers of funds in
the Reservist Income Differential Trust Fund to the appropriate
military personnel accounts to make payments under this section.
``(3) In this section, the term `Reservist Income Differential
Trust Fund' means the Reservist Income Differential Trust Fund referred
to in section 6097 of the Internal Revenue Code.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``212. Reserves on active duty: pay differential for service in support
of a contingency operation.''.
(b) Effective Date.--Section 212 of title 37, United States Code,
shall take effect on October 1, 2004, and shall apply with respect to
months that begin on or after that date. | Voluntary Support for Reservists and National Guard Members Act - Amends the Internal Revenue Code to permit a taxpayer to designate a specified portion of any tax overpayment to the Reservist Income Differential Trust Fund (the Fund). Establishes such Fund.
Directs the Secretary of a military department, to the extent provided in appropriations Acts, to pay an eligible member of a reserve component of the armed forces a pay differential, according to a specified formula, of up to a maximum amount of $25,000. Provides for funding from the Fund. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow tax-payers to designate part or all of any income tax refund to support reservists and National Guard members."} | 1,671 | 128 | 0.521255 | 1.427563 | 0.581535 | 3.693069 | 14.524752 | 0.90099 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``American Workers
Assistance Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``7
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this Act) shall be applied subject to the following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this Act--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this Act shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this Act--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such
Act (as amended by this Act, and
including any amounts described in
subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 4. EXTENDED BENEFIT PERIODS.
(a) Application of Revised Rate of Insured Unemployment.--Section
207 is amended--
(1) by striking ``In'' and inserting ``(a) In General.--
In''; and
(2) by adding at the end the following:
``(b) Insured Unemployment Rate.--For purposes of carrying out
section 203(c) with respect to weeks of unemployment beginning on or
after the date of enactment of this subsection, the term `rate of
insured unemployment', as used in section 203(d) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note),
has the meaning given such term under section 203(e)(1) of such Act,
except that individuals exhausting their right to regular compensation
during the most recent 3 calendar months for which data are available
before the close of the period for which such rate is being determined
shall be taken into account as if they were individuals filing claims
for regular compensation for each week during the period for which such
rate is being determined, and section 203(d)(1)(A) of such Act shall be
applied by substituting `either (or both)' for `each'.''.
(b) Additional Extended Benefit Period Trigger.--
(1) In general.--Section 203(c) is amended by adding at the
end the following:
``(3) Additional extended benefit period trigger.--
``(A) In general.--Effective with respect to
compensation for weeks of unemployment beginning on or
after the date of enactment of this paragraph, an
agreement under this title shall provide that, in
addition to any other extended benefit period trigger,
for purposes of beginning or ending any extended
benefit period under this section--
``(i) there is a State `on' indicator for a
week if--
``(I) the average rate of total
unemployment in such State (seasonally
adjusted) for the period consisting of
the most recent 3 months for which data
for all States are published before the
close of such week equals or exceeds 6
percent; and
``(II) the average rate of total
unemployment in such State (seasonally
adjusted) for the 3-month period
referred to in subclause (I) equals or
exceeds 110 percent of such average
rate for the corresponding 3-month
period ending in either (or both) of
the preceding 2 calendar years; and
``(ii) there is a State `off' indicator for
a week if either the requirements of subclause
(I) or (II) of clause (i) are not satisfied.
``(B) No effect on other determinations.--
Notwithstanding the provisions of any agreement
described in subparagraph (A), any week for which there
would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined
to be a week for which there is a State `off'
indicator.
``(C) Determinations made by the secretary.--For
purposes of this subsection, determinations of the rate
of total unemployment in any State for any period (and
of any seasonal adjustment) shall be made by the
Secretary.''.
(2) Conforming amendment.--Section 203(c)(1) is amended by
inserting ``or (3)'' after ``paragraph (2)''. | American Workers Assistance Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUC Act) to extend the TEUC program through weeks of unemployment ending before July 1, 2004. Provides a phase-out period for individual payments up to weeks beginning after December 31, 2004.
Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.)
Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates. | {"src": "billsum_train", "title": "To extend the Temporary Extended Unemployment Compensation Act of 2002, and for other purposes."} | 1,850 | 171 | 0.613649 | 1.67449 | 0.769817 | 1.832168 | 11.293706 | 0.811189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Data and Benefit
Improvement Act of 2016''.
SEC. 2. IMPROVING MEDICAID DATA.
Section 1903(d) of the Social Security Act (42 U.S.C. 1396b(d)) is
amended by adding at the end the following new paragraph:
``(7)(A) In each CMS-64 or other quarterly expense report required
to be submitted (for each quarter beginning on or after the date that
is 2 years after the date that the form for such reports is revised,
and guidance is issued, under subparagraph (B)) by a State for purposes
of reconciling amounts paid to such State based on estimates under this
subsection with amounts to be paid under subsection (a), such State
shall include data on expenditures for medical assistance within each
category of service disaggregated by each category of individuals (as
specified by the Secretary in accordance with subparagraph (C)) used in
determining the eligibility of individuals for medical assistance under
the State plan or under a waiver of the plan.
``(B) Not later than 12 months after the date of the enactment of
this paragraph, the Secretary shall revise the form for the CMS-64, or
such other quarterly expense report, and issue necessary guidance for
the use of such revised form, to enable States to comply with the
requirement under subparagraph (A).
``(C) In specifying eligibility categories for purposes of
subparagraph (A), the Secretary shall include as a separate eligibility
category each of the following:
``(i) Pregnant women.
``(ii) With respect to individuals described in section
1902(a)(10)(A)(i)(VIII), each of the following categories of
such individuals:
``(I) Newly eligible individuals (as defined in
section 1905(y)(2)(A)) for whom the Federal medical
assistance percentage for amounts expended for medical
assistance is specified under section 1905(y)(1).
``(II) Individuals described in subparagraph (A) of
section 1905(z)(2) for whom the Federal medical
assistance percentage is specified under such section.
``(III) Individuals who are not described in
subclause (I) or (II).
``(iii) Each of the populations, not otherwise described in
clause (i) or (ii), by which a report under section
1902(a)(75)(A) is disaggregated.''.
SEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF
NEWBORNS.
(a) In General.--Section 1905(bb) of the Social Security Act (42
U.S.C. 1396d(bb)) is amended by adding at the end the following new
paragraph:
``(4) A woman shall continue to be treated as described in this
subsection as a pregnant woman through the end of the 1-year period
beginning on the date of the birth of a child of the woman.''.
(b) Conforming Amendments.--
(1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of
the Social Security Act (42 U.S.C. 1396o) are each amended by
inserting ``(and women described in section 1905(bb) as
pregnant women pursuant to paragraph (4) of such section)''
after ``tobacco cessation by pregnant women''.
(2) Section 1927(d)(2)(F) of the Social Security Act (42
U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women
described in section 1905(bb) as pregnant women pursuant to
paragraph (4) of such section)'' after ``pregnant women''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply with respect to items and
services furnished on or after the date that is one year after
the date of the enactment of this Act.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act, which
the Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet any requirement
imposed by amendments made by this section, the plan shall not
be regarded as failing to comply with the requirements of such
title solely on the basis of its failure to meet such an
additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the
effective date specified in paragraph (1). For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature.
(d) Report.--Not later than two years after the date of the
enactment of this Act, the Inspector General of the Department of
Health and Human Services shall submit to Congress a report that
assesses the use of the tobacco cessation service benefit under the
Medicaid program, including under the amendments made by this section.
Such report shall include an assessment of--
(1) the extent that States are encouraging the use of such
benefit, such as through promotion of beneficiary and provider
awareness of such benefit; and
(2) gaps in the delivery of such benefit. | Medicaid Data and Benefit Improvement Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to: (1) extend Medicaid coverage of tobacco cessation services for pregnant women through the first full year after giving birth, and (2) add requirements related to the collection of specified Medicaid data from states. | {"src": "billsum_train", "title": "Medicaid Data and Benefit Improvement Act of 2016"} | 1,208 | 91 | 0.430328 | 1.094988 | 0.215244 | 2.070175 | 18.54386 | 0.807018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Cybersecurity Strategy Act of 2015''.
SEC. 2. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following new section:
``SEC. 230. CYBERSECURITY STRATEGY.
``(a) In General.--Not later than 60 days after the date of the
enactment of this section, the Secretary shall develop a departmental
strategy to carry out cybersecurity responsibilities as set forth in
law.
``(b) Contents.--The strategy required under subsection (a) shall
include the following:
``(1) Strategic and operational goals and priorities to
successfully execute the full range of the Secretary's
cybersecurity responsibilities.
``(2) Information on the programs, policies, and activities
that are required to successfully execute the full range of the
Secretary's cybersecurity responsibilities, including programs,
policies, and activities in furtherance of the following:
``(A) Cybersecurity functions set forth in the
second section 226 (relating to the national
cybersecurity and communications integration center).
``(B) Cybersecurity investigations capabilities.
``(C) Cybersecurity research and development.
``(D) Engagement with international cybersecurity
partners.
``(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary shall--
``(1) consider--
``(A) the cybersecurity strategy for the Homeland
Security Enterprise published by the Secretary in
November 2011;
``(B) the Department of Homeland Security Fiscal
Years 2014-2018 Strategic Plan; and
``(C) the most recent Quadrennial Homeland Security
Review issued pursuant to section 707; and
``(2) include information on the roles and responsibilities
of components and offices of the Department, to the extent
practicable, to carry out such strategy.
``(d) Implementation Plan.--Not later than 90 days after the
development of the strategy required under subsection (a), the
Secretary shall issue an implementation plan for the strategy that
includes the following:
``(1) Strategic objectives and corresponding tasks.
``(2) Projected timelines and costs for such tasks.
``(3) Metrics to evaluate performance of such tasks.
``(e) Congressional Oversight.--The Secretary shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
for assessment the following:
``(1) A copy of the strategy required under subsection (a)
upon issuance.
``(2) A copy of the implementation plan required under
subsection (d) upon issuance, together with detailed
information on any associated legislative or budgetary
proposals.
``(f) Classified Information.--The strategy required under
subsection (a) shall be in an unclassified form but may contain a
classified annex.
``(g) Rule of Construction.--Nothing in this section may be
construed as permitting the Department to engage in monitoring,
surveillance, exfiltration, or other collection activities for the
purpose of tracking an individual's personally identifiable
information.
``(h) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in the second section 226,
relating to the national cybersecurity and communications
integration center.
``(2) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and other
policy experts.
``(3) Incident.--The term `incident' has the meaning given
such term in the second section 226, relating to the national
cybersecurity and communications integration center.''.
(b) Prohibition on Reorganization.--The Secretary of Homeland
Security may not change the location or reporting structure of the
National Protection and Programs Directorate of the Department of
Homeland Security, or the location or reporting structure of any office
or component of the Directorate, unless the Secretary receives prior
authorization from Congress permitting such change.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding at the end of
the list of items for subtitle C of title II the following new item:
``Sec. 230. Cybersecurity strategy.''.
(d) Amendment to Definition.--Paragraph (2) of subsection (a) of
the second section 226 of the Homeland Security Act of 2002 (6 U.S.C.
148; relating to the national cybersecurity and communications
integration center) is amended to read as follows:
``(2) the term `incident' means an occurrence that actually
or imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on
an information system, or actually or imminently jeopardizes,
without lawful authority, an information system;''.
Passed the House of Representatives October 6, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Department of Homeland Security Cybersecurity Strategy Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to develop a cybersecurity strategy that includes: (1) strategic and operational goals and priorities to execute the full range of DHS's cybersecurity responsibilities; and (2) information on programs, policies, and activities in furtherance of the cybersecurity functions of the national cybersecurity and communications integration center (NCCIC), investigations capabilities, research and development, and engagement with international partners. In developing the strategy, DHS must consider: (1) the cybersecurity strategy published in November 2011 for governmental and nongovernmental entities involved in homeland security, including federal, state, local, and tribal government officials, private sector representatives, academics, and other policy experts; (2) the Department of Homeland Security Fiscal Years 2014-2018 Strategic Plan; and (3) the most recent Quadrennial Homeland Security Review. The strategy must include the roles and responsibilities of DHS components and offices. DHS must also issue an implementation plan that includes strategic objectives, projected timelines, costs for tasks, and evaluation metrics. DHS must submit the strategy and implementation plan to Congress. The bill prohibits the strategy from being construed as permitting DHS to engage in monitoring, surveillance, exfiltration, or other collection activities to track an individual's personally identifiable information. The bill also prohibits DHS from changing the location or reporting structure of the National Protection and Programs Directorate without prior authorization from Congress. For purposes of the NCCIC, the bill redefines "incident" to include occurrences that actually or imminently jeopardize, without lawful authority, an information system, thereby replacing a standard that currently includes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. | {"src": "billsum_train", "title": "Department of Homeland Security Cybersecurity Strategy Act of 2015"} | 1,172 | 385 | 0.645614 | 2.055671 | 0.842481 | 3.550143 | 3.071633 | 0.862464 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Improvement Act of
1997''.
SEC. 2. SPECTRUM AUCTIONS.
(a) Required Auctions.--To the extent that portions of the public
electromagnetic spectrum allocated for commercial use become available
for licenses and construction during the period consisting of fiscal
years 1998 through 2002, the Federal Communications Commission shall,
during such period, conduct competitive bidding in accordance with
section 309(j) of the Communications Act of 1934 for licenses and
construction permits involving such portions which result in an amount
of proceeds equal to the sum of (1) $26,000,000,000, and (2) the amount
of any offsetting collections referred to in the first sentence of
section 309(j)(8)(B) of such Act. To the extent possible, the
competitive bidding shall be conducted so that proceeds required under
this subsection are obtained in equal amounts during each fiscal year
during such period.
(b) Treatment of Proceeds.--Notwithstanding section 309(j)(8)(A) of
the Communications Act of 1934, the proceeds from competitive bidding
conducted pursuant to subsection (a) (less any proceeds retained
pursuant to the first sentence of section 309(j)(8)(B) of such section)
shall be deposited in the Infrastructure Improvement Trust Fund
established by section 9512 of the Internal Revenue Code of 1986, as
added by section 3 of this Act. This subsection may not be construed to
apply to any proceeds from competitive bidding conducted pursuant to
subsection (a) in excess of the sum described in subsection (a).
SEC. 3. INFRASTRUCTURE IMPROVEMENT TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to Trust Fund Code) is amended by adding at the
end the following new section:
``SEC. 9512. INFRASTRUCTURE IMPROVEMENT TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Infrastructure
Improvement Trust Fund', consisting of such amounts as may be
appropriated or credited to such trust fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Infrastructure Improvement Trust Fund amounts equivalent to the
revenues received in the Treasury from the proceeds of competitive
bidding conducted by the Federal Communications Commission pursuant to
section 2(a) of the Infrastructure Improvement Act of 1997.
``(c) Expenditures From Trust Fund.--Amounts in the Infrastructure
Improvement Trust Fund shall be available, as provided in the
Infrastructure Improvement Act of 1997, only for purposes of making
expenditures in accordance with section 5 of such Act.''
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9512. Infrastructure Improvement
Trust Fund.''
SEC. 4. AVAILABILITY OF AMOUNTS.
There shall be available to the Secretary of Transportation, out of
the Infrastructure Improvement Trust Fund, for each of fiscal years
1998 through 2002, the amount transferred to the Trust Fund for such
fiscal year pursuant to section 9512 of the Internal Revenue Code of
1986 (plus any amount credited to the account during the preceding
fiscal year pursuant to section 9602(b) of such Code) for carrying out
section 5. Such sums shall remain available until expended.
SEC. 5. INFRASTRUCTURE IMPROVEMENT GRANTS.
(a) In General.--On October 1 of each of fiscal years 1998 through
2002 (or as soon as possible thereafter), the Secretary of
Transportation, after making the deduction under subsection (b), shall
apportion funds made available by section 4 for such fiscal year among
the States so that the percentage apportioned to each State is equal to
the percentage of estimated tax payments attributable to highway users
in the State paid into the Highway Trust Fund established by section
9503 of the Internal Revenue Code of 1986 in the latest fiscal year for
which data are available. Payments of funds apportioned to a State
under this subsection shall be made in quarterly installments in the
form of grants.
(b) Deduction.--Whenever an apportionment of funds is made under
subsection (a) or (d), the Secretary may make a deduction in an amount
not to exceed 2 percent of such funds for administering the provisions
of this section.
(c) Use of Grants.--Funds apportioned to a State under subsection
(a) shall be available only for the construction and maintenance of
highways in the State.
(d) Submission of Plan.--A State shall be eligible to receive an
apportionment of funds under subsection (a) in a fiscal year only if
the State submits to the Secretary, on or before September 1 of the
preceding fiscal year, a plan describing how the funds will be used.
Amounts which would have been apportioned to a State but for the
requirement of this subsection shall be reapportioned among the States
in the manner specified for apportionments under subsection (a).
(e) Applicability of Requirements.--A project carried out on a
Federal-aid highway using funds apportioned under subsection (a) shall
be subject to the same requirements as would have applied to the
project if the project had been carried out under title 23, United
States Code, except to the extent that the Secretary determines that
any requirement of such title is not consistent with the objectives of
this section.
(f) Federal Share.--The Federal share payable on account of any
project or activity carried out using funds apportioned under
subsection (a) shall be 80 percent of the cost of the project or
activity.
(g) Definitions.--As used in this section, the terms
``construction'', ``Federal-aid highway'', and ``highway'' have the
meanings given such terms by section 101(a) of title 23, United States
Code. | Infrastructure Improvement Act of 1997 - Directs the Federal Communications Commission to conduct competitive bidding for licenses and permits for portions of the public electromagnetic spectrum allocated for commercial use that become available for licenses and construction during FY 1998 through 2002 and that result in specified proceeds.
Requires such proceeds to be deposited into the Infrastructure Improvement Trust Fund established by this Act. Makes such funds available to the Secretary of Transportation to be apportioned among the States during FY 1998 through 2002 based on the percentage of estimated tax payments attributable to highway users in a State paid into the Highway Trust Fund for the latest fiscal year. Permits such funds to be used only for the construction and maintenance of State highways. Allows a State to be eligible for such funds only if it submits annually to the Secretary a plan describing its use of such funds.
Requires a Federal share of 80 percent of the total cost of a project or activity conducted using funds apportioned under this Act. | {"src": "billsum_train", "title": "Infrastructure Improvement Act of 1997"} | 1,363 | 216 | 0.568928 | 1.627341 | 0.828347 | 3.320652 | 6.38587 | 0.918478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Telehealth Validation Act
of 2002''.
SEC. 2. EXPANSION AND IMPROVEMENT OF TELEHEALTH SERVICES.
(a) Expanding Access to Telehealth Services Through The Use of
Store and Forward Technology.--The second sentence of section
1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)) is
amended by striking ``in the case of any Federal telemedicine
demonstration program conducted in Alaska or Hawaii,''.
(b) Increasing Types of Originating Sites.--Section
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C))ii)) is amended by adding at the end the following new
subclauses:
``(VI) A skilled nursing facility
(as defined in section 1819(a)).
``(VII) An assisted living
facility.
``(VIII) A board and care facility.
``(IX) A county, community, or
school health clinic.
``(X) A county or community mental
health clinic.
``(XI) The residence of an
individual enrolled under this part.
``(XII) A long-term care facility.
``(XIII) A facility operated by the
Indian Health Service or by an Indian
tribe, tribal organization, or an urban
Indian organization (as such terms are
defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C.
1603)) directly, or under contract or
other arrangement.''.
(c) Facilitating the Provision of Telehealth Services Across State
Lines.--
(1) In general.--For purposes of expediting the provision
of telehealth services, for which payment is made under the
medicare program, across State lines, the Secretary of Health
and Human Services shall, in consultation with representatives
of States, physicians, health care practitioners, and patient
advocates, encourage and facilitate the adoption of State
provisions allowing for multistate practitioner licensure
across State lines.
(2) Definitions.--In paragraph (1):
(A) Telehealth service.--The term ``telehealth
service'' has the meaning given that term in
subparagraph (F) of section 1834(m)(4) of the Social
Security Act (42 U.S.C. 1395m(m)(4)).
(B) Physician, practitioner.--The terms
``physician'' and ``practitioner'' have the meaning
given those terms in subparagraphs (D) and (E),
respectively, of such section.
(C) Medicare program.--The term ``medicare
program'' means the program of health insurance
administered by the Secretary of Health and Human
Services under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
SEC. 3. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Director of the Office for the Advancement of Telehealth (of the Health
Resources and Services Administration), shall make grants to eligible
recipients (as described in subsection (b)(1)) for the purpose of
expanding access to health care services for individuals in rural areas
and medically underserved areas through the use of telehealth.
(b) Eligible Recipients.--
(1) Application.--To be eligible to receive a grant under
this section, an eligible entity described in paragraph (2)
shall, in consultation with the State office of rural health or
other appropriate State entity, prepare and submit to the
Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require,
including the following:
(A) A description of the anticipated need for the
grant.
(B) A description of the activities which the
entity intends to carry out using amounts provided
under the grant.
(C) A plan for continuing the project after Federal
support under this section is ended.
(D) A description of the manner in which the
activities funded under the grant will meet health care
needs of underserved rural populations within the
State.
(E) A description of how the local community or
region to be served by the network or proposed network
will be involved in the development and ongoing
operations of the network.
(F) The source and amount of non-Federal funds the
entity would pledge for the project.
(G) A showing of the long-term viability of the
project and evidence of health care provider commitment
to the network.
The application should demonstrate the manner in which the
project will promote the integration of telehealth in the
community so as to avoid redundancy of technology and achieve
economies of scale.
(2) Eligible entities.--
(A) In general.--An eligible entity described in
this paragraph is a hospital or other health care
provider in a health care network of community-based
health care providers that includes at least 2 of the
following organizations:
(i) Community or migrant health centers.
(ii) State or local health departments.
(iii) Nonprofit hospitals or clinics.
(iv) Private practice health professionals,
including community and rural health clinics.
(v) Other publicly funded health or social
services agencies.
(vi) Skilled nursing facilities.
(vii) County mental health and other
publicly funded mental health facilities.
(viii) Providers of home health services.
(ix) Long-term care facilities.
(x) State prison systems.
(xi) Facilities operated by the Indian
Health Service or by an Indian tribe, tribal
organization, or an urban Indian organization
(as such terms are defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C.
1603)) directly, or under contract or other
arrangement.
(B) Inclusion of for-profit entities.--An eligible
entity may include for-profit entities so long as the
recipient of the grant is a not-for-profit entity.
(c) Preference.--The Secretary shall establish procedures to
prioritize financial assistance under this section based upon the
following considerations:
(1) The applicant is a health care provider in a health
care network or a health care provider that proposes to form
such a network that furnishes or proposes to furnish services
in a medically underserved area, health professional shortage
area, or mental health professional shortage area.
(2) The applicant is able to demonstrate broad geographic
coverage in the rural or medically underserved areas of the
State, or States in which the applicant is located.
(3) The applicant proposes to use Federal funds to develop
plans for, or to establish, telehealth systems that will link
rural hospitals and rural health care providers to other
hospitals, health care providers, and patients.
(4) The applicant will use the amounts provided for a range
of health care applications and to promote greater efficiency
in the use of health care resources.
(5) The applicant is able to demonstrate the long-term
viability of projects through cost participation (cash or in-
kind).
(6) The applicant is able to demonstrate financial,
institutional, and community support for the long-term
viability of the network.
(7) The applicant is able to provide a detailed plan for
coordinating system use by eligible entities so that health
care services are given a priority over non-clinical uses.
(d) Maximum Amount of Assistance to Individual Recipients.--The
Secretary shall establish, by regulation, the terms and conditions of
the grant and the maximum amount of a grant award to be made available
to an individual recipient for each fiscal year under this section. The
Secretary shall cause to have published in the Federal Register or the
``HRSA Preview'' notice of the terms and conditions of a grant under
this section and the maximum amount of such a grant for a fiscal year.
(e) Use of Amounts.--The recipient of a grant under this section
may use sums received under such grant for the acquisition of
telehealth equipment and modifications or improvements of
telecommunications facilities including the following:
(1) The development and acquisition through lease or
purchase of computer hardware and software, audio and video
equipment, computer network equipment, interactive equipment,
data terminal equipment, and other facilities and equipment
that would further the purposes of this section.
(2) The provision of technical assistance and instruction
for the development and use of such programming equipment or
facilities.
(3) The development and acquisition of instructional
programming.
(4) Demonstration projects for teaching or training medical
students, residents, and other health profession students in
rural or medically underserved training sites about the
application of telehealth.
(5) The provision of telenursing services designed to
enhance care coordination and promote patient self-management
skills.
(6) The provision of services designed to promote patient
understanding and adherence to national guidelines for common
chronic diseases, such as congestive heart failure or diabetes.
(7) Transmission costs, maintenance of equipment, and
compensation of specialists and referring health care
providers.
(8) Development of projects to use telehealth to facilitate
collaboration between health care providers.
(9) Electronic archival of patient records.
(10) Collection and analysis of usage statistics and data
that can be used to document the cost-effectiveness of the
telehealth services.
(11) Such other uses that are consistent with achieving the
purposes of this section as approved by the Secretary.
(f) Prohibited Uses.--Sums received under a grant under this
section may not be used for any of the following:
(1) To acquire real property.
(2) To purchase or install transmission equipment off the
premises of the telehealth site and any transmission costs not
directly related to the grant.
(3) For construction, except that such funds may be
expended for minor renovations relating to the installation of
equipment.
(4) Expenditures for indirect costs (as determined by the
Secretary) to the extent the expenditures would exceed more
than 20 percent of the total grant.
(g) Administration.--
(1) Nonduplication.--The Secretary shall ensure that
projects established using grants provided under this section
do not duplicate adequately established telehealth networks.
(2) Coordination with other agencies.--The Secretary shall
coordinate, to the extent practicable, with other Federal and
State agencies and not-for-profit organizations, operating
similar grant programs to pool resources for funding
meritorious proposals.
(3) Informational efforts.--The Secretary shall establish
and implement procedures to carry out outreach activities to
advise potential end users located in rural and medically
underserved areas of each State about the program authorized by
this section.
(h) Prompt Implementation.--The Secretary shall take such actions
as are necessary to carry out the grant program as expeditiously as
possible.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2003 through 2008.
SEC. 4. JOINT WORKING GROUP ON TELEHEALTH.
(a) In General.--
(1) Representation of rural areas.--The Joint Working Group
on Telehealth shall ensure that individuals that represent the
interests of rural areas and medically underserved areas are
members of the Group.
(2) Mission.--The mission of the Joint Working Group on
Telehealth is--
(A) to identify, monitor, and coordinate Federal
telehealth projects, data sets, and programs;
(B) to analyze--
(i) how telehealth systems are expanding
access to health care services, education, and
information;
(ii) the clinical, educational, or
administrative efficacy and cost-effectiveness
of telehealth applications; and
(iii) the quality of the telehealth
services delivered; and
(C) to make further recommendations for
coordinating Federal and State efforts to increase
access to health services, education, and information
in rural and medically underserved areas.
(3) Annual reports.--Not later than 2 years after the date
of enactment of this Act and each January 1 thereafter, the
Joint Working Group on Telehealth shall submit to Congress a
report on the status of the Group's mission and the state of
the telehealth field generally.
(b) Report Specifics.--Each annual report required under subsection
(a)(3) shall provide--
(1) an analysis of--
(A) the matters described in subsection (a)(2)(B);
(B) the Federal activities with respect to
telehealth; and
(C) the progress of the Joint Working Group on
Telehealth's efforts to coordinate Federal telehealth
programs; and
(2) recommendations for a coordinated Federal strategy to
increase health care access through telehealth.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for the Joint Working Group on
Telehealth to--
(1) carry out the mission of the Group (as described in
subsection (a)(2)); and
(2) prepare and submit the reports required under
subsection (a)(3). | Medicare Telehealth Validation Act of 2002 - Amends title XVIII (Medicare) the Social Security Act to expand access to telehealth services (professional services furnished via a telecommunications system, including the asynchronous transmission of health care information in single or multimedia formats) under the Medicare program: (1) beyond the demonstration program conducted in Alaska or Hawaii; (2) by increasing the types of originating sites, including skilled nursing facilities and assisted living facilities; and (3) by encouraging States to adopt provisions allowing for multistate practitioner licensure across State lines.Requires the Secretary of Health and Human Services, acting through the Director of the Office for the Advancement of Telehealth, to make grants to expand health care services in rural and medically underserved areas through the use of telehealth.Requires the Joint Working Group on Telehealth to include representatives of rural and medically underserved areas. | {"src": "billsum_train", "title": "A bill to improve the provision of telehealth services under the medicare program, to provide grants for the development of telehealth networks, and for other purposes."} | 2,855 | 198 | 0.632798 | 1.61058 | 0.765875 | 3.345679 | 16.339506 | 0.91358 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) When the Economic Growth and Tax Relief Reconciliation
Act of 2001 became law, the tax treatment of section 529
college savings plans was changed so that qualified
distributions were no longer taxed as income. The favorable tax
treatment of college savings plans was made permanent with the
passage of the Pension Protection Act of 2006.
(2) Section 529 college savings plans empower middle-class
families to accumulate savings to offset the rising costs of
attending college.
(3) The latest data from the College Savings Plan Network
shows that there are 11.83 million 529 accounts open throughout
all 50 states, which represent $244.5 billion in total assets.
The average 529 account size is $20,671.
(4) States that sponsor 529 college savings plans have
taken steps to ensure these plans are a tool that all families
can use to save for college, including setting minimum
contributions as low as $25 per month to encourage
participation by families of all income levels.
(5) The President's fiscal year 2016 Budget proposes
raising taxes by taxing certain future distributions made from
529 college savings plans.
(6) The tax proposed by the President would discourage the
use of 529 college savings plans, requiring families and
students to take on more debt.
(7) Purchase of a computer represents a significant higher
education expense and therefore should be eligible for
qualified distributions under 529 college savings plans.
(b) Purpose.--It is the purpose of this Act to--
(1) enact policies that strengthen 529 college savings
plans; and
(2) make 529 plans more modern, consumer-friendly, and
responsive to the realities faced by students today.
SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT PERMANENTLY ALLOWED AS A
QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529
ACCOUNTS.
(a) In General.--Section 529(e)(3)(A)(iii) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(iii) expenses for the purchase of
computer or peripheral equipment (as defined in
section 168(i)(2)(B)), computer software (as
defined in section 197(e)(3)(B)), or Internet
access and related services, if such equipment,
software, or services are to be used primarily
by the beneficiary during any of the years the
beneficiary is enrolled at an eligible
educational institution.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 3. ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS.
(a) In General.--Section 529(c)(3) of the Internal Revenue Code of
1986 is amended by striking subparagraph (D).
(b) Effective Date.--The amendment made by this section shall apply
to distributions after December 31, 2014.
SEC. 4. RECONTRIBUTION OF REFUNDED AMOUNTS.
(a) In General.--Section 529(c)(3) of the Internal Revenue Code of
1986, as amended by section 3, is amended by adding at the end the
following new subparagraph:
``(D) Special rule for contributions of refunded
amounts.--In the case of a beneficiary who receives a
refund of any qualified higher education expenses from
an eligible educational institution, subparagraph (A)
shall not apply to that portion of any distribution for
the taxable year which is recontributed to a qualified
tuition program of which such individual is a
beneficiary, but only to the extent such recontribution
is made not later than 60 days after the date of such
refund and does not exceed the refunded amount.''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply with respect to refunds of qualified higher education
expenses after December 31, 2014.
(2) Transition rule.--In the case of a refund of qualified
higher education expenses received after December 31, 2014, and
before the date of the enactment of this Act, section
529(c)(3)(D) of the Internal Revenue Code of 1986 (as added by
this section) shall be applied by substituting ``not later than
60 days after the date of the enactment of this
subparagraph'' for ``not later than 60 days after the date of
such refund''.
Passed the House of Representatives February 25, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on February 20, 2015. This bill makes changes to the rules for qualified tuition programs (known as 529 plans). (Sec. 2) The Internal Revenue Code is amended to allow payments from 529 plans for the purchase of computer or peripheral equipment, computer software, or Internet access and related services to be used primarily by a 529 plan beneficiary while enrolled in an eligible educational institution. (Sec. 3) The requirement that distributions from a 529 plan be aggregated for purposes of determining the amount includible in a taxpayer's income is eliminated. (Sec. 4) Students who receive a refund from an eligible educational institution can recontribute such refund to a 529 plan without tax consequences if the recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve 529 plans."} | 1,002 | 199 | 0.533251 | 1.644035 | 0.808532 | 2.815029 | 5.057803 | 0.82659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enterprise Rancheria Land
Restoration Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Enterprise Rancheria is 1 of several Federally
recognized tribes of Maidu Indians in the State of California
that function under a government-to-government relationship
with the Federal Government;
(2) the Maidu people lived for thousands of years along the
watershed of the Feather River drainage area in north central
California, near what is now known as the Sacramento Valley
floor, and near the confluence of the south, middle, north, and
west branches of the Feather River;
(3) in 1916, pursuant to section 3 of the Act of August 1,
1914 (38 Stat. 589, chapter 222), and other Federal laws
relating to homeless Indians, a parcel of land comprising
approximately 40.64 acres was purchased for Enterprise
Rancheria;
(4) in 1915, the Secretary of the Interior developed a
census of approximately 51 Maidu Indians, which is now used for
the purpose of establishing the base membership roll for the
Enterprise Rancheria;
(5) Enterprise Rancheria has been continuously federally
recognized since 1915 and was again recognized by virtue of
voting in an election on June 12, 1935, pursuant to section 19
of the Act of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (48 Stat. 984, chapter 576);
(6) Enterprise Rancheria has a constitution recognized by
the Bureau of Indian Affairs, a functioning governing body, and
approximately 664 enrolled members;
(7) on August 20, 1964, Public Law 88-453 was enacted,
which authorized the Secretary of the Interior to sell
Enterprise Rancheria No. 2 parcel to the State of California
for the approximate sum of $12,196, for the sole purpose of
construction of Oroville Dam;
(8) the State of California requested the law described in
paragraph (7) because Enterprise Rancheria No. 2 parcel would
be within the reservoir area of the Oroville Dam, an important
element of the California water plan;
(9) as a result of Public Law 88-453, Enterprise Rancheria
No. 2 parcel is nearly all under water within the reservoir of
the Oroville Dam;
(10) pursuant to Public Law 88-453, $11,175 was paid as
consideration for the 40.46 acres of Enterprise Rancheria No. 2
parcel, along with $1,020 for appraised personal property, for
a total purchase price of $12,196.00;
(11) the payment was distributed to 4 individuals, Henry B.
Martin, Vera Martin Kiras, Stanley Martin, and Ralph G. Martin,
who received a pro rata share of the proceeds;
(12) the remaining heirs and members of the Tribe received
no compensation for the sale of the land;
(13) subsequent to the sale of the Enterprise Rancheria No.
2 parcel, the Enterprise Rancheria members, having lost their
homes, community, and traditional homeland, were forced to
scatter throughout the surrounding foothill communities and the
Sacramento Valley area, which has caused a continuing decay of
their culture, language, and traditions;
(14) recognizing that the final resolution of any equitable
compensation claims based on the inequitable taking of
Enterprise Rancheria No. 2 parcel will take many years and
entail great expense to all parties, rectifying the loss of the
Enterprise Rancheria is imperative at this time;
(15) the uncertainty as to the availability of Enterprise
Rancheria land taken in 1964 should be settled as soon as
practicable to avoid further damage to the long-term economic,
social, cultural planning, and development of the Enterprise
Rancheria;
(16) to advance and fulfill the goals of Federal Indian
policy and the responsibility of the United States to protect
the land base and members of Enterprise Rancheria, it is
appropriate that the United States participate in the
implementation of restoring the land in accordance with this
Act; and
(17) this Act settles all claims Enterprise Rancheria may
have regarding any equitable compensation based on the taking
of the original Enterprise Rancheria No. 2 parcel in 1964.
(b) Purposes.--The purposes of this Act are--
(1) to rectify an inequitable taking of land owned by
Enterprise Rancheria, specifically that parcel known as
Enterprise Rancheria No. 2 parcel, which comprised
approximately 40.64 acres, in a manner that is consistent with
the trust responsibility of the United States toward Federally
recognized Indian tribes;
(2) to restore land to the Enterprise Rancheria and improve
the socioeconomic, cultural, and traditional aspects of the
Maidu people of the Enterprise Rancheria, through land that can
be used for economic development to improve the social,
cultural, governmental, educational, health, and general
welfare of Enterprise Rancheria and members of the Enterprise
Rancheria; and
(3) to require that land not to exceed 41 acres acquired by
Enterprise Rancheria within the 40-mile radius of Enterprise
Rancheria No. 2 parcel and within the Estom Yumeka Maidu aboriginal
boundaries, if approved for trust status pursuant to part 151 of title
25, Code of Federal Regulations (or a successor regulation), be treated
for all legal purposes as the restoration of land for an Indian tribe
that is restored to Federal recognition.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aboriginal boundaries.--The term ``aboriginal
boundaries'' means the boundaries of the land occupied and
possessed by the Maidu people prior to conquest, as a defined
area of what is now California, designated as the land near and
around the confluence of the Feather River within the
Sacramento Valley.
(2) Acquired land.--The term ``acquired land'' means that
land purchased on or after the date of enactment of this Act to
restore land taken from the Enterprise Rancheria for the State
of California, pursuant to Public Law 88-453.
(3) Enterprise rancheria.--The term ``Enterprise
Rancheria'' means the Rancheria Tribe that was federally
recognized on April 20, 1915, with a governing constitution,
approved April 12, 1995.
(4) Enterprise rancheria no. 2 parcel.--The term
``Enterprise Rancheria No. 2 parcel'' means the original 40.64
acre land base parcel belonging to the Maidu Indians that was
established and purchased by the United States and placed in
trust status for the homeless Maidu people in the area of the
parcel.
(5) Feather river drainage area.--The term ``Feather River
drainage area'' means the area near and around the confluence
of the south, middle, north, and west branches of the Feather
River and drainage area below the confluence.
(6) Rancheria act.--The term ``Rancheria Act'' means Public
Law 85-671 (commonly known as the ``California Rancheria
Act''), which terminated 38 California Rancherias.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Trust status.--The term ``trust status'' means the
status of land, the title of which is held by the United States
on behalf and for the beneficial use of recognized Indian
tribes in accordance with part 151 of title 25, Code of Federal
Regulations (or a successor regulation).
SEC. 4. PLACEMENT OF ACQUIRED LAND IN TRUST STATUS.
The Secretary may place into trust status not to exceed 41 acres of
land of the Enterprise Rancheria, if the land is approved for trust
status.
SEC. 5. REPLACEMENT LAND.
(a) Purchase.--To restore the Enterprise Rancheria No. 2 parcel,
the Enterprise Rancheria may purchase not to exceed 41 acres of
replacement land within the 40-mile radius of Enterprise Rancheria No.
2 parcel and within the aboriginal boundaries of the Estom Yumeka
Maidu.
(b) Trust Status.--The Secretary may place the replacement land
into trust status, the title to which shall be held in trust by the
United States for the benefit of Enterprise Rancheria, if all Federal
requirements of placing the land into trust status are satisfied.
(c) Treatment of Replacement Land.--The acquisition of land under
subsection (a) shall be treated as the restoration of land for an
Indian tribe that is recognized by the Federal Government.
SEC. 6. EFFECT ON TRUST STATUS.
This Act does not limit the authority of the Secretary to approve
or deny any land application for trust status.
SEC. 7. FULL SATISFACTION OF CLAIMS.
On the placement of the land described in section 5 into trust
status, the Enterprise Rancheria shall be considered to have
relinquished all equitable compensation claims the Enterprise Rancheria
may have against the United States and the State of California arising
from the sale of Enterprise Rancheria No. 2 parcel. | Enterprise Rancheria Land Restoration Act of 2004 - Authorizes the Secretary of the Interior to place into trust status not to exceed 41 acres of land of the Enterprise Rancheria (one of several Federally recognized tribes of Maidu Indians in California), if the land is approved for trust status.
Provides that, to restore the Enterprise Rancheria No. 2 parcel, the Enterprise Rancheria may purchase not to exceed 41 acres of replacement land within the 40 mile radius of Enterprise Rancheria No. 2 parcel and within the aboriginal boundaries of the Estom Yumeka.
Allows the Secretary to place the replacement land into trust status, the title to which shall be held in trust by the United States for the benefit of Enterprise Rancheria.
Provides that: (1) the acquisition of land above shall be treated as the restoration of land for an Indian tribe that is recognized by the Federal Government; (2) this Act does not limit the authority of the Secretary to approve or deny any land application for trust status; and (3) on the placement of replacement land into trust status, the Enterprise Rancheria shall be considered to have relinquished all equitable compensation claims the Enterprise Rancheria may have against the United States and California arising from the sale of Enterprise Rancheria No. 2 parcel. | {"src": "billsum_train", "title": "A bill to restore land to the Enterprise Rancheria to rectify an inequitable taking of the land."} | 1,935 | 262 | 0.557141 | 1.945714 | 0.796873 | 7.365145 | 7.427386 | 0.975104 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Washington Metropolitan Area Transit Authority
(``WMATA'') provides approximately 2.3 million Metrorail and
Metrobus trips per year across the National Capital Region to
Federal employees, commuters, and millions of visitors to the
Nation's capital.
(2) Approximately 40 percent of WMATA peak-hour commuters
are Federal employees.
(3) WMATA began building its rail system in 1969 and
currently serves 91 stations and has 117 miles of track.
(4) The Federal Transit Administration (``FTA'') and the
National Transportation Safety Board (``NTSB'') have found
significant safety concerns resulting from a backlog of
deferred maintenance.
(5) By closing the system earlier on weekends and expanding
weekday maintenance, SafeTrack will address FTA and NTSB safety
recommendations and deferred maintenance backlogs.
(6) The plan includes 15 ``Safety Surges'' with around-the-
clock single tracking or segment shutdowns that will impact
rush hour commutes.
(7) SafeTrack is scheduled to conclude in March 2017.
(8) During the course of SafeTrack, WMATA is encouraging
customers to utilize other commuting options, including ride-
sharing services.
(9) The Federal Government, which is negatively affected
when its employees cannot easily commute to and from work, has
an interest in assisting employees with alternate commuting
options during the course of SafeTrack.
SEC. 2. RIDE-SHARING SERVICES PROVIDED BY A TRANSPORTATION NETWORK
COMPANY.
(a) In General.--Paragraph (1) of section 132(f) of the Internal
Revenue Code of 1986 is amended by adding at the end the following: ``,
or through the qualified use of services provided by a transportation
network company,''.
``(E) Any qualified ride-sharing service provided
after the date of the enactment of this subparagraph
and before June 1, 2017.''.
(b) Qualified Ride-Sharing Services.--Paragraph (5) of section
132(f) of such Code is amended by adding at the end the following:
``(G) Qualified ride-sharing service.--
``(i) In general.--The term `qualified
ride-sharing service' means transportation
provided through a transportation network
company if--
``(I) such transportation is in
connection with travel between the
employee's residence and place of
employment, both of which are located
within the Washington Metropolitan
Area,
``(II) the employee is an employee
of a Government agency and receives
transit benefits from the agency, and
``(III) such transportation is
through the use of services that
utilize innovative mobility
technologies to provide alternatives to
driving alone, including car-share,
bike-share, carpool or vanpool,
multimodal fare payment system, app-
based mobility provider, and other
innovative projects.
``(ii) Washington metropolitan area.--The
term `Washington Metropolitan Area' means the
District of Columbia; Montgomery, Prince
George's, and Frederick Counties in Maryland;
Arlington, Fairfax, Loudon, and Prince William
Counties in Virginia; and all cities now or
hereafter existing in Maryland or Virginia
within the geographic area bounded by the outer
boundaries of the combined area of said
counties.''.
(c) Limitation on Exclusion.--Paragraph (2) of section 132(f) of
such Code is amended by striking ``subparagraphs (A) and (B)'' and
inserting ``subparagraphs (A), (B), and (D)''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
SEC. 3. TRANSIT BENEFITS FOR SERVICES OF TRANSPORTATION NETWORK
COMPANIES.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on June 1, 2017, or a date determined
under subsection (d), whichever is earlier, the head of any agency that
has a program, including any program established under section 7905 of
title 5, United States Code, or Executive Order 13150 (April 21, 2000;
65 Fed. Reg. 24613), to provide transit benefits to employees of the
agency shall provide transit benefits to employees who use the services
of transportation network companies within the Washington Metropolitan
Area in the same manner as such head provides transit benefits to
employees who use public transportation services within the Washington
Metropolitan Area.
(b) Requirements.--
(1) Election.--An employee may receive transportation
network companies benefits under this section only if the
employee agrees in writing not to accept any other transit
benefit, including any parking benefit, offered by the
applicable agency head while receiving such transportation
network companies benefits.
(2) Limit.--The amount of the transit benefit provided to
an employee under this section during any month for the use of
the services of transportation network companies may not exceed
the amount of the transit benefit that would have been provided
to the employee during the month for the use of public
transportation services.
(c) Definitions.--In this section--
(1) the term ``transportation network company'' means a
corporation, limited liability company, partnership, sole
proprietor, or any other entity that utilizes innovative
mobility technologies to provide alternatives to driving alone,
including car-share, bike-share, carpool or vanpool, multimodal
fare payment system, app-based mobility providers, and other
innovative projects; and
(2) the term ``Washington Metropolitan Area'' means the
District of Columbia; Montgomery, Prince George's, and
Frederick Counties in Maryland; Arlington, Fairfax, Loudon, and
Prince William Counties in Virginia; and all cities now or
hereafter existing in Maryland or Virginia within the
geographic area bounded by the outer boundaries of the combined
area of said counties.
(d) Early Completion of SafeTrack.--If the program conducted by the
Washington Metropolitan Area Transit Authority (commonly referred to as
``SafeTrack'') is completed on a date before June 1, 2017, an agency
head shall, beginning on such date, discontinue the provision of
transit benefits for the use of transportation network companies under
this section. | This bill amends the Internal Revenue Code to treat any qualified ride-sharing service provided after the date of the enactment of this bill and before June 1, 2017, as a qualified transportation fringe benefit that is excluded from an employee's gross income. A qualified ride-sharing service is transportation provided through a transportation network company if: the transportation is in connection with travel between the employee's residence and place of employment, both of which are located within the Washington Metropolitan Area; the employee is an employee of a government agency and receives transit benefits from the agency; and the transportation is through the use of services that utilize innovative mobility technologies to provide alternatives to driving alone. The benefit is subject to a limit on the aggregate amount of certain transportation fringe benefits that may be excluded from gross income. During the period beginning with the enactment of this bill and ending on the earlier of June 1, 2017, or the completion of the Washington Metropolitan Area Transit Authority's maintenance program (commonly referred to as "SafeTrack"), agencies that provide transit benefits to employees must provide benefits for using transportation network companies within the Washington Metropolitan Area in the same manner as benefits are provided for using public transportation services in the area. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to treat certain ride-sharing services provided by transportation network companies as excludable transportation fringe benefits, and for other purposes."} | 1,365 | 258 | 0.610091 | 1.807668 | 0.717737 | 3.579167 | 5.279167 | 0.870833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Export Facilitation Act
of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The export sector of United States agriculture makes an
important positive contribution to this country's trade
balance.
(2) According to the United States Department of
Agriculture, Foreign Agricultural Service, the total value of
United States exports of agricultural products shipped to Cuba
since 2000 when such sales were first authorized by Congress is
approximately $2,511,600,000, excluding transportation, port
fees, and insurance costs beyond the port of exportation.
During the 2001, 2002, 2003, 2004, 2005, 2006, 2007, and 2008
calendar years Cuba purchased from United States exporters
approximately $4,600,000; $139,800,000; $247,600,000;
$383,900,000; $346,000,000; $320,800,000; $431,200,000; and
$691,103,000 in food and agricultural products, respectively.
Cuba is therefore an important source of revenue for United
States agriculture and its affiliated industries, such as
manufacturers and distributors of value-added food products.
(3) To be competitive in sales to Cuban purchasers, United
States exporters of agricultural products and their
representatives, including representatives of United States air
or sea carriers, ports, and shippers, must have ready and
reliable physical access to Cuba. Such access is currently
uncertain because, under existing regulations, United States
exporters and their representatives must apply for and receive
special Department of the Treasury licenses to travel to Cuba
to engage in sales-related activities. The issuance of such
licenses is subject to both administrative delays and periodic
denials. A blanket statutory authorization for sales and
transport-related travel to Cuba by United States exporters
will remove the current bureaucratic impediment to agricultural
product sales endorsed by Congress when it passed the Trade
Sanctions Reform and Export Enhancement Act of 2000.
(4) On many occasions visas to enter the United States have
been delayed and often denied to prospective Cuban purchasers
of products authorized under the Trade Sanctions Reform and
Export Enhancement Act of 2000. The result has been that family
farmers and other small producers and distributors of
agricultural products who lack the resources to fund sales
delegations to Cuba have been denied access to potential
purchasers in that country. A simple solution is to issue visas
to Cuban nationals who demonstrate an itinerary of meetings
with prospective United States exporters of products authorized
under the Trade Sanctions Reform and Export Enhancement Act of
2000. In addition, visas should be issued to Cuban
phytosanitary inspectors who require entry into the United
States to conduct on-premise inspections of production and
processing facilities and the products of potential United
States exporters.
(5) The Trade Sanctions Reform and Export Enhancement Act
of 2000 requires ``payment of cash in advance'' for United
States agricultural exports to Cuba. Some Federal agencies
responsible for the implementation of the Trade Sanctions
Reform and Export Enhancement Act of 2000 have expressed the
view that ``cash in advance'' requires that payment be received
by a United States exporter in advance of shipment of goods to
Cuba. Indeed, in late 2004 payments due United States exporters
from purchasers in Cuba were frozen in United States banks
while the terms of those payments were reviewed unnecessarily.
This action by the Department of the Treasury has created a
climate of commercial uncertainty that has inhibited
agricultural sales to Cuba under the Trade Sanctions Reform and
Export Enhancement Act of 2000.
(6) There is nothing in either the Trade Sanctions Reform
and Export Enhancement Act of 2000 itself or its legislative
history to support the view that Congress intended payment to
be made in advance of the shipment of goods from the United
States to Cuba. It was and is the intent of Congress that a
seller of a product authorized under the Trade Sanctions Reform
and Export Enhancement Act of 2000 receive payment only before
a Cuban purchaser takes physical possession of that product.
(7) At present it is the policy of the United States
Government to prohibit direct payment between Cuban and United
States financial institutions. As a result, Cuban purchasers of
products authorized under the Trade Sanctions Reform and Export
Enhancement Act of 2000 must route their payments through third
country banks that charge a fee for this service. Allowing
direct payments between Cuban and United States financial
institutions will permit the United States exporters to receive
payment directly to their financial institutions within hours
instead of days and will eliminate an unnecessary transactional
fee, thereby allowing Cuban purchasers to purchase more United
States origin agricultural products.
(b) Purpose.--The purpose of this Act is to restate the intent of
Congress with respect to the Trade Sanctions Reform and Export
Enhancement Act of 2000, to remove impediments to present and future
sales of United States agricultural products to Cuba under such Act,
and to otherwise facilitate such sales.
SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES
UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT
ACT OF 2000.
Section 910 of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7209) is amended by striking subsection (a) and
inserting the following:
``(a) Authorization of Travel Relating to Commercial Sale of
Agricultural Commodities, Medicine, and Medical Devices.--
``(1) In general.--The Secretary of the Treasury shall
promulgate regulations under which, at a minimum, the travel-
related transactions described in paragraph (2) may be
authorized by specific license or general license for travel
to, from, or within Cuba in connection with--
``(A) commercial export sales and transportation of
agricultural commodities, medicine, and medical devices
pursuant to this Act; and
``(B) sales and marketing activities of
agricultural commodities, medicine, and medical devices
pursuant to this Act.
``(2) Authorized travel-related transactions.--The travel-
related transactions referred to in paragraph (1) are the
following:
``(A) All transportation-related transactions
ordinarily incident to travel to and from Cuba.
``(B) All transactions ordinarily incident to
travel anywhere within Cuba.
``(C) The importation of Cuba-origin information
and information materials.
``(D) Remittances to nationals of Cuba who are
members of the remitter's immediate family.
``(E) All transactions incident to the processing
and payment of checks, drafts, travelers' checks, and
similar instruments negotiated in Cuba by any person
authorized pursuant to this Act to engage in financial
transactions in Cuba.
``(3) Sales and marketing activities defined.--
``(A) In general.--In paragraph (1), the term
`sales and marketing activities'--
``(i) means any activity that is undertaken
by a United States person in order to explore
the market in Cuba for the sale of agricultural
commodities, medicine, and medical devices
pursuant to this Act; and
``(ii) includes exhibiting, negotiating,
marketing, surveying the market, and delivering
and servicing agricultural commodities,
medicine, and medical devices pursuant to this
Act.
``(B) United states person defined.--In
subparagraph (A), the term `United States person'--
``(i) means the Federal Government, any
State or local government, or any private
person or entity of the United States; and
``(ii) includes a full-time employee,
executive, sales agent or consultant of a
producer, manufacturer, distributor, shipper,
United States air or seaport, or a carrier of
agricultural commodities, medicine, and medical
devices authorized for sale pursuant to this
Act, as well as an exhibitor, representative,
or member of a national or State trade
organization that promotes the interests of a
producer, manufacturer, or distributor of such
products.''.
SEC. 4. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE
TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF
2000.
(a) Issuance of Visas.--Notwithstanding any other provision of law,
in the case of a Cuban national whose itinerary documents an intent to
conduct activities, including phytosanitary inspections, related to
purchasing United States agricultural goods under the provisions of the
Trade Sanctions Reform and Export Enhancement Act of 2000, a consular
officer (as defined in section 101(a)(9) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa
under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to
the national, if the national is not inadmissible to the United States
under section 212 of such Act (8 U.S.C. 1182).
(b) Periodic Reports.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act and every 3 months thereafter the
Secretary of State shall submit to the Committees on Finance,
Agriculture, Nutrition, and Forestry, and Foreign Relations of
the Senate and the Committees on Agriculture, Ways and Means,
and Foreign Affairs of the House of Representatives a report on
the issuance of visas described in subsection (a).
(2) Content of reports.--Each report shall contain a full
description of each application received from a Cuban national
to travel to the United States to engage in purchasing
activities pursuant to the Trade Sanctions Reform and Export
Enhancement Act of 2000 and shall describe the disposition of
each such application.
SEC. 5. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM
AND EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) the term `payment of cash in advance' means,
notwithstanding any other provision of law, the payment
by the purchaser of an agricultural commodity or
product and the receipt of such payment by the seller
prior to--
``(i) the transfer of title of such
commodity or product to the purchaser; and
``(ii) the release of control of such
commodity or product to the purchaser.''.
SEC. 6. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
STATES FINANCIAL INSTITUTIONS UNDER THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
Notwithstanding any other provision of law, the President may not
restrict direct transfers from a Cuban financial institution to a
United States financial institution executed in payment for a product
authorized for sale under the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). | Agricultural Export Facilitation Act of 2009 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to require the Secretary of the Treasury to authorize under a specific or general license certain travel-related transactions for travel to, from, or within Cuba in connection with: (1) commercial export sales and transportation of agricultural commodities, medicine, and medical devices; and (2) sales and marketing activities of such articles.
Authorizes a consular official to issue a temporary tourist/business visa to a Cuban national (who is not otherwise inadmissible) whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of the Act.
Amends the Act to define "payment in cash in advance" as the payment by the purchaser of an agricultural commodity or product and the receipt of payment by the seller prior to the transfer of title and release of control of the commodity or product to the purchaser.
Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under the Act. | {"src": "billsum_train", "title": "To facilitate the sale of United States agricultural products to Cuba, as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000."} | 2,493 | 247 | 0.533407 | 1.795962 | 0.762124 | 4.439252 | 10.313084 | 0.915888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mammography Quality Standards
Reauthorization Act of 1998''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 354(r)(2) of the Public Health Service Act
(42 U.S.C. 263b(r)(2)) is amended in each of subparagraphs (A) and (B)
by striking ``1997'' and inserting ``2002''.
(b) Technical Amendments.--Section 354(r)(2) of the Public Health
Service Act (42 U.S.C. 263b(r)(2)) is amended in subparagraph (A) by
striking ``subsection (q)'' and inserting ``subsection (p)'', and in
subparagraph (B) by striking ``fiscal year'' and inserting ``fiscal
years''.
SEC. 3. APPLICATION OF CURRENT VERSION OF APPEAL REGULATIONS.
Section 354(d)(2)(B) of the Public Health Service Act (42 U.S.C.
263b(d)(2)(B)) is amended by striking ``42 C.F.R. 498 and in effect on
the date of the enactment of this section'' and inserting ``part 498 of
title 42, Code of Federal Regulations''.
SEC. 4. ACCREDITATION STANDARDS.
(a) In General.--Section 354(e)(1)(B) of the Public Health Service
Act (42 U.S.C. 263b(e)(1)(B)) is amended--
(1) in clause (i), by striking ``practicing physicians'' each
place such term appears and inserting ``review physicians''; and
(2) in clause (ii), by striking ``financial relationship'' and
inserting ``relationship''.
(b) Definition.--Section 354(a) of the Public Health Service Act
(42 U.S.C. 263b(a)) is amended by adding at the end the following:
``(8) Review physician.--The term `review physician' means a
physician as prescribed by the Secretary under subsection (f)(1)(D)
who meets such additional requirements as may be established by an
accreditation body under subsection (e) and approved by the
Secretary to review clinical images under subsection (e)(1)(B)(i)
on behalf of the accreditation body.''.
SEC. 5. CLARIFICATION OF FACILITIES' RESPONSIBILITY TO RETAIN MAMMOGRAM
RECORDS.
Section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C.
263b(f)(1)(G)) is amended by striking clause (i) and inserting the
following:
``(i) a facility that performs any mammogram--
``(I) except as provided in subclause (II),
maintain the mammogram in the permanent medical records
of the patient for a period of not less than 5 years,
or not less than 10 years if no subsequent mammograms
of such patient are performed at the facility, or
longer if mandated by State law; and
``(II) upon the request of or on behalf of the
patient, transfer the mammogram to a medical
institution, to a physician of the patient, or to the
patient directly; and''.
SEC. 6. DIRECT REPORTS TO PATIENTS.
Section 354(f)(1)(G)(ii) of the Public Health Service Act (42
U.S.C. 263b(f)(1)(G)(ii)) is amended by striking subclause (IV) and
inserting the following:
``(IV) whether or not such a physician is available or
there is no such physician, a summary of the written report
shall be sent directly to the patient in terms easily
understood by a lay person; and''.
SEC. 7. SCOPE OF INSPECTIONS.
Section 354(g)(1)(A) of the Public Health Service Act (42 U.S.C.
263b(g)(1)(A)) is amended in the first sentence--
(1) by striking ``certified''; and
(2) by inserting ``the certification requirements under
subsection (b) and'' after ``compliance with''.
SEC. 8. DEMONSTRATION PROGRAM REGARDING FREQUENCY OF INSPECTIONS.
Section 354(g) of the Public Health Service Act (42 U.S.C. 263b(g))
is amended--
(1) in paragraph (1)(E), by inserting ``, subject to paragraph
(6)'' before the period; and
(2) by adding at the end the following paragraph:
``(6) Demonstration program.--
``(A) In general.--The Secretary may establish a
demonstration program under which inspections under paragraph
(1) of selected facilities are conducted less frequently by the
Secretary (or as applicable, by State or local agencies acting
on behalf of the Secretary) than the interval specified in
subparagraph (E) of such paragraph.
``(B) Requirements.--Any demonstration program under
subparagraph (A) shall be carried out in accordance with the
following:
``(i) The program may not be implemented before April
1, 2001. Preparations for the program may be carried out
prior to such date.
``(ii) In carrying out the program, the Secretary may
not select a facility for inclusion in the program unless
the facility is substantially free of incidents of
noncompliance with the standards under subsection (f). The
Secretary may at any time provide that a facility will no
longer be included in the program.
``(iii) The number of facilities selected for inclusion
in the program shall be sufficient to provide a
statistically significant sample, subject to compliance
with clause (ii).
``(iv) Facilities that are selected for inclusion in
the program shall be inspected at such intervals as the
Secretary determines will reasonably ensure that the
facilities are maintaining compliance with such
standards.''.
SEC. 9. CLARIFICATION OF AUTHORITY TO DELEGATE INSPECTION
RESPONSIBILITY TO LOCAL GOVERNMENT AGENCIES.
Section 354 of the Public Health Service Act (42 U.S.C. 263b) is
amended--
(1) in subsections (a)(4), (g)(1), (g)(3), and (g)(4), by
inserting ``or local'' after ``State'' each place such term
appears;
(2) in the heading of subsection (g)(3), by inserting ``or
local'' after ``state''; and
(3) in subsection (i)(1)(D)--
(A) by inserting ``or local'' after ``State'' the first
place such term appears; and
(B) by inserting ``or local agency'' after ``State'' the
second place such term appears.
SEC. 10. PATIENT NOTIFICATION CONCERNING HEALTH RISKS.
(a) Requirement.--Section 354(h) of the Public Health Service Act
(42 U.S.C. 263b(h)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Patient information.--If the Secretary determines that
the quality of mammography performed by a facility (whether or not
certified pursuant to subsection (c)) was so inconsistent with the
quality standards established pursuant to subsection (f) as to
present a significant risk to individual or public health, the
Secretary may require such facility to notify patients who received
mammograms at such facility, and their referring physicians, of the
deficiencies presenting such risk, the potential harm resulting,
appropriate remedial measures, and such other relevant information
as the Secretary may require.''.
(b) Civil Money Penalty.--Section 354(h)(3) of the Public Health
Service Act (42 U.S.C. 263b(h)(3)), as redesignated by subsection
(a)(1), is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D); and
(3) by inserting after subparagraph (B) the following:
``(C) each failure to notify a patient of risk as required
by the Secretary pursuant to paragraph (2), and''.
(c) Conforming Amendment.--Section 354(h)(4) of the Public Health
Service Act (42 U.S.C. 263b(h)(4)), as redesignated by subsection
(a)(1), is amended by striking ``paragraphs (1) and (2)'' and inserting
``paragraphs (1) through (3)''.
SEC. 11. REQUIREMENT TO COMPLY WITH INFORMATION REQUESTS.
Section 354(i)(1)(C) of the Public Health Service Act (42 U.S.C.
263b(i)(1)(C)) is amended--
(1) by inserting after ``Secretary'' the first place such term
appears the following: ``(or of an accreditation body approved
pursuant to subsection (e))''; and
(2) by inserting after ``Secretary'' the second place such term
appears the following: ``(or such accreditation body or State
carrying out certification program requirements pursuant to
subsection (q))''.
SEC. 12. ADJUSTMENT TO SEVERITY OF SANCTIONS.
Section 354(i)(2)(A) of the Public Health Service Act (42 U.S.C.
263b(i)(2)(A)) is amended by striking ``makes the finding'' and all
that follows and inserting the following: ``has reason to believe that
the circumstance of the case will support one or more of the findings
described in paragraph (1) and that--
``(i) the failure or violation was intentional; or
``(ii) the failure or violation presents a serious risk
to human health.''.
SEC. 13. TECHNICAL AMENDMENT.
Section 354(q)(4)(B) of the Public Health Service Act (42 U.S.C.
263b(q)(4)(B)) is amended by striking ``accredited'' and inserting
``certified''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Mammography Quality Standards Reauthorization Act of 1998 - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities.
Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date).
Requires that standards for accreditation bodies: (1) mandate review of clinical images by qualified review physicians (currently, by qualified practicing physicians); and (2) prohibit those conducting reviews from having any relationship (currently, any financial relationship) with the facility being reviewed that would constitute a conflict of interest.
Modifies mammogram record retention requirements.
Requires that a summary of the written report regarding a mammography be sent directly to the patient (regardless of whether there is a physician of the patient available) in terms easily understood by a lay person.
Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Authorizes a demonstration program under which inspections are conducted less often than the current minimum of annually. Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services.
Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply.
Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing. | {"src": "billsum_train", "title": "Mammography Quality Standards Reauthorization Act of 1998"} | 2,434 | 368 | 0.467468 | 1.410092 | 0.714461 | 1.92283 | 6.189711 | 0.803859 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing for Tomorrow's Schools Act
of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 2005 study conducted by the American
School & University, $29.08 billion was spent to address the
Nation's education infrastructure needs in 2004, with the
average total cost of a new high school at $27 million.
(2) According to the National Center for Education
Statistics, an estimated $127 billion in school repair,
modernization, expansion, and construction is needed.
(3) Approximately 14 million American students attend
schools which report the need for extensive repair or
replacement of one or more buildings.
(4) Academic research has proven a direct correlation
between the condition of school facilities and student
achievement. At Georgetown University, researchers found that
students assigned to schools in poor conditions can be expected
to fall 10.9 percentage points behind those in buildings in
excellent condition. Similar studies have demonstrated up to a
20 percent improvement in test scores when students were moved
from a poor facility to a new facility.
(5) The Director of Education and Employment Issues at the
Government Accounting Office testified that nearly 52 percent
of schools, affecting 21.3 million students, reported
insufficient technology elements for 6 or more areas.
(6) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(7) The challenges facing our Nation's public elementary
and secondary schools and libraries require the concerted
efforts of all levels of government and all sectors of the
community.
(8) The United States' competitive position within the
world economy is vulnerable if America's future workforce
continues to be educated in schools and libraries not equipped
for the 21st century.
(9) The deplorable state of collections in America's public
school libraries has increased the demands on public libraries.
In many instances, public libraries substitute for school
libraries creating a higher demand for material and physical
space to house literature and educational computer equipment.
(10) Research shows that 50 percent of a child's
intellectual development takes place before age 4. Our Nation's
public and school libraries play a critical role in a child's
early development because they provide a wealth of books and
other resources that can give every child a head start on life
and learning.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of the Treasury, in consultation
with the Secretary of Education, may enter into cooperative
agreements with States for the establishment of State
infrastructure banks and multistate infrastructure banks for
making loans to local educational agencies for building or
repairing elementary or secondary schools which provide free
public education (as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) and to public libraries for building or repairing
library facilities.
(2) Interstate compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary of the Treasury for the
establishment of a multistate infrastructure bank, to enter
into an interstate compact establishing such bank in accordance
with this section.
(b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local educational agencies and public
libraries. Each bank shall apply repayments of principal and interest
on loans to the making of additional loans. The Secretary shall take
final action on an application for a grant under this subsection within
90 days of the date of the submittal of such application.
(c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the bank under subsection (b);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (5); and
(8) require the bank to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans to a local educational agency or a
public library in an amount equal to all or part of the cost of
carrying out a project eligible for assistance under this
section.
(2) Applications for loans.--An application to an
infrastructure bank by a local educational agency or a public
library for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements;
(D) a description of how work undertaken with the
loan will promote energy conservation; and
(E) such other information as the infrastructure
bank may require.
An infrastructure bank shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan an infrastructure bank shall consider--
(A) the extent to which the local educational
agency or public library involved lacks the fiscal
capacity, including the ability to raise funds through
the full use of such agency's bonding capacity and
otherwise, to undertake the project for which the loan
would be used without the loan;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
project poses to the safety and well-being of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(e) Qualifying Projects.--
(1) In general.--A project is eligible for a loan from an
infrastructure bank if it is a project that consists of--
(A) the construction of new elementary or secondary
schools to meet the needs imposed by enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning, including the
repair of leaking roofs, crumbling walls, inadequate
plumbing, poor ventilation equipment, and inadequate
heating or light equipment;
(C) an activity to increase physical safety at the
educational facility involved;
(D) an activity to enhance the educational facility
involved to provide access for students, teachers, and
other individuals with disabilities;
(E) an activity to address environmental hazards at
the educational facility involved, such as poor
ventilation, indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste disposal, treatment,
and storage requirements mandated by the
Resource Conservation and Recovery Act of 1976
or similar State laws;
(H) work that will enable efficient use of
available energy resources, especially coal, solar
power, and other renewable energy resources;
(I) work to detect, remove, or otherwise contain
asbestos hazards in educational facilities; or
(J) work to construct new public library facilities
or repair or upgrade existing public library
facilities.
(2) Davis-bacon.--The wage requirements of the Act of March
3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a
et seq.) shall apply with respect to individuals employed on
the projects described in paragraph (1).
(3) Healthy high performance schools.--
(A) Establishment of guidelines.--After
consultation with States and consideration of leading
green building standards, the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency,
shall establish Healthy, High Performance School
Guidelines, which shall provide guidance for the
construction and renovation of schools, education
facilities, and libraries relating to energy
efficiency, renewable energy, water use, building
materials, indoor environmental quality, and such other
matters as the Secretary considers to be appropriate.
(B) Applicability of guidelines.--A local
educational agency or public library using a loan under
this section to fund a new construction or renovation
project described in paragraph (1) shall ensure that
the project conforms, to the maximum extent
practicable, to the Healthy, High Performance School
Guidelines in subparagraph (A).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section 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
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--For each of fiscal years 2008 through
2012, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $500,000,000 for fiscal year 2008 and for each of the
next 4 fiscal years.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
(2) Outlying area.--The term ``outlying area'' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(3) Public library.--The term ``public library'' means a
library that serves free of charge all residents of a
community, district, or region, and receives its financial
support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this
sentence, means a library that--
(A) makes its services available to the public free
of charge;
(B) has extensive collections of books,
manuscripts, and other materials suitable for scholarly
research which are not available to the public through
public libraries;
(C) engages in the dissemination of humanistic
knowledge through services to readers, fellowships,
educational and cultural programs, publication of
significant research, and other activities; and
(D) is not an integral part of an institution of
higher education.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas. | Investing for Tomorrow's Schools Act of 2007 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states for the establishment of state infrastructure banks and multistate infrastructure banks for making loans to local educational agencies and public libraries for building or repairing public elementary or secondary schools and public library facilities.
Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks.
Directs the Secretary to make grants to such banks to provide initial capital for such loans.
Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank.
Lists types of projects eligible for such bank loans.
Directs the Secretary to establish Healthy, High Performance School Guidelines for the construction and renovation of schools, education facilities, and libraries relating to energy efficiency, renewable energy, water use, building materials, indoor environmental quality, and other appropriate matters.
Requires any local educational agency or public library using a loan under this Act to fund a new construction or renovation project to ensure that the project conforms, to the maximum extent practicable, to such Healthy, High Performance School Guidelines. | {"src": "billsum_train", "title": "To establish State infrastructure banks for education."} | 3,152 | 247 | 0.423573 | 1.281092 | 0.846837 | 4.196429 | 13.90625 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Credit Availability
Act''.
SEC. 2. CLARIFICATION OF SWAP DEALER DEFINITION.
Section 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is
amended by striking all that follows subparagraph (A)(iv) through
subparagraph (C) and inserting the following:
``provided however, in no event shall an insured
depository institution, an institution chartered and
operating under the Farm Credit Act of 1971, or a
United States uninsured branch or agency of a foreign
bank that has a prudential regulator be considered to
be a swap dealer to the extent that it enters into a
swap--
``(I) with a customer that is seeking to
manage risk in connection with an extension of
credit by the institution to, on behalf of, or
for the benefit of, the customer; or
``(II) to offset the risks arising from a
swap that meets the requirement of subclause
(I).
``(B) Inclusion.--A person may be designated as a
swap dealer for a single type or single class or
category of swap or activities and considered not to be
a swap dealer for other types, classes, or categories
of swaps or activities.
``(C) Exceptions.--
``(i) The term `swap dealer' does not
include a person that enters into swaps for
such person's own account, either individually
or in a fiduciary capacity, but not as part of
regular business activities as described in
subparagraph (A).
``(ii) In determining whether a person is a
`swap dealer' within the meaning of
subparagraph (A), the following shall not be
considered as part of the determination:
``(I) any swap entered into for a
person's own account for the purpose of
hedging or mitigating commercial risk;
and
``(II) any swap entered into for a
person's own account for the purpose of
meeting State or local governmental
regulatory compliance purposes.
``(iii) In determining whether a person is
a `swap dealer' within the meaning of
subparagraph (A)(iii), any swap which involves
a capacity contract, a renewable energy credit,
an emissions allowance, or an emissions offset
shall not be considered as part of that
determination, if--
``(I) the contract, credit,
allowance, or offset is utilized to
meet obligations under State or local
law or regulation for that person; and
``(II) the swap is entered into for
that person's own account.''.
SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY DEFINITION.
Section 2(h)(7)(C)(ii) of the Commodity Exchange Act (7 U.S.C.
2(h)(7)(C)(ii)) is amended to read as follows:
``(ii) Exclusion.--Such definition shall
not include an entity that is a small bank,
savings association, farm credit system
institution, non-profit cooperative lender
controlled by electric cooperatives, or credit
union if the aggregate uncollateralized outward
exposure plus aggregate potential outward
exposure of the entity with respect to its
swaps does not exceed $1,000,000,000.''.
SEC. 4. CLARIFICATION OF THE EXEMPTIONS FOR CAPTIVE FINANCE COMPANIES
FROM THE DEFINITION OF MAJOR SWAP PARTICIPANT AND FROM
THE SWAP CLEARING REQUIREMENT.
(a) Exclusion From Definition of Major Swap Participant.--Section
1a(33)(D) of the Commodity Exchange Act (7 U.S.C. 1a(33)(D)) is amended
to read as follows:
``(D) Exclusion of certain captive finance
entities.--
``(i) In general.--The definition under
this paragraph shall not include an entity
whose primary business is providing financing
that facilitates the sale or lease of products
by or on behalf of the parent company or
another subsidiary of the parent company, and
uses derivatives only for the purpose of
hedging underlying commercial risks in a
consolidated financing and leasing portfolio,
at least 90 percent of which, as of the end of
its preceding fiscal year, is qualifying
financing (including loans, notes, installment
sales contracts, receivables, and operating and
financing leases).
``(ii) Definitions.--In this subparagraph:
``(I) Qualifying financing.--The
term `qualifying financing' means--
``(aa) any financing or
lease of, or that includes, a
product; or
``(bb) any financing to or
for the benefit of an affiliate
of the entity, a distribution
entity, or any customer or
affiliate of a distribution
entity,
except that the term does not include
any financing that does not facilitate
the sale of a product manufactured by
the entity or its affiliates, as
determined by the Commission.
``(II) Product.--The term `product'
means--
``(aa) any good that is
manufactured or sold by an
affiliate of the entity; and
``(bb) any service that is
provided by an affiliate of the
entity.
``(III) Distribution entity.--The
term `distribution entity' means a
person whose primary business is the
sale, lease or servicing of a product
that is manufactured by the entity or
its affiliates.
``(IV) Affiliate.--The term
`affiliate' means, with respect to an
entity--
``(aa) a person that
reports information or prepares
financial statements on a
consolidated basis with the
entity, or for which a parent
company reports information or
prepares financial statements
on a consolidated basis for the
person and the entity; or
``(bb) a person of which
the entity or the parent of the
entity holds 50 percent or more
of the equity interests.
``(V) Person.--The term `person'
means an individual, partnership,
corporation (including a business
trust), limited liability company,
joint stock company, trust,
unincorporated association, joint
venture or other entity, or a
government or any political subdivision
or agency thereof.''.
(b) Exclusion From Swap Clearing Requirement.--Section
2(h)(7)(C)(iii) of such Act (42 U.S.C. 2(h)(7)(C)(iii)) is amended to
read as follows:
``(iii) Exclusion of certain captive
finance entities.--Such term shall not include
an entity excluded from the definition of major
swap participant by reason of section
1a(33)(D).''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if they had
been included in subtitle A of title VII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act.
SEC. 6. IMPLEMENTATION.
The amendments made by this Act to the Commodity Exchange Act shall
be implemented--
(1) without regard to--
(A) chapter 35 of title 44, United States Code; and
(B) the notice and comment provisions of section
553 of title 5, United States Code;
(2) through the promulgation of an interim final rule,
pursuant to which public comment will be sought before a final
rule is issued, and
(3) such that paragraph (1) shall apply solely to changes
to rules and regulations, or proposed rules and regulations,
that are limited to and directly a consequence of such
amendments.
Passed the House of Representatives April 25, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Small Business Credit Availability Act - (Sec. 2) Amends the Commodity Exchange Act (as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act [Dodd-Frank]) to exclude from regulation as a swap dealer an insured depository institution, or a U.S. uninsured branch or agency of a foreign bank that has a prudential regulator.
Permits designation of a person as a swap dealer for a single type, class, or category of swap or activity, and yet considered not to be a swap dealer for other types, classes, or categories of swaps or activities.
Excludes from the definition of "swap dealer" a person that enters into swaps for such person's own account: (1) either individually or in a fiduciary capacity, but not as part of specified business activities; (2) in order to either hedge or mitigate commercial risk; or (3) to comply with state or local governmental regulations.
Excludes also from factors determinative of "swap dealer" a swap entered into for a person's own account and that involves a capacity contract, a renewable energy credit, an emissions allowance, or an emissions offset if such instrument is used to meet obligations under state or local governmental regulations.
(Sec. 3) Excludes outright from the meaning of financial entity any small bank, savings association, farm credit system institution, non-profit cooperative lender controlled by electric cooperatives, or credit union if the aggregate uncollateralized outward exposure plus aggregate potential outward exposure with respect to its swaps does not exceed $1 billion. (Thus exempts such entities from the clearing requirement.)
(Sec. 4) Redefines "major swap participant" to exclude an entity whose primary business is providing financing that facilitates the sale or lease of products by or on behalf of the parent company or its subsidiary, and uses derivatives only for the purpose of hedging underlying commercial risks in a consolidated financing and leasing portfolio at least 90% of which, as of the end of its preceding fiscal year, is qualifying financing (including loans, notes, installment sales contracts, receivables, and operating and financing leases).
Excludes certain captive finance entities from the swap clearing requirement.
(Sec. 5) Declares amendments made by this Act effective as of the enactment of the Wall Street Transparency and Accountability Act of 2010 (title VII of Dodd-Frank).
(Sec. 6) Requires the amendments made by this Act to be implemented: (1) through promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and (2) without regard to specified federal law on coordination of federal information policy, or certain administrative notice and comment requirements. | {"src": "billsum_train", "title": "To ensure the exclusion of small lenders from certain regulations of the Dodd-Frank Act."} | 1,764 | 630 | 0.680627 | 2.215422 | 0.633135 | 4.339658 | 2.88425 | 0.901328 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildland
Firefighter Fairness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Single qualification and certification system.
Sec. 3. Personnel flexibility relating to the Robert T. Stafford
Disaster Relief and Emergency Assistance
Act.
Sec. 4. Extension of service limits for seasonal hires.
Sec. 5. Civil service retention rights.
Sec. 6. Computation of pay.
SEC. 2. SINGLE QUALIFICATION AND CERTIFICATION SYSTEM.
(a) Merging 2 Systems.--The Secretary of the Interior and the
Secretary of Agriculture shall work with States and the Workforce
Development Committee of the National Wildfire Coordinating Group to
merge the Incident Qualification System and the Incident Qualification
and Certification System into a single system by September 30, 2025.
(b) Elimination of Bureau Add-On Requirements.--On and after
October 1, 2021, the Secretary of the Interior and the Secretary of
Agriculture may not require a person to demonstrate additional
competencies to obtain, make use of, or maintain a qualification or
certification for a fire position, regardless of which jurisdictional
agency employs the person.
SEC. 3. PERSONNEL FLEXIBILITY RELATING TO THE ROBERT T. STAFFORD
DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT.
(a) Definition of Time-Limited Appointment.--Section 9601 of title
5, United States Code, is amended by striking paragraph (2) and
inserting the following:
``(2) the term `time-limited appointment' includes--
``(A) a temporary appointment and a term
appointment, as defined by the Office of Personnel
Management;
``(B) an appointment pursuant to section 306(b)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149(b)(1)); and
``(C) an appointment pursuant to subtitle E of
title I of the National and Community Service Act of
1990 (42 U.S.C. 12611 et seq.).''.
(b) Competitive Service; Time-Limited Appointments.--Section 9602
of title 5, United States Code, is amended--
(1) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively;
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Notwithstanding'' and inserting
``Appointments to Land Management Agencies.--
Notwithstanding''; and
(B) by inserting ``described in section
9601(2)(A)'' after ``time-limited appointment'';
(3) by inserting after subsection (a) the following:
``(b) Appointments Under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.--Notwithstanding chapter 33 or any other
provision of law relating to the examination, certification, and
appointment of individuals in the competitive service--
``(1) an employee appointed under the authority described
in section 9601(2)(B) and serving under a full-time, time-
limited appointment is eligible to compete for a permanent
appointment in the competitive service at the Federal Emergency
Management Agency or any other agency (as defined in section
101 of title 31) under the internal merit promotion procedures
of the applicable agency if--
``(A) the employee has served under one or more
time-limited appointments for at least 2 years without
a break in service; and
``(B) the performance of the employee has been at
an acceptable level of performance throughout the one
or more time-limited appointment periods referred to in
subparagraph (A); and
``(2) an employee appointed under the authority described
in section 9601(2)(B) and serving under an intermittent, time-
limited appointment is eligible for a permanent appointment in
the competitive service at the Federal Emergency Management
Agency or any other agency (as defined in section 101 of title
31) under the internal merit promotion procedures of the
applicable agency if--
``(A) the employee has served under one or more
time-limited appointments;
``(B) the employee has been deployed at least 522
days;
``(C) the employee has not declined any deployments
while in an `available' status; and
``(D) the performance of the employee has been at
an acceptable level of performance throughout the one
or more time-limited appointments referred to in
subparagraph (A).
``(c) Appointments Under the National and Community Service Act of
1990.--
``(1) Definition of employee.--Notwithstanding section
160(a) of the National and Community Service Act of 1990 (42
U.S.C. 12620(a)), in this subsection, the term `employee'
includes individuals appointed under subtitle E of title I of
that Act (42 U.S.C. 16211 et seq.).
``(2) Competition for permanent appointment.--
Notwithstanding chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, a member of the
National Civilian Community Corps appointed under subtitle E of
title I of the National and Community Service Act of 1990 (42
U.S.C. 12611 et seq.) who serves 2 consecutive terms is
eligible to compete for a permanent appointment in the
competitive service at the Federal Emergency Management Agency
or any other agency (as defined in section 101 of title 31)
under the internal merit promotion procedures during the 2-year
period beginning on the date of the expiration of the
appointment under section 160(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12620(a)), if the performance of
the employee has been at an acceptable level of performance
throughout the period.'';
(4) in subsection (d) (as redesignated by paragraph (1)),
by striking ``In determining'' and inserting ``Waiver of Age
Requirements.--In determining'';
(5) in subsection (e) (as redesignated by paragraph (1)),
by striking ``An individual'' and inserting ``Tenure and
Status.--An individual'';
(6) in subsection (f) (as redesignated by paragraph (1)),
in the matter preceding paragraph (1)--
(A) by striking ``A former'' and inserting ``Former
Employees.--A former''; and
(B) by inserting ``or the Federal Emergency
Management Agency'' after ``management agency''; and
(7) in subsection (g) (as redesignated by paragraph (1)),
by striking ``The Office'' and inserting ``Regulations.--The
Office''.
SEC. 4. EXTENSION OF SERVICE LIMITS FOR SEASONAL HIRES.
(a) Definitions.--In this section--
(1) the term ``covered Secretary'' means--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture;
(2) the term ``Director'' means the Director of the Office
of Personnel Management; and
(3) the term ``pilot program'' means the pilot program
established under subsection (b).
(b) Pilot Program.--The Director shall establish a pilot program
for seasonal or temporary Federal employees, the duties of which
primarily involve being a firefighter.
(c) Expansion of Service Year Limitations.--Under the pilot
program, each covered Secretary may expand a service year limitation to
enable a seasonal firefighter to be employed for a period that exceeds
1,040 hours in a given year if the covered Secretary determines the
expansion to be necessary to stage fire crews earlier or later in a
year to accommodate longer fire seasons.
(d) Standards.--The Director, in cooperation with each covered
Secretary, shall establish standards and guidelines for the pilot
program.
(e) Report.--Not later than 2 years after the date on which the
pilot program is established, the Director shall submit a report that
describes the use and impact of the pilot program to--
(1) the Committee on Energy and Natural Resources and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Natural Resources and the Committee on
Oversight and Government Reform of the House of
Representatives.
(f) Termination.--The pilot program shall terminate on the date
that is 5 years after the date on which the pilot program is
established.
SEC. 5. CIVIL SERVICE RETENTION RIGHTS.
Section 8151 of title 5, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) Regulations.--
``(1) Definitions.--In this subsection--
``(A) the term `covered employee' means an employee
who--
``(i) served in a position in the Forest
Service or the Department of the Interior as a
wildland firefighter; and
``(ii) sustained an injury while in the
performance of duty, as determined by the
Director of the Office of Personnel Management,
that prevents the employee from performing the
physical duties of a firefighter;
``(B) the term `equivalent position' includes a
position for a covered employee that--
``(i) allows the covered employee to
receive the same retirement benefits under
subchapter III of chapter 83 or chapter 84 that
the covered employee would have received in the
former position had the covered employee not
been injured or disabled; and
``(ii) does not require the covered
employee to complete any more years of service
than the covered employee would have been
required to complete to receive the benefits
described in clause (i) had the covered
employee not been injured or disabled; and
``(C) the term `firefighter' has the meaning given
the term in section 8331.
``(2) Regulations.--Under regulations issued by the Office
of Personnel Management--
``(A) the department or agency that was the last
employer shall immediately and unconditionally accord
the employee, if the injury or disability has been
overcome within 1 year after the date of commencement
of compensation or from the time compensable disability
recurs if the recurrence begins after the injured
employee resumes regular full-time employment with the
United States, the right to resume the former position
of the employee or an equivalent position, as well as
all other attendant rights that the employee would have
had, or acquired, in the former position of the
employee had the employee not been injured or disabled,
including the rights to tenure, promotion, and
safeguards in reductions-in-force procedures;
``(B) the department or agency that was the last
employer shall, if the injury or disability is overcome
within a period of more than 1 year after the date of
commencement of compensation, make all reasonable
efforts to place, and accord priority to placing, the
employee in the former position of the employee or an
equivalent position within the department or agency, or
within any other department or agency; and
``(C) a covered employee who was injured during the
20-year period ending on the date of enactment of the
Wildland Firefighter Fairness Act may not receive the
same retirement benefits described in paragraph
(1)(B)(ii) unless the covered employee first makes a
payment to the Forest Service or the Department of the
Interior, as applicable, equal to the amount that would
have been deducted from pay under section 8334 or 8442,
as applicable, had the covered employee not been
injured or disabled.''.
SEC. 6. COMPUTATION OF PAY.
(a) In General.--Section 8114 of title 5, United States Code, is
amended by striking subsection (e) and inserting the following:
``(e) Overtime.--
``(1) Definition.--In this subsection, the term `covered
overtime pay' means pay received by an employee who serves in a
position in the Forest Service or the Department of the
Interior as a wildland firefighter while engaged in wildland
fire suppression activity.
``(2) Overtime.--The value of subsistence and quarters, and
of any other form of remuneration in kind for services if its
value can be estimated in money, and covered overtime pay and
premium pay under section 5545(c)(1) of this title are included
as part of the pay, but account is not taken of--
``(A) overtime pay;
``(B) additional pay or allowance authorized
outside the United States because of differential in
cost of living or other special circumstances; or
``(C) bonus or premium pay for extraordinary
service including bonus or pay for particularly
hazardous service in time of war.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2019. | Wildland Firefighter Fairness Act This bill requires the Departments of the Interior and Agriculture to work with states and the Workforce Development Committee of the National Wildfire Coordinating Group to merge the Incident Qualification System and the Incident Qualification and Certification System into a single system by September 30, 2025. The Office of Personnel Management shall establish a pilot program for seasonal or temporary federal employees, whose duties primarily involve being a firefighter. This bill allows wildland firefighters of the Forest Service or Interior who sustained injuries in the performance of their duties that prevent them from performing the physical duties of a firefighter, but who commence an equivalent federal position after receiving compensation for their work injuries, to retain the same retirement benefits that they would have received in their former position had they not been injured or disabled, without requiring them to complete any more years of service. Compensation for disability or death of Forest Service and Interior wildland firefighters must include overtime pay received for wildfire suppression activity. | {"src": "billsum_train", "title": "Wildland Firefighter Fairness Act"} | 2,881 | 209 | 0.531328 | 1.648992 | 0.796798 | 4.240437 | 14.327869 | 0.852459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Entities Reform Act of
2018''.
SEC. 2. DISCLOSURE REQUIREMENTS WITH RESPECT TO CONTENT FROM REGISTERED
FOREIGN AGENTS.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by adding at the end the following:
``SEC. 722. DISCLOSURE REQUIREMENTS WITH RESPECT TO CONTENT FROM
REGISTERED FOREIGN AGENTS.
``(a) Record of Requests for Covered Time From Registered Foreign
Agents.--
``(1) In general.--A covered provider shall maintain a
complete record of a request for covered time that is made by
or on behalf of a registered foreign agent.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request for covered time is
accepted or rejected by the provider;
``(B) the rate (if any) charged for the covered
time;
``(C) the date and time (if any) on which the
communication is broadcast or otherwise transmitted by
the provider;
``(D) the class of time that is requested;
``(E) the name, address, and phone number of a
contact person for the registered foreign agent (and of
any person requesting the covered time on behalf of the
agent), and a list of the chief executive officers or
members of the executive committee or of the board of
directors of the agent (and of any person requesting
the covered time on behalf of the agent); and
``(F) the name of the foreign principal of the
registered foreign agent.
``(3) Location; time to retain.--The information required
under this subsection shall be placed in the online public
inspection file hosted by the Commission as soon as possible
and shall be retained in such file for a period of not less
than 2 years. For purposes of the preceding sentence, the term
`as soon as possible' means immediately absent unusual
circumstances.
``(b) Sponsorship Identification Requirements.--
``(1) Applicability to covered content.--
``(A) Announcement by station.--For purposes of
section 317, any covered content broadcast by a
broadcast station, if such station knew or should have
known that the content was covered content, shall be
treated as matter for which money, service, or other
valuable consideration was paid for broadcasting,
regardless of whether any such consideration was paid.
``(B) Disclosures by station employees, program
producers, and others.--For purposes of section 507--
``(i) any agreement for the broadcast of
covered content, between an employee of a
broadcast station and any registered foreign
agent who developed, produced, disseminated, or
funded the covered content, shall be treated as
acceptance by the employee and payment by the
agent of money, service, or other valuable
consideration for the broadcast of such
content, regardless of whether any such
consideration was paid; and
``(ii) any agreement for the inclusion of
covered content as part of a program or program
matter that is intended for broadcasting over a
broadcast station, between any person in
connection with the production or preparation
of such program or program matter and any
registered foreign agent who developed,
produced, disseminated, or funded the covered
content, shall be treated as acceptance by such
person and payment by such agent of money,
service, or other valuable consideration for
such inclusion, regardless of whether any such
consideration was paid.
``(2) Statement required.--
``(A) In announcement by station.--In the case of
any announcement required by section 317 (including as
the application of such section is modified by this
subsection) with respect to covered content, such
announcement shall--
``(i) contain, with respect to each
registered foreign agent who developed,
produced, disseminated, or funded the covered
content--
``(I) the same statement as the
statement required by section 4(b) of
the Foreign Agents Registration Act of
1938 (22 U.S.C. 614(b)); or
``(II) for any such agent for whom
no statement is required under such
section with respect to the covered
content, a similar statement that such
agent developed, produced,
disseminated, or funded (as the case
may be) the covered content on behalf
of the foreign principal; and
``(ii) be made at regular and periodic
intervals throughout the broadcast of the
covered content.
``(B) In disclosures by station employees, program
producers, and others.--In the case of any disclosure
required by section 507 (including as the application
of such section is modified by this subsection) with
respect to covered content, such disclosure shall
contain the same information as the information
described in subparagraph (A)(i).
``(3) Applicability to cable operators and satellite
providers.--Not later than 180 days after the date of the
enactment of this section, the Commission shall promulgate
regulations that contain--
``(A) requirements for cable operators, DBS
providers, and SDARS licensees with respect to the
transmission of covered content that are comparable to
the requirements for broadcast stations under section
317 (including as the application of such section is
modified by this subsection) with respect to the
broadcast of covered content;
``(B) requirements for employees of cable
operators, DBS providers, and SDARS licensees with
respect to the transmission of covered content that are
comparable to the requirements for employees of
broadcast stations under section 507(a) (including as
the application of such section is modified by this
subsection) with respect to the broadcast of covered
content;
``(C) requirements with respect to the inclusion of
covered content in any program or program matter that
is intended for transmission by any cable operator, DBS
provider, or SDARS licensee that are comparable to the
requirements with respect to the inclusion of covered
content in any program or program matter that is
intended for broadcasting over a broadcast station
under section 507(b) (including as the application of
such section is modified by this subsection); and
``(D) requirements with respect to the supplying of
any program or program matter that is intended for
transmission by any cable operator, DBS provider, or
SDARS licensee, in any case in which covered content is
included as a part of the program or program matter
being supplied, that are comparable to the requirements
with respect to the supplying of any program or program
matter that is intended for broadcasting over a
broadcast station, in any case in which covered content
is included as a part of the program or program matter
being supplied, under section 507(c) (including as the
application of such section is modified by this
subsection).
``(c) Quarterly Reports.--
``(1) In general.--Not later than 14 days after the end of
a calendar quarter during which a covered provider receives a
request for which a record is required to be maintained under
subsection (a), or broadcasts or otherwise transmits covered
content for which an announcement is required by section 317
(including as the application of such section is modified by
subsection (b)) or by the regulations of the Commission issued
under paragraph (3) of such subsection, such provider shall
submit to the Commission, the Attorney General, and the
Secretary of State a report that summarizes any such requests
received, and any such covered content broadcast or otherwise
transmitted, by such provider during such quarter.
``(2) Form and contents.--The Commission may issue
regulations prescribing the form and contents of the reports
required by paragraph (1).
``(3) Public availability.--The Commission, the Attorney
General, and the Secretary of State shall make the reports
submitted under paragraph (1) publicly available on their
internet websites.
``(d) Definitions.--In this section:
``(1) Agent of a foreign principal.--The term `agent of a
foreign principal' has the meaning given such term in section 1
of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611).
``(2) Broadcast time.--The term `broadcast time' means
broadcast time, as such term is used in section 315(e).
``(3) Cablecast time.--The term `cablecast time' means
cablecast time, as such term is used in section 76.1701 of
title 47, Code of Federal Regulations.
``(4) Cable operator.--The term `cable operator' has the
meaning given such term in section 602.
``(5) Covered content.--The term `covered content' means
any program or other matter that--
``(A) is broadcast or otherwise transmitted or
intended for broadcast or other transmission by a
covered provider; and
``(B) is developed, produced, disseminated, or
funded by a registered foreign agent.
``(6) Covered provider.--The term `covered provider' means
a broadcast station licensee, cable operator, DBS provider, or
SDARS licensee.
``(7) Covered time.--The term `covered time' means--
``(A) with respect to a broadcast station licensee,
broadcast time;
``(B) with respect to a cable operator, cablecast
time;
``(C) with respect to a DBS provider, DBS
origination time; and
``(D) with respect to an SDARS licensee, SDARS
origination time.
``(8) DBS origination time.--The term `DBS origination
time' means DBS origination time, as such term is used in
section 25.701(d) of title 47, Code of Federal Regulations.
``(9) DBS provider.--The term `DBS provider' has the
meaning given such term in section 25.701(a) of title 47, Code
of Federal Regulations.
``(10) Foreign principal.--The term `foreign principal' has
the meaning given such term in section 1 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611).
``(11) Registered foreign agent.--The term `registered
foreign agent' means an agent of a foreign principal registered
under section 2 of the Foreign Agents Registration Act of 1938
(22 U.S.C. 612).
``(12) SDARS licensee.--The term `SDARS licensee' means a
licensee in the Satellite Digital Audio Radio Service, as
defined in section 25.103 of title 47, Code of Federal
Regulations.
``(13) SDARS origination time.--The term `SDARS origination
time' means SDARS origination time, as such term is used in
section 25.702(b) of title 47, Code of Federal Regulations.''.
(b) Effective Dates.--
(1) Record of requests for covered time from registered
foreign agents.--Subsection (a) of section 722 of the
Communications Act of 1934, as added by subsection (a) of this
section, shall apply with respect to a request for covered time
made by a registered foreign agent after the date that is 90
days after the date of the enactment of this Act.
(2) Sponsorship identification requirements.--Subsection
(b) of section 722 of the Communications Act of 1934, as added
by subsection (a) of this section, and the regulations
promulgated under paragraph (3) of such subsection (b), shall
apply--
(A) in the case of an announcement by a covered
provider under section 317 of the Communications Act of
1934 (47 U.S.C. 317) (including as the application of
such section is modified by such subsection (b)) or
under such regulations, only if the broadcast or other
transmission of covered content occurs after the date
that is 90 days after the Commission promulgates such
regulations; and
(B) in the case of a disclosure under section 507
of the Communications Act of 1934 (47 U.S.C. 507)
(including as the application of such section is
modified by such subsection (b)) or under such
regulations, only if the acceptance or agreement to
accept or payment or agreement to pay money, service,
or other valuable consideration (or the agreement in
the absence of any such consideration that is treated
as such acceptance and payment as provided in such
subsection (b) or such regulations) was made (in the
case of a payment) or entered into (in the case of an
agreement) after the date that is 90 days after the
Commission promulgates such regulations.
(3) Definitions.--In this subsection, the terms defined in
subsection (d) of section 722 of the Communications Act of
1934, as added by subsection (a) of this section, shall have
the meanings given such terms in such subsection (d). | Foreign Entities Reform Act of 2018 This bill amends the Communications Act of 1934 to require broadcast, cable, and satellite providers to record and submit to federal authorities specified information about requests by an entity registered as a foreign agent to broadcast content that is intended for American consumers. Such content must include a statement that the content is being distributed by a foreign agent or by an agent on behalf of a foreign principal. | {"src": "billsum_train", "title": "Foreign Entities Reform Act of 2018"} | 2,823 | 107 | 0.489475 | 1.23583 | 0.245129 | 1.842105 | 34.644737 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Return Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The intent and purpose of Federal securities law is to
protect the general investing public and to make the regulation
and control required by national public interest reasonably
complete and effective.
(2) The United States Securities and Exchange Commission
has acknowledged that there are millions of lost security
holders in the United States, who are, thereby, deprived of the
benefit of their investments valued by the Commission in the
hundreds of millions of dollars.
(3) The Commission's current regulations relating to lost
security holders apply only to recordkeeping transfer agents
who handle approximately half of all security holders, thereby
denying the same benefits to the other half.
(4) Available technologies can locate 80 percent or more of
corrected addresses for security holders, who have not received
the benefit of the dividends and interest earned by their
securities and other valuable property rights.
(5) The Federal Government, through its agencies, holds
large sums of money owed to others, who cannot reasonably
obtain their money, because of a lack of information about
these sums and how to claim them.
TITLE I--RESPONSIBILITIES OF THE SECURITIES AND EXCHANGE COMMISSION
SEC. 101. ADDITIONAL RESPONSIBILITIES TO SECURE DELIVERY OF DIVIDENDS,
INTEREST, AND OTHER VALUABLE PROPERTY RIGHTS.
Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-
1) is amended by adding at the end the following new subsection:
``(g) Due Diligence for the Delivery of Dividends, Interest, and
Other Valuable Property Rights.--
``(1) Due diligence obligation.--Each issuer of any
security registered pursuant to section 12 of this title shall
exercise due diligence in delivering dividends, interest, and
other valuable property rights to their owners, whether such
dividends, interest, or other valuable property rights are
delivered by any issuer or on behalf of any issuer by any
paying agent.
``(2) Revision of regulations required.--The Commission
shall amend the provisions of section 240.17Ad-17 of the
Commission's regulations (17 C.F.R. 240.17Ad-17) as in effect
on December 8, 1997--
``(A) to extend the application of such section to
all such paying agents, including the obligation to use
database searches as required of transfer agents; and
``(B) to extend the application of such section to
security holders who became lost security holders
before such date.
``(3) Notices.--
``(A) Notice on checks or other valuable property
rights to security holders.--Any check or notice to any
security holder who has failed to cash or deposit a
previous check for any dividend or interest payment or
has failed to process a valuable property right as
instructed shall bear a printed notice to the effect--
``(i) if a check or other valuable property
right has been sent to a security holder, and
the check or other valuable property right has
been returned to the sender, the security
holder is considered a `lost security holder'
whenever that expression is used by the Unites
States Securities and Exchange Commission; and
``(ii) if a check or other valuable
property right is sent to a security holder,
and the check is not negotiated within 7 months
or the other valuable property right is not
processed as instructed within 7 months, then
that security holder shall be considered a
`lost security holder' and shall be treated in
the same way as lost security holders are
treated under subparagraph (A).
``(B) Notices on subsequent communications.--If the
lost security holder (as defined in subparagraphs
(A)(i) and (A)(ii)) is to be sent another regularly
scheduled communication, including a dividend or
interest check, then that next communication shall
notify the security holder--
``(i) that a previous check or valuable
property right has been returned to the sender
or has not been negotiated or processed as
instructed, and such notice shall request the
security holder promptly to negotiate the
received check or process the received valuable
property right as instructed; and
``(ii) that if such check or other valuable
property right has not been received by the
security holder, then the security holder
should call the sender at the toll free number
in the notice or should write or otherwise
contact the sender at the address or addresses
in the notice.
In no event shall the next regularly scheduled
communication occur longer than 7 months after the
original sending.
``(C) Exceptions.--Paying agents may exclude from
the search requirements any lost security holder when
the value of all dividend, interest, or other valuable
property rights due to the security holder plus the
value of all assets listed in the lost security
holder's account is less than $25.
``(4) Listing of lost security holders.--The Commission
shall establish, or provide for the establishment by others, of
a database that is accessible from the Internet and that
contains a list of the names of persons who are lost security
holders, the names of those issuers or paying agents who are
obligated to deliver to them their dividends, interest, and
other valuable property rights, and, in the case of paying
agents, the identity of the issuer. The database and Internet
site shall be created or caused to be created by the Commission
in accordance with such procedures as the Commission shall
prescribe by rule, regulation, or order.
``(5) Interest on unpaid amounts; trust for security
holders.--Any amounts to which security holders are entitled
shall be held in trust by any issuers or any paying agents for
the benefit of the security holders. Interest on the amounts
held in trust shall--
``(A) accrue for the benefit of an issuer or its
paying agent as provided for by agreement between them
for the first 6 months after the return of any
undelivered dividend or interest payment or 7 months
after a payment has been sent but remains uncashed;
``(B) accrue for the benefit of the security
holders beginning 6 months after the return of any
undelivered dividend or interest payment or 7 months
after a payment has been sent but remains uncashed; and
``(C) end upon the delivery as escheated or
unclaimed property to a State pursuant to State law.
``(6) Use of professional search firms.--
``(A) No lost security holder shall be turned over
to a professional search firm for locating until after
two database searches have been conducted, regardless
of whether the security holder was deemed `lost'
before, on, or after December 8, 1997.
``(B) The issuer or its paying agent shall solicit
competing bids for locating lost security holders in
accordance with such procedures as the Commission shall
prescribe by rule, regulation, or order. Any successful
bidder shall report to the issuer, its paying agent,
and the Commission the number of accounts pursued, the
percentage of accounts recovered, the amount and
percentage of funds recovered, the names of those who
recovered, and the gross and net amounts each received.
``(7) Liability.--Any issuer or paying agent that fails to
exercise due diligence in accordance with the requirements of
this subsection shall be liable to any lost security holders or
class of lost security holders for damages. If the court
determines that such failure constitutes gross negligence or
wanton misconduct, the court may award punitive damages in an
amount equal to triple the amount of such damages. An action
under this paragraph may be brought in any Federal court of
competent jurisdiction.
``(8) Regulations; report.--The Commission shall--
``(A) adopt such rules, regulations, and orders
necessary to implement this subsection no later than 3
months after the date of enactment of this subsection;
``(B) provide a report to Congress concerning its
progress toward implementation of this subsection no
later than 6 months after such date of enactment; and
``(C) thereafter include in its annual report
similar information.
``(9) Definition of paying agent.--For purposes of this
subsection, the term `paying agent' includes any issuer,
transfer agent, broker, dealer, investment company, mutual
fund, investment adviser, indenture trustee, custodian, or any
other person obligated to deliver dividends, interest, or
valuable property rights.''.
TITLE II--UNITED STATES MONEY RETURN COMMISSION
SEC. 201. ESTABLISHMENT.
(a) In General.--There is established the United States Money
Return Commission. The Commission shall be composed of 5 members
appointed by the President.
(b) Chairman.--The President shall designate a Chairman from among
the members of the Commission.
(c) Terms.--Each member shall serve for a term of 5 years, except
that from the first 5 appointees, one shall serve for 1 year, one shall
serve for 2 years, one shall serve for 3 years, one shall serve for 4
years, and one, the chairman, shall serve for 5 years.
(d) Limitation.--No more than 2 members shall be appointed who are
employees of the United States of America or any of its agencies.
SEC. 202. FUNCTIONS.
(a) In General.--The Commission shall--
(1) collect and publish on the Internet and other
appropriate media information on all money held by the United
States that is owed to any person or entity; and
(2) establish procedures for the use of state-of-the-art
technology to restore such moneys to their rightful owners
without charge.
(b) Report.--The Commission shall report on its activities to the
President not later than 1 year after the date of the enactment of this
Act, and annually thereafter.
SEC. 203. ADMINISTRATION.
(a) Information From Executive Agencies.--The heads of executive
agencies shall, to the extent permitted by law, provide the Commission
such information as it may require for the purpose of carrying out is
functions.
(b) Pay.--Members of the Commission shall serve without any
additional Federal compensation for their work on the Commission.
However, members appointed from among private citizens of the United
States may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
the government service (5 U.S.C. 5701-5707), to the extent funds are
available therefor.
(c) Staff.--The Commission shall have a staff headed by an
Executive Director. Any expenses of the Commission shall be paid from
such funds as may be available to the Secretary of the Treasury. | Requires the Securities and Exchange Commission (SEC) to extend the application of regulations governing the obligation of transfer agents to search for lost security holders to: (1) paying agents, including the obligation to use database searches; and (2) security holders who became lost security holders before a specified date. Prescribes notification procedures.
Directs the SEC to establish a database accessible from the Internet with a listing of lost security holders and the issuers or paying agents obligated to deliver them their dividends, interest, and other valuable property rights.
Requires that issuers or paying agents hold in trust the amounts to which security holders are entitled, including any accrued interest. Sets forth implementation guidelines.
Title II: United States Money Return Commission
- Establishes the United States Money Return Commission to: (1) collect and publish on the Internet and other media information on all money held by the United States that is owed to any person; (2) establish procedures for the use of state-of-the-art technology to restore such moneys to their rightful owners without charge; and (3) present an annual status report to the President. | {"src": "billsum_train", "title": "Money Return Act of 2000"} | 2,363 | 239 | 0.571939 | 1.82009 | 0.68344 | 5.135747 | 9.941176 | 0.927602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work and Family Integration Act''.
SEC. 2. FLEXIBLE AND COMPRESSED SCHEDULES AND REHIRING PREFERENCE.
The Fair Labor Standards Act of 1938 is amended by inserting after
section 13 (29 U.S.C. 213) the following new sections:
``SEC. 13A. FLEXIBLE AND COMPRESSED SCHEDULES.
``(a) Purpose.--The purpose of this section is to balance the
demands of workplaces with the needs of families in the United States.
``(b) Compressed Schedules.--
``(1) In general.--Notwithstanding any other provision of
law, an employer may establish programs that allow the use of a
compressed schedule that consists of--
``(A) in the case of a schedule of a full-time
employee, a 160-hour basic work requirement, over a 4-
week period, that is scheduled for less than 20
workdays; and
``(B) in the case of a schedule of a part-time
employee, a basic work requirement of less than 160
hours, over a 4-week period, that is scheduled for less
than 20 workdays.
``(2) Overtime compensation provisions.--Section 7 and any
other provision of law that relates to premium pay for overtime
work shall not apply to the hours that constitute such a
compressed schedule.
``(3) Computation of overtime.--In the case of any full-
time employee, hours worked in excess of such a compressed
schedule shall be overtime hours and shall be paid for as
provided by the applicable provisions referred to in paragraph
(2). In the case of any part-time employee on such a compressed
schedule, overtime pay shall begin to be paid after the same
number of hours of work after which a full-time employee on a
similar schedule would begin to receive overtime pay.
``(c) Flexible Schedules.--
``(1) In general.--Notwithstanding any other provision of
law, an employer may establish programs that allow the use of
flexible schedules that include--
``(A) designated hours and days during which an
employee on such a schedule must be present for work;
and
``(B) designated hours during which an employee on
such a schedule may elect the time of the arrival of
such employee at and departure of such employee from
work, solely for such purpose or, if and to the extent
permitted, for the purpose of accumulating credit hours
to reduce the length of the workweek or another
workday.
``(2) Overtime compensation provisions.--For purposes of
determining compensation for overtime hours in the case of an
employee participating in a program under this subsection--
``(A) the employer may, on request of the employee,
grant the employee compensatory time off in lieu of
payment for such overtime hours, whether or not
irregular or occasional in nature and notwithstanding
section 7 or any other provision of law; or
``(B) the employee shall be compensated for such
overtime hours in accordance with such provisions, as
applicable.
``(3) Computation of overtime.--Notwithstanding the
provisions of law referred to in paragraph (2)(A), an employee
shall not be entitled to be compensated for credit hours worked
except to the extent such employee is allowed to have such
hours taken into account with respect to the basic work
requirement of the employee.
``(4) Accumulation and compensation.--
``(A) Accumulation.--A full-time employee on a
flexible schedule under this subsection can accumulate
not more than 48 credit hours, and a part-time employee
can accumulate not more than \1/4\ of the hours in the
basic work requirement, over a 4-week period, of the
employee, for carryover from a 4-week period to a
succeeding 4-week period for credit to the basic work
requirement for such period.
``(B) Compensation.--Any employee who is on a
flexible schedule program under this subsection and who
is no longer subject to such a program shall be paid at
the then current rate of basic pay of the employee
for--
``(i) in the case of a full-time employee,
not more than 48 credit hours accumulated by
such employee; or
``(ii) in the case of a part-time employee,
the number of credit hours (not in excess of
\1/4\ of the hours in the basic work
requirement, over a 4-week period, of the
employee) accumulated by such employee.
``(d) Participation.--
``(1) In general.--Except as provided in paragraph (3), no
employee may be required to participate in a program described
in this section.
``(2) Prohibition of coercion.--
``(A) An employer may not directly or indirectly
intimidate, threaten, or coerce, or attempt to
intimidate, threaten, or coerce, any employee for the
purpose of interfering with such employee's rights
under this section to elect a time of arrival or
departure, to elect or not to elect to work a
compressed work schedule, to work or not to work credit
hours, or to request or not to request compensatory
time off in lieu of payment for overtime hours.
``(B) For the purpose of subsection (A), the term
`intimidate, threaten, or coerce' includes, but is not
limited to, promising to confer or conferring any
benefit (such as appointment, promotion, or
compensation), or effecting or threatening to effect
any reprisal (such as deprivation of appointment,
promotion, or compensation).''
``(3) Collective bargaining agreement.--In a case in which
a valid collective bargaining agreement exists, an employee may
only be required to participate in such a program in accordance
with the agreement.
``(e) Application of Programs in the Case of Collective Bargaining
Agreements.--
``(1) Applicable requirements.--In the case of employees in
a unit represented by an exclusive representative, any flexible
or compressed schedule described in subsection (b) or (c),
respectively, and the establishment and termination of any such
schedule, shall be subject to the provisions of this section
and the terms of a collective bargaining agreement between the
employer and the exclusive representative.
``(2) Inclusion of employees.--Employees within a unit
represented by an exclusive representative shall not be
included within any program under this section except to the
extent expressly provided under a collective bargaining
agreement between the employer and the exclusive
representative.
``(3) Collective bargaining agreements.--Nothing in this
section shall be construed to diminish the obligation of an
employer to comply with any collective bargaining agreement or
any employment benefits program or plan that provides lesser or
greater rights to employees than the benefits established under
this section.
``(f) Definitions.--
``(1) Basic work requirement.--The term `basic work
requirement' means the number of hours, excluding overtime
hours, that an employee is required to work or is required to
account for by leave or otherwise.
``(2) Collective bargaining.--The term `collective
bargaining' means the performance of the mutual obligation of
the representative of an employer and the exclusive
representative of employees in an appropriate unit to meet at
reasonable times and to consult and bargain in a good-faith
effort to reach agreement with respect to the conditions of
employment affecting such employees and to execute, if
requested by either party, a written document incorporating any
collective bargaining agreement reached, but the obligation
referred to in this paragraph does not compel either party to
agree to a proposal or to make a concession.
``(3) Collective bargaining agreement.--The term
`collective bargaining agreement' means an agreement entered
into as a result of collective bargaining.
``(4) Credit hours.--The term `credit hours' means any
hours, within a flexible schedule established under subsection
(c), that are in excess of the basic work requirement of an
employee and that the employee elects to work so as to vary the
length of a workweek or a workday.
``(5) Employee.--The term `employee' means an employee, as
defined in section 3, except that the term shall not include an
employee, as defined in section 6121(2) of title 5, United
States Code.
``(6) Employer.--The term `employer' means an employer, as
defined in section 3, except that the term shall not include
any person acting in relation to an employee, as defined in
section 6121(2) of title 5, United States Code.
``(7) Exclusive representative.--The term `exclusive
representative' means any labor organization that--
``(A) is certified as the exclusive representative
of employees in an appropriate unit pursuant to Federal
law; or
``(B) was recognized by an employer immediately
before the date of enactment of this section as the
exclusive representative of employees in an appropriate
unit--
``(i) on the basis of an election; or
``(ii) on any basis other than an election;
and continues to be so recognized.
``(8) Overtime hours.--The term `overtime hours'--
``(A) when used with respect to flexible schedule
programs under subsection (c), means all hours in
excess of 8 hours in a day or 40 hours in a week that
are officially ordered in advance, but does not include
credit hours; and
``(B) when used with respect to compressed schedule
programs under subsection (b), means any hours in
excess of the specified hours that constitute the
compressed schedule.
``SEC. 13B. PRIORITY REHIRING.
``(a) Priority.--
``(1) In general.--Notwithstanding the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.), or any other
provision of law, if an employee of an employer takes a period
of not more than 5 years to care for a son, daughter or parent
of the employee, the employer may give priority treatment to
the former employee in a hiring decision after the family care
period.
``(2) No basis for violation or action.--Notwithstanding
any other provision of law, priority treatment to a former
employee as described in paragraph (1)(B) that is provided by
an employer in a manner consistent with this section shall not
constitute a violation by the employer of, or serve as a basis
for an action against an employer by another individual under,
the Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, or any other provision of law.
``(b) Relationship to Leave.--Nothing in this section shall be
construed to affect any leave benefit available under other law.
``(c) Effect on Benefits.--Nothing in this section shall be
construed to entitle any rehired employee to--
``(1) the accrual of any seniority or employment benefits
during any family care period; or
``(2) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee was
entitled prior to taking the family care period.
``(d) Periodic Reports.--Nothing in this section shall be construed
to prohibit an employer from requiring a former employee to report
periodically to the employer on the status and intention of the former
employee to apply for reemployment with the employer.
``(e) Collective Bargaining Agreements.--Nothing in this section
shall be construed to diminish the obligation of an employer to comply
with any collective bargaining agreement or any employment benefits
program or plan that provides lesser or greater rights to employees
than the benefits established under this section.
``(f) Definitions.--As used in this section:
``(1) Employment benefits.--The term `employment benefits'
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an `employee benefit plan', as defined in section 3(3)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
``(2) Family care period.--The term `family care period'
means a period of not more than 5 years during which an
individual who was an employee cares for a son, daughter, or
parent of the employee, as described in subsection (a)(1).
``(3) Former employee.--The term `former employee' means an
individual who--
``(A) was an employee; and
``(B) is taking a family care period.
``(4) Parent.--The term `parent' means the biological
parent of an employee or an individual who stood in loco
parentis to an employee when the employee was under 18 years of
age.
``(5) Rehired employee.--The term `rehired employee' means
an individual who--
``(A) was the employee of an employer; and
``(B) has been rehired by the employer after taking
a family care period.
``(6) Son or daughter.--The term `son or daughter' means a
biological, adopted, or foster child, a stepchild, a legal
ward, or a child of a person standing in loco parentis, who
is--
``(A) under 6 years of age; or
``(B) 6 years of age or older and incapable of
self-care because of a mental or physical disability.
``(g) Effective Dates.--This section shall take effect 6 months
after the date of enactment of this section.''.
SEC. 3. FAIR LABOR STANDARDS EXEMPTIONS.
(a) Employees Subject to Certain Leave Policies.--Section 13(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) is
amended by inserting before the semicolon at the end thereof the
following: ``, regardless of whether or not such executive,
administrative, professional, or outside sales employee--
``(A) is subject to reductions--
``(i) in accrued leave of any type; or
``(ii) in pay because of an absence of the
employee and because--
``(I) the accrued leave of the
employee was exhausted, or
``(II) the employee chose to be
absent without charging the accrued
leave of the employee,
regardless of the length of the leave or absence for
which the reductions are to be made, or
``(B) is subject to employer management policies or
practices with respect to--
``(i) the recording of hours worked,
``(ii) the establishment of regular working
hours,
``(iii) compensation of any type
(irrespective of the amount or method of
determination) that is above the salaried level
for a work week or work period, and
``(iv) suspension from work without pay for
disciplinary purposes''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to an employee (described in such amendment) before, on, and
after the date of enactment of this Act unless--
(1) an action was brought in a court involving the
application of section 13(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 213(a)(1)) to the employee; and
(2) a final judgment has been entered in the action on or
before the date of enactment of this Act.
SEC. 4. CONFORMING AMENDMENT TO TITLE 5, UNITED STATES CODE.
Section 6121(5) of title 5, United States Code, is amended to read
as follows:
``(5) `compressed schedule' means--
``(A) in the case of a schedule of a full-time
employee, a 160-hour basic work requirement, over a 4-
week period, that is scheduled for less than 20
workdays, and
``(B) in the case of a schedule of a part-time
employee, a basic work requirement, over a 4-week
period, of less than 160 hours, that is scheduled for
less than 20 workdays;''. | Work and Family Integration Act - Amends the Fair Labor Standards Act of 1938 to revise the 40-hour maximum workweek provision to allow employees to work flexible work schedules of 160 hours in any combination over a four-week period before employers would have to pay overtime compensation. Allows employees to request, and employers to provide, compensatory time-and-a-half off in lieu of compensatory overtime pay. Requires that any flexible work arrangement be agreed upon by both the employee and the employer, without coercion. Provides that collective bargaining agreements would remain unaffected.
Allows former employees a priority in rehiring if they take time off for up to five years in order to take care of their children or parents. Provides that such an employee's priority treatment may not be used as a basis for an action against the employer for violation of Federal equal protection laws.
Revises the salaried employee overtime exemption to allow flexible work schedules under such exemption.
Amends Federal civil service law to revise the definition of compressed schedule to conform with that under this Act. | {"src": "billsum_train", "title": "Work and Family Integration Act"} | 3,652 | 238 | 0.538789 | 1.513882 | 0.831489 | 1.524272 | 16.34466 | 0.796117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apprenticeship, Training, and
Employment Act of 2003''.
SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN
HIGHLY SKILLED SMALL BUSINESS TRADES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY
SKILLED SMALL BUSINESS TRADES.
``(a) General Rule.--For purposes of section 38, in the case of a
small business employer, the highly skilled trades training credit
determined under this section for the taxable year is $10,000 for each
employee (not to exceed 3 employees) having a qualified training year
ending with or within such taxable year (whether or not such employee
is an employee of the taxpayer as of the close of such taxable year).
``(b) Definitions.--For purposes of this section--
``(1) Small business employer.--
``(A) In general.--The term `small business
employer' means, with respect to any taxable year, any
employer who qualifies during such taxable year as a
specialty trade contractor under subsector 238 of
sector 23 contained in the table under section 121.201
of title 13, Code of Federal Regulations, as in effect
on the date of the enactment of this section.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(2) Qualified training year.--
``(A) In general.--The term `qualified training
year' means each year during the training period in
which the employee received at least 1,500 hours of
training (including on-the-job training and training at
multi-employer training facilities) from the taxpayer
(or any predecessor) under a qualified training program
as an apprentice in any highly skilled trade.
``(B) Highly skilled trades.--For purposes of
subparagraph (A), the term `highly skilled trades'
means any specialty trade specified under subsector 238
of sector 23 contained in the table under section
121.201 of title 13, Code of Federal Regulations, as in
effect on the date of the enactment of this section.
Such term shall not include any trade if the customary
apprenticeship period for such trade is less than 2
years.
``(C) Qualified training program.--
``(i) In general.--The term `qualified
training program' means a written plan of study
and training for individuals in, or entering
into, highly skilled trades.
``(ii) Description of programs.--A plan
under clause (i) must be a program which meets
the requirements of clause (iii) and is
either--
``(I) an apprenticeship program
registered and certified with the
Secretary of Labor under section 1 of
the National Apprenticeship Act (29
U.S.C. 50), or
``(II) a program licensed,
registered, or certified by the
workforce investment board or
apprenticeship agency or council of a
State or administered in compliance
with apprenticeship laws of a State.
``(iii) Requirements.--A program meets the
requirements of this clause if such program--
``(I) is accessible to individuals
without discrimination on the basis of
race, sex, color, religion, or national
origin,
``(II) provides an overview of the
trade, including the history and modern
developments in such trade,
``(III) provides related
instruction of the fundamental,
intermediate, and advanced skills,
techniques, and materials of the trade,
``(IV) provides training in math,
measurement, and blueprint reading
skills, if such skills are required in
the trade,
``(V) provides training on trade-
specific tools and equipment,
``(VI) provides trade specific
safety and health training,
``(VII) provides on-the-job
training which allows performance of
work under close supervision of an
instructor or skilled worker, and
``(VIII) provides periodic review
and evaluation of participants to
demonstrate proficiency in skills,
including the use of tests and
assessment of individual and group
projects.
``(3) Training period.--The term `training period' means,
with respect to an employee, the period--
``(A) beginning on the date that the employee
begins employment with the taxpayer as an apprentice in
the highly skilled trade, and
``(B) ending on the earlier of--
``(i) the date that such apprenticeship
with the employer ends, or
``(ii) the date which is 2 years after the
date referred to in subparagraph (A).
``(c) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(16) in the case of a small business employer (as defined
in section 45G(b)), the highly skilled trades training credit
determined under section 45G(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Training Expenses for Employees in Highly Skilled
Small Business Trades.--No deduction shall be allowed for that portion
of the expenses otherwise allowable as a deduction for the taxable year
which is equal to the amount of the credit determined for the taxable
year under section 45G(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Expenses for long-term
training of employees in highly
skilled small business
trades.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in the taxable years ending after
the date of the enactment of this Act. | Apprenticeship, Training, and Employment Act of 2003 - Amends the Internal Revenue Code to provide small employers with a highly skilled trades training credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for certain expenses for long-term training of employees in highly skilled small business trades."} | 1,532 | 34 | 0.525652 | 1.225572 | 0.465921 | 3.259259 | 51.111111 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Prevention Training for
Early Childhood Educators Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide grants to institutions that
carry out early childhood education training programs to enable the
institutions to include violence prevention training as part of the
preparation of individuals pursuing careers in early childhood
development and education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Aggressive behavior in early childhood is the single
best predictor of aggression in later life.
(2) Aggressive and defiant behavior predictive of later
delinquency is increasing among our Nation's youngest children.
Without prevention efforts, higher percentages of juveniles are
likely to become violent juvenile offenders.
(3) Research has demonstrated that aggression is primarily
a learned behavior that develops through observation,
imitation, and direct experience. Therefore, children who
experience violence as victims or as witnesses are at increased
risk of becoming violent themselves.
(4) In a study at a Boston city hospital, 1 out of every 10
children seen in the primary care clinic had witnessed a
shooting or a stabbing before the age of 6, with 50 percent of
the children witnessing in the home and 50 percent of the
children witnessing in the streets.
(5) A study in New York found that children who had been
victims of violence within their families were 24 percent more
likely to report violent behavior as adolescents, and
adolescents who had grown up in families where partner violence
occurred were 21 percent more likely to report violent
delinquency than individuals not exposed to violence.
(6) Aggression can become well-learned and difficult to
change by the time a child reaches adolescence. Early childhood
offers a critical period for overcoming risk for violent
behavior and providing support for prosocial behavior.
(7) Violence prevention programs for very young children
yield economic benefits. By providing health and stability to
the individual child and the child's family, the programs may
reduce expenditures for medical care, special education, and
involvement with the judicial system.
(8) Primary prevention can be effective. When preschool
teachers teach young children interpersonal problem-solving
skills and other forms of conflict resolution, children are
less likely to demonstrate problem behaviors.
(9) There is evidence that family support programs in
families with children from birth through 5 years of age are
effective in preventing delinquency.
SEC. 4. DEFINITIONS.
(a) At-Risk Child.--The term ``at-risk child'' means a child who
has been affected by violence through direct exposure to child abuse,
other domestic violence, or violence in the community.
(b) Early Childhood Education Training Program.--The term ``early
childhood education training program'' means a program that--
(1)(A) trains individuals to work with young children in
early child development programs or elementary schools; or
(B) provides professional development to individuals
working in early child development programs or elementary
schools;
(2) provides training to become an early childhood
education teacher, an elementary school teacher, a school
counselor, or a child care provider; and
(3) leads to a bachelor's degree or an associate's degree,
a certificate for working with young children (such as a Child
Development Associate's degree or an equivalent credential),
or, in the case of an individual with such a degree,
certificate, or credential, provides professional development.
(c) Elementary School.--The term ``elementary school'' has the
meaning given the term in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(d) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(e) Violence Prevention.--The term ``violence prevention'' means--
(1) preventing violent behavior in children;
(2) identifying and preventing violent behavior in at-risk
children; or
(3) identifying and ameliorating violent behavior in
children who act out violently.
SEC. 5. PROGRAM AUTHORIZED.
(a) Grant Authority.--The Secretary is authorized to award grants
to institutions that carry out early childhood education training
programs and have applications approved under section 6 to enable the
institutions to provide violence prevention training as part of the
early childhood education training program.
(b) Amount.--The Secretary shall award a grant under this Act in an
amount that is not less than $500,000 and not more than $1,000,000.
(c) Duration.--The Secretary shall award a grant under this Act for
a period of not less than 3 years and not more than 5 years.
SEC. 6. APPLICATION.
(a) Application Required.--Each institution desiring a grant under
this Act shall submit to the Secretary an application at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(b) Contents.--Each application shall--
(1) describe the violence prevention training activities
and services for which assistance is sought;
(2) contain a comprehensive plan for the activities and
services, including a description of--
(A) the goals of the violence prevention training
program;
(B) the curriculum and training that will prepare
students for careers which are described in the plan;
(C) the recruitment, retention, and training of
students;
(D) the methods used to help students find
employment in their fields;
(E) the methods for assessing the success of the
violence prevention training program; and
(F) the sources of financial aid for qualified
students;
(3) contain an assurance that the institution has the
capacity to implement the plan; and
(4) contain an assurance that the plan was developed in
consultation with agencies and organizations that will assist
the institution in carrying out the plan.
SEC. 7. SELECTION PRIORITIES.
The Secretary shall give priority to awarding grants to
institutions carrying out violence prevention programs that include 1
or more of the following components:
(1) Preparation to engage in family support (such as parent
education, service referral, and literacy training).
(2) Preparation to engage in community outreach or
collaboration with other services in the community.
(3) Preparation to use conflict resolution training with
children.
(4) Preparation to work in economically disadvantaged
communities.
(5) Recruitment of economically disadvantaged students.
(6) Carrying out programs of demonstrated effectiveness in
the type of training for which assistance is sought, including
programs funded under section 596 of the Higher Education Act
of 1965 (as such section was in effect prior to October 7,
1998).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$35,000,000 for each of the fiscal years 2000 through 2004. | Violence Prevention Training for Early Childhood Educators Act - Authorizes the Secretary of Education to award grants for a specified period to enable certain institutions to provide violence prevention training as part of early childhood education training programs. Prescribes application procedures.
Directs the Secretary to give priority to awarding grants to institutions whose violence prevention programs include specified components.
Authorizes appropriations. | {"src": "billsum_train", "title": "Violence Prevention Training for Early Childhood Educators Act"} | 1,438 | 82 | 0.447188 | 1.079349 | 0.678004 | 3.402985 | 20.880597 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Recreation and At-Risk Youth
Act of 1994''.
SEC. 2. FINDINGS.
Section 1002 of the Urban Park and Recreation Recovery Act of 1978
is amended by striking ``and'' at the end of subsection (d), by
striking the period at the end of subsection (e) and inserting ``;''
and by adding the following at the end thereof:
``(f) the quality of life in urban areas has suffered
because of decline in the availability of park and recreation
and systems, including land, facilities, and services;
``(g) the deterioration of urban park and recreation
facilities is due in part to the underfunding of Federal grant
programs intended to assist in the revitalization of urban
recreation facilities and allow us to take back our parks from
crime, vandalism, and dilapidation;
``(h) the urban neighborhoods eligible for assistance under
this title have deteriorated, in part, due to the rapid
increase in violent crime among youth;
``(i) accessible, well-maintained recreational facilities
and services have been shown to significantly decrease the
incidence of violent crime among youth and can be an effective
tool in efforts to prevent crime, increase public safety and
improve the quality of life of urban residents; and
``(j) urban sport and recreation programs teach important
values and life skills including teamwork, individual
responsibility, respect, leadership, and self-esteem which help
prevent young people from engaging in criminal behavior.''.
SEC. 3. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act of 1978
is amended by adding the following at the end thereof: ``It is further
the purpose of this title to improve recreation facilities and expand
recreation services in urban areas with a high incidence of crime and
to help deter crime through the expansion of recreation opportunities
for at-risk youth. It is the further purpose of this section to
increase the security of urban parks and to promote collaboration
between local agencies involved in parks and recreation, law
enforcement, youth social services, and the juvenile justice system.''.
SEC. 4. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act of 1978
is amended by inserting the following new subsection after subsection
(c) and by redesignating subsections (d) through (j) as (e) through (k)
respectively:
``(d) `at-risk youth recreation grants' means--
``(1) rehabilitation grants,
``(2) innovation grants, or
``(3) matching grants for continuing program
support for programs of demonstrated value or success
in providing constructive alternatives to youth at risk
for engaging in criminal behavior, including grants for
operating, or coordinating recreation programs and
services;
in neighborhoods and communities with a high prevalence of
crime, particularly violent crime or crime committed by
youthful offenders; in addition to the purposes specified in
subsection (b), rehabilitation grants referred to in paragraph
(1) of this subsection may be used for the provision of
lighting, emergency phones or other capital improvements which
will improve the security of urban parks;''.
SEC. 5. CRITERIA FOR SELECTION.
Section 1005(c) of the Urban Park and Recreation Recovery Act of
1978 is amended by striking ``and'' at the end of paragraph (6), by
striking the period at the end of paragraph (7) and inserting ``; and''
and by adding the following at the end thereof:
``(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
``(A) Programs which are targeted to youth who are
at the greatest risk of becoming involved in violence
and crime.
``(B) Programs which teach important values and
life skills, including teamwork, respect, leadership,
and self-esteem.
``(C) Programs which offer tutoring, remedial
education, mentoring, and counseling in addition to
recreation opportunities.
``(D) Programs which offer services during late
night or other nonschool hours.
``(E) Programs which demonstrate collaboration
between local park and recreation, juvenile justice,
law enforcement, and youth social service agencies and
nongovernmental entities, including the private sector
and community and nonprofit organizations.
``(F) Programs which leverage public or private
recreation investments in the form of services,
materials, or cash.
``(G) Programs which show the greatest potential of
being continued with non-Federal funds or which can
serve as models for other communities.''.
SEC. 6. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery Act of
1978 is amended by adding the following at the end thereof: ``In order
to be eligible to receive `at-risk youth recreation grants' a local
government shall amend its 5-year action program to incorporate the
goal of reducing crime and juvenile delinquency and to provide a
description of the implementation strategies to achieve this goal. The
plan shall also address how the local government is coordinating its
recreation programs with crime prevention efforts of law enforcement,
juvenile corrections, and youth social service agencies.''.
SEC. 7. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support.--Section 1013 of the Urban Park and Recreation
Recovery Act of 1978 is amended by inserting ``(a) In General.--''
after ``1013.'' and by adding the following new subsection at the end
thereof:
``(b) Program Support.--Not more than 25 percent of the amounts
made available under this title to any local government may be used for
program support.''.
(b) Extension.--Section 1003 of the Urban Park and Recreation
Recovery Act of 1978 is amended by striking ``for a period of five
years'' and by striking ``short-term''.
Passed the House of Representatives March 22, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Urban Recreation and At-Risk Youth Act of 1994 - Amends the Urban Park and Recreation Recovery Act of 1978 to authorize the Secretary of the Interior to provide, through the urban park and recreation recovery program, at-risk youth recreation grants in neighborhoods and communities with a high prevalence of crime, particularly violent crime or crime committed by youth, for purposes including the provision of lighting, emergency phones, or other capital improvements for the security of urban parks. Directs the Secretary to give grant priority to local government programs meeting specified criteria, including: (1) targeting youth at the greatest risk of becoming involved in violence and crime; (2) teaching important values and life skills; (3) offering education and counseling in addition to recreation opportunities; and (4) showing the greatest potential of being continued with non-Federal funds or serving as models. Requires local governments, to be eligible for such grants, to include strategies to reduce crime and juvenile delinquency in their five-year action programs for park and recreation recovery. Requires no more than 25 percent of Federal grant funds made available under such Act to be used for program support. Repeals provisions limiting the duration of the urban park and recreation recovery program to five years. | {"src": "billsum_train", "title": "Urban Recreation and At-Risk Youth Act of 1994"} | 1,310 | 254 | 0.635246 | 1.811247 | 0.674927 | 3.630705 | 5.290456 | 0.892116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jean Lafitte National Historical
Park and Preserve Boundary Adjustment Act of 2006''.
SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``twenty thousand acres generally depicted on the map entitled
`Barataria Marsh Unit-Jean Lafitte National Historical Park and
Preserve' numbered 90,000B and dated April 1978,'' and inserting
``23,000 acres generally depicted on the map titled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered 467/80100, and dated August 2002,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
boundary of the Barataria Preserve Unit, as depicted on
the map described in section 901, by donation, purchase
with donated or appropriated funds, but only with the
consent of the owner, transfer from any other Federal
agency, or exchange.
``(B) Limitations.--
``(I) Federal land.--Any Federal land
acquired in the areas identified on the map as
the `Bayou aux Carpes Addition' and `CIT Tract
Addition' (the `Areas') shall be transferred
without consideration to the administrative
jurisdiction of the National Park Service.
``(II) Easements.--Any Federal land in the
Areas that is transferred under clause (I)
shall be subject to any easements that have
been agreed to by the Secretary and the
Secretary of the Army.
``(III) Private interests.--Any private
land, water, or interests in land and water in
the Barataria Preserve Unit may be acquired by
the Secretary only with the consent of the
owner.'';
(B) in the second sentence, by striking ``The
Secretary may also'' and inserting the following:
``(2) French quarter.--The Secretary may'';
(C) in the third sentence, by striking ``Lands,
waters, and interests therein'' and inserting the
following:
``(3) Acquisition of state land.--Land, water, and
interests in land and water''; and
(D) in the fourth sentence, by striking ``In
acquiring'' and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.''; and
(3) by redesignating subsection (g) as subsection (c).
(c) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence--
(1) by inserting after ``Barataria Marsh Unit'' ``, but
only as to land, water, or interests in land and water managed
by the Secretary''; and
(2) by striking ``within the core area'' and all that
follows through ``he may'' and inserting ``the Secretary may''.
(d) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
SEC. 3. REFERENCES IN LAW.
(a) In General.--Any reference in a law (including regulations),
map, document, paper, or other record of the United States--
(1) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(2) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(b) Conforming Amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(1) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(2) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''.
Passed the House of Representatives September 25, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2006 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation; and (2) authorize the Secretary of the Interior (the Secretary) to acquire any such additional land, water, and interests in land and water by donation, purchase (but only with the owner's consent), transfer from any other federal agency, or exchange.
Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to: (1) be transferred without consideration to the administrative jurisdiction of the National Park Service; and (2) any federal land in the Additions that is transferred, be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army. Permits the acquisition of any private land, water, or interests in land and water in the Unit only with the owner's consent.
Modifies and/or eliminates certain provisions related to the acquisition of property within the Unit.
Permits hunting, fishing, and trapping within the Unit, but only as to land, water, or interests in land and water managed by the Secretary. Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons. | {"src": "billsum_train", "title": "To adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes."} | 1,275 | 325 | 0.721151 | 2.267902 | 0.795845 | 4.035088 | 3.775439 | 0.85614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``What Works to Move Welfare
Recipients into Jobs Act''.
SEC. 2. STRENGTHENING WELFARE RESEARCH AND EVALUATION AND DEVELOPMENT
OF A WHAT WORKS CLEARINGHOUSE.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
to read as follows:
``SEC. 413. EVALUATION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND
RELATED PROGRAMS.
``(a) Evaluation of the Impacts of TANF.--The Secretary shall
conduct research on the effect of State programs funded under this part
and any other State program funded with qualified State expenditures
(as defined in section 409(a)(7)(B)(i)) on employment, self-
sufficiency, child well-being, unmarried births, marriage, poverty,
economic mobility, and other factors as determined by the Secretary.
``(b) Evaluation of Grants to Improve Child Well-being by Promoting
Healthy Marriage and Responsible Fatherhood.--The Secretary shall
conduct research to determine the effects of the grants made under
section 403(a)(2) on child well-being, marriage, family stability,
economic mobility, poverty, and other factors as determined by the
Secretary.
``(c) Dissemination of Information.--The Secretary shall, in
consultation with States receiving funds provided under this part,
develop methods of disseminating information on any research,
evaluation, or study conducted under this section, including
facilitating the sharing of information and best practices among States
and localities.
``(d) State-initiated Evaluations.--A State shall be eligible to
receive funding to evaluate the State program funded under this part or
any other State program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) if--
``(1) the State submits to the Secretary a description of
the proposed evaluation;
``(2) the Secretary determines that the design and approach
of the proposed evaluation is rigorous and is likely to yield
information that is credible and will be useful to other
States; and
``(3) unless waived by the Secretary, the State contributes
to the cost of the evaluation, from non-Federal sources, an
amount equal to at least 25 percent of the cost of the proposed
evaluation.
``(e) Census Bureau Research.--
``(1) The Bureau of the Census shall implement or enhance
household surveys of program participation, in consultation
with the Secretary and the Burueau of Labor Statistics and made
available to interested parties, to allow for the assessment of
the outcomes of continued welfare reform on the economic and
child well-being of low-income families with children,
including those who received assistance or services from a
State program funded under this part or any other State program
funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)). The content of the surveys should include
such information as may be necessary to examine the issues of
unmarried childbearing, marriage, welfare dependency and
compliance with work requirements, the beginning and ending of
spells of assistance, work, earnings and employment stability,
and the well-being of children.
``(2) To carry out the activities specified in paragraph
(1), the Bureau of the Census, the Secretary, and the Bureau of
Labor Statistics shall consider ways to improve the surveys and
data derived from the surveys to--
``(A) address underreporting of the receipt of
means-tested benefits and tax benefits for low-income
individuals and families;
``(B) increase understanding of poverty spells and
long-term poverty, including by facilitating the
matching of information to better understand
intergenerational poverty;
``(C) generate a better geographical understanding
of poverty such as through State-based estimates and
measures of neighborhood poverty;
``(D) increase understanding of the effects of
means-tested benefits and tax benefits on the earnings
of low-income families; and
``(E) improve how poverty and economic well-being
are measured, including through the use of consumption
measures.
``(f) Research and Evaluation Conducted Under This Section.--
Research and evaluation conducted under this section designed to
determine the effects of a program or policy (other than research
conducted under subsection (e)) shall use experimental designs using
random assignment or other reliable, evidence-based research
methodologies that allow for the strongest possible causal inferences
when random assignment is not feasible.
``(g) Development of What Works Clearinghouse of Proven and
Promising Approaches to Move Welfare Recipients Into Work.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor, shall develop a database (which shall be
referred to as the `What Works Clearinghouse of Proven and
Promising Projects to Move Welfare Recipients into Work') of
the projects that used a proven approach or a promising
approach in moving welfare recipients into work, based on
independent, rigorous evaluations of the projects. The database
shall include a separate listing of projects that used a
developmental approach in delivering services and a further
separate listing of the projects with no or negative effects.
The Secretary shall add to the What Works Clearinghouse of
Proven and Promising Projects to Move Welfare Recipients into
Work data about the projects that, based on an independent,
well-conducted experimental evaluation of a program or project,
using random assignment or other research methodologies that
allow for the strongest possible causal inferences, have shown
they are proven, promising, developmental, or ineffective
approaches.
``(2) Criteria for evidence of effectiveness of approach.--
The Secretary, in consultation with the Secretary of Labor and
organizations with experience in evaluating research on the
effectiveness of various approaches in delivering services to
move welfare recipients into work, shall--
``(A) establish criteria for evidence of
effectiveness; and
``(B) ensure that the process for establishing the
criteria--
``(i) is transparent;
``(ii) is consistent across agencies;
``(iii) provides opportunity for public
comment; and
``(iv) takes into account efforts of
Federal agencies to identify and publicize
effective interventions, including efforts at
the Department of Health and Human Services,
the Department of Education, and the Department
of Justice.
``(3) Definitions.--In this subsection:
``(A) Approach.--The term `approach' means a
process, product, strategy, or practice that is--
``(i) research-based, based on the results
of 1 or more empirical studies, and linked to
program-determined outcomes; and
``(ii) evaluated using rigorous research
designs.
``(B) Proven approach.--The term `proven approach'
means an approach that--
``(i) meets the requirements of a promising
approach; and
``(ii) has demonstrated significant
positive outcomes at more than 1 site in terms
of increasing work and earnings of
participants, reducing poverty and dependence,
or strengthening families.
``(C) Promising approach.--The term `promising
approach' means an approach--
``(i) that meets the requirements of
subparagraph (D)(i);
``(ii) that has been evaluated using well-
designed and rigorous randomized controlled or
quasi-experimental research designs;
``(iii) that has demonstrated significant
positive outcomes at only 1 site in terms of
increasing work and earnings of participants,
reducing poverty and dependence, or
strengthening families; and
``(iv) under which the benefits of the
positive outcomes have exceeded the costs of
achieving the outcomes.
``(D) Developmental approach.--The term
`developmental approach' means an approach that--
``(i) is research-based, grounded in
relevant empirically-based knowledge, and
linked to program-determined outcomes;
``(ii) is evaluated using rigorous research
designs; and
``(iii) has yet to demonstrate a
significant positive outcome in terms of
increasing work and earnings of participants in
a cost-effective way.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall take effect on October 1,
2016. | What Works to Move Welfare Recipients into Jobs Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title VI of the Social Security Act to revise requirements for research by the Department of Health and Human Services (HHS) on the benefits, effects, and costs of operating different state programs funded under part A and any other state program funded with qualified state expenditures. (Sec. 2) Such research shall focus on the effect of these programs as well as of healthy marriage promotion and responsible fatherhood grants on employment, self-sufficiency, child well-being, unmarried births, marriage, poverty, economic mobility, and other factors determined by HHS. A state's contribution to the cost of a state-initiated evaluation of its program, from non-federal sources, shall increase from at least 10% to at least 25% of the cost of the proposed evaluation. The Bureau of the Census shall implement or enhance household surveys of program participation to allow for assessment of the outcomes of continued welfare reform on the economic and child well-being of low-income families with children, including those who received assistance or services from a state program funded under TANF or any other state program funded with qualified state expenditures. Research and evaluation designed to determine the effects of a program or policy (other than Census Bureau research) shall use experimental designs using random assignment or other reliable, evidence-based research methodologies that allow for the strongest possible casual inferences when random assignment is not feasible. HHS shall develop a database of the projects that used a proven or a promising approach in moving welfare recipients into work, which shall be called the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work. | {"src": "billsum_train", "title": "What Works to Move Welfare Recipients into Jobs Act"} | 1,821 | 381 | 0.732178 | 2.426224 | 0.897093 | 5.480597 | 5.029851 | 0.925373 |
entitled ``Joint Resolution
increasing the statutory limit on the public debt'' (Public Law 111-
139; 31 U.S.C. 712 note) is amended to read as follows:
``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF
UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.
``(a) In General.--The Comptroller General of the United States
shall--
``(1) conduct routine investigations to identify programs,
agencies, offices, and initiatives with unnecessarily
duplicative goals and activities within departments and
agencies and Governmentwide; and
``(2) submit to Congress an annual report on the findings
of the investigations under paragraph (1).
``(b) Contents of Reports.--Reports submitted under subsection
(a)(2) shall, to the extent possible--
``(1) include--
``(A) information from available reports estimating
the cost of unnecessary duplication identified under
subsection (a)(1); and
``(B) recommendations for consolidation,
coordination, and elimination to reduce unnecessary
duplication, which shall identify specific rescissions;
and
``(2) aggregate separately--
``(A) estimates of related costs reported by the
Comptroller General for instances of actual and
potential unnecessary duplication; and
``(B) estimates of other potential cost savings and
revenue collection reported by the Comptroller General
during the period covered by the report.''.
SEC. 4. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY DUPLICATION.
(a) Systematic Agency Review of Operations.--Section 305(c) of
title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``, and ways in which
the agency might improve its performance toward its mission''
before the semicolon;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) informing the processes of the agency for learning
and decisionmaking;
``(3) assessing potential opportunities to improve
coordination within the agency and with other agencies, and to
address actual and potential unnecessary duplication;''; and
(4) in paragraph (5), as so redesignated, by inserting
``and performance toward achieving the mission of the agency''
before the period.
(b) Chief Operating Officers.--Section 1123(b) of title 31, United
States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``evaluation,'' after
``measurement,''; and
(B) by inserting ``risk management,'' after
``progress,'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) address crosscutting program and management issues,
including opportunities to improve coordination and address
unnecessary duplication, within and external to the agency
using an enterprise risk management approach;'';
(4) in paragraph (4), as so redesignated, by inserting ``of
mission-oriented components and units and mission support''
after ``management''; and
(5) in paragraph (5), as so redesignated--
(A) by striking ``such as the Chief'' and inserting
the following: ``such as--
``(A) the heads of mission-related components and
units at the agency and the major components of the
agency; and
``(B) the Chief''.
(B) by striking ``other line of business'' and all
that follows and inserting ``heads of mission support
functions at the agency and at the major components of
the agency.''.
(c) Federal Government and Agency Performance Plans.--Section 1115
of title 31, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``, including actual
or potential unnecessary duplication,'' after ``crosscutting in
nature'';
(2) in subsection (b)(9), in the matter preceding
subparagraph (A), by inserting ``, including actual or
potential unnecessary duplication,'' after ``agency faces'';
and
(3) in subsection (h)--
(A) by redesignating paragraphs (5) through (12) as
paragraphs (6) through (13), respectively;
(B) by inserting after paragraph (4) the following:
``(5) `enterprise risk management' means the processes that
are used to address the full spectrum of risks across multiple
programs and organizations that are located within a larger
entity or initiative, placing the risks into an integrated and
interrelated portfolio, and prioritizing their mitigation;'';
(C) in paragraph (12), as so redesignated, by
striking ``and'' at the end;
(D) in paragraph (13), as so redesignated, by
striking the period and inserting a semicolon; and
(E) by adding at the end the following:
``(14) `risk' means the possibility of--
``(A) an adverse event or phenomenon occurring; or
``(B) a beneficial opportunity remaining
unexploited; and
``(15) `risk management' means the processes that are used
to identify, assess, prioritize, monitor, mitigate, and report
on risks to achieving the missions, goals, and objectives of a
department, agency, or program, or group thereof, using
resources and processes appropriate to the nature of the risks
and resources available.''.
(d) Federal Government and Agency Priority Goals.--Section 1120 of
title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by
inserting ``and mission support'' after
``management''; and
(ii) in clause (v), by striking the
semicolon and inserting a period; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A)
through (G) as clauses (i) through (vii) and
adjusting the margin accordingly;
(ii) by striking ``shall consult'' and
inserting the following: ``shall--
``(A) consider recommendations of the Government
Accountability Office in--
``(i) the annual report submitted under
section 21 of the Joint Resolution entitled
`Joint Resolution increasing the statutory
limit on the public debt' (Public Law 111-139;
31 U.S.C. 712 note); or
``(ii) the High Risk list; and
``(B) consult''; and
(iii) in subparagraph (B)(vii), as so
redesignated, by striking the semicolon and
inserting a period; and
(2) in subsection (b)(1)(A), by inserting ``biennial''
before ``consultations''.
(e) Performance Improvement Officers and the Performance
Improvement Council.--Section 1124 of title 31, United States Code, is
amended--
(1) in subsection (a)(2)(A)--
(A) by inserting ``, in collaboration with heads of
agency components and mission support functions,''
after ``Officer'';
(B) by inserting ``evaluation,'' after
``measurement,''; and
(C) by inserting ``risk management,'' after
``progress,''; and
(2) in subsection (b)(2)--
(A) in subparagraph (D), by inserting ``including
issues relating to coordination and unnecessary
duplication,'' after ``issues,'';
(B) in subparagraph (E), by inserting ``and with
non-Federal stakeholders, including States and local
governments,'' after ``exchange among agencies'';
(C) in subparagraph (F), by inserting ``and mission
support'' after ``management'';
(D) in subparagraph (I), by striking ``and'' at the
end;
(E) in subparagraph (J), by striking the period at
the end and inserting a semicolon; and
(F) by adding at the end the following:
``(K) establish a public website; and
``(L) place annually and archive on the website a
detailed annual report describing the Performance
Improvement Council's--
``(i) structure (including any committees
or task forces);
``(ii) budget and relevant sources of
funds;
``(iii) staffing, on a full-time equivalent
basis (including an accounting of details from
agencies); and
``(iv) past, current, and planned
activities.''.
(f) Elimination of Unnecessary Agency Reporting.--Section
1125(a)(1) of title 31, United States Code, is amended by striking
``reports;'' and inserting the following: ``reports, and place the list
on a public website, which shall include, for each plan or report--
``(A) a citation to the relevant statutory
requirement or direction in a congressional report; and
``(B) an indication of whether and how the agency
is complying with the requirement to produce the plan
or report, including a citation to the means through
which the agency submits the plan or report;''.
(g) Agency Reports.--Section 720(b) of title 31, United States
Code, is amended, in the matter preceding paragraph (1), by inserting
``, including the annual report on unnecessarily duplicative goals and
activities within departments and governmentwide required under section
21 of the joint resolution entitled `A joint resolution increasing the
statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712
note) and the High Risk list of the Government Accountability Office,''
after ``makes a report''. | Getting Results through Enhanced Accountability and Transparency Act of 2016 (Sec. 3) This bill requires that the Government Accountability Office's (GAO's) annual report on its routine investigations to identify programs, agencies, offices, and initiatives with unnecessarily duplicative goals and activities aggregate separately estimates of related costs for instances of actual and potential unnecessary duplication and other potential cost savings and revenue collection. (Sec. 4) When executive agencies (with certain exceptions) conduct their systemic review of operations on a continuing basis, the purpose of their reviews must include: (1) improving agency performance toward their mission, (2) informing learning and decision-making processes, (3) assessing opportunities to improve coordination within the agency and with other agencies, and (4) identifying employees who cause their units to be outstanding toward achieving the agency's mission. Chief operating officers' responsibilities are expanded to include: (1) improving evaluation and risk management; (2) addressing crosscutting program and management issues, including opportunities to improve coordination and address unnecessary duplication, using an enterprise risk management approach; (3) overseeing agency-specific efforts to improve management of mission-oriented components and units; and (4) coordinating with mission-related components, units, and support functions at their agency and the major components of their agency. The Office of Management and Budget's (OMB's) federal government performance plan submitted with each budget must provide plans to address management challenges concerning unnecessary duplication. Agency performance plans for each program activity set forth in the budget must include planned actions and performance goals for resolving such challenges. The OMB's federal government priority goals must include mission support for financial, human capital, information technology, procurement, and real estate management. The OMB must consider GAO recommendations when developing or adjusting such goals. Performance improvement officers must collaborate with the heads of agency components and mission support functions when they advise on strategic planning. Their advice must include performance evaluation and risk management. The Performance Improvement Council's (PIC's) functions are expanded to include: (1) resolving government-wide issues relating to coordination and unnecessary duplication; (2) facilitating the exchange of performance improvement practices with state and local governments and other nonfederal stakeholders; and (3) coordinating with interagency mission support councils. PIC must also publish annual reports describing its structure, budgets, funding, staffing, and activities. The chief operating officers of agencies must publish all of the plans and reports produced for Congress with citations to the relevant statutory requirements. Agencies must submit to Congress statements regarding the actions they have taken in response to recommendations in the GAO's: (1) annual report on unnecessarily duplicative goals and activities; and (2) High Risk list of fraud, waste, abuse, and mismanagement. | {"src": "billsum_train", "title": "Getting Results through Enhanced Accountability and Transparency Act of 2016"} | 2,253 | 595 | 0.591052 | 2.052972 | 0.728186 | 2.175601 | 3.831793 | 0.767098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institution Digital
and Wireless Technology Opportunity Act of 2003''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by inserting the following after subsection
(f):
``(g) Minority Serving Institution Digital and Wireless Technology
Opportunity Program.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish a Minority Serving Institution
Digital and Wireless Technology Opportunity Program to assist
eligible institutions in acquiring, and augmenting their use
of, digital and wireless networking technologies to improve the
quality and delivery of educational services at eligible
institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation,
networking capability, hardware and software, digital
network technology, wireless technology, and
infrastructure to further the objective of the Program
described in paragraph (1);
``(B) to develop and provide training, education,
and professional development programs, including
faculty development, to increase the use of, and
usefulness of, digital and wireless networking
technology;
``(C) to provide teacher education, including the
provision of preservice teacher training and in-service
professional development at eligible institutions,
library and media specialist training, and preschool
and teacher aid certification to individuals who seek
to acquire or enhance technology skills in order to use
digital and wireless networking technology in the
classroom or instructional process;
``(D) to obtain capacity-building technical
assistance, including through remote technical support,
technical assistance workshops, and distance learning
services; and
``(E) to foster the use of digital and wireless
networking technology to improve research and
education, including scientific, mathematics,
engineering, and technology instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a
grant, cooperative agreement, or contract under this
subsection, an eligible institution shall submit an
application to the Under Secretary at such time, in
such manner, and containing such information as the
Under Secretary may require. Such application, at a
minimum, shall include a description of how the funds
will be used, including a description of any digital
and wireless networking technology to be acquired, and
a description of how the institution will ensure that
digital and wireless networking will be made accessible
to, and employed by, students, faculty, and
administrators. The Under Secretary, consistent with
subparagraph (C) and in consultation with the advisory
council established under subparagraph (B), shall
establish procedures to review such applications. The
Under Secretary shall publish the application
requirements and review criteria in the Federal
Register, along with a statement describing the
availability of funds.
``(B) Advisory council.--The Under Secretary shall
establish an advisory council to advise the Under
Secretary on the best approaches to encourage maximum
participation by eligible institutions in the program
established under paragraph (1), and on the procedures
to review proposals submitted to the program. In
selecting the members of the advisory council, the Under Secretary
shall consult with representatives of appropriate organizations,
including representatives of eligible institutions, to ensure that the
membership of the advisory council includes representatives of minority
businesses and eligible institution communities. The Under Secretary
shall also consult with experts in digital and wireless networking
technology to ensure that such expertise is represented on the advisory
council.
``(C) Review panels.--Each application submitted
under this subsection by an eligible institution shall
be reviewed by a panel of individuals selected by the
Under Secretary to judge the quality and merit of the
proposal, including the extent to which the eligible
institution can effectively and successfully utilize
the proposed grant, cooperative agreement, or contract
to carry out the program described in paragraph (1).
The Under Secretary shall ensure that the review panels
include representatives of minority serving
institutions and others who are knowledgeable about
eligible institutions and technology issues. The Under
Secretary shall ensure that no individual assigned
under this subsection to review any application has a
conflict of interest with regard to that application.
The Under Secretary shall take into consideration the
recommendations of the review panel in determining
whether to award a grant, cooperative agreement, or
contract to an eligible institution.
``(D) Information dissemination.--The Under
Secretary shall convene an annual meeting of eligible
institutions receiving grants, cooperative agreements,
or contracts under this subsection to foster
collaboration and capacity-building activities among
eligible institutions.
``(E) Matching requirement.--The Under Secretary
may not award a grant, cooperative agreement, or
contract to an eligible institution under this
subsection unless such institution agrees that, with
respect to the costs incurred by the institution in
carrying out the program for which the grant,
cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the
grant, cooperative agreement, or contract awarded by
the Under Secretary, or $500,000, whichever is the
lesser amount. The Under Secretary shall waive the
matching requirement for any institution or consortium
with no endowment, or an endowment that has a current
dollar value lower than $50,000,000.
``(F) Awards.--
``(i) Limitation.--An eligible institution
that receives a grant, cooperative agreement,
or contract under this subsection that exceeds
$2,500,000 shall not be eligible to receive
another grant, cooperative agreement, or
contract.
``(ii) Consortia.--Grants, cooperative
agreements, and contracts may only be awarded
to eligible institutions. Eligible institutions
may seek funding under this subsection for
consortia which may include other eligible
institutions, a State or a State education
agency, local education agencies, institutions
of higher education, community-based
organizations, national nonprofit
organizations, or businesses, including
minority businesses.
``(iii) Planning grants.--The Under
Secretary may provide funds to develop
strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In
awarding grants, cooperative agreements, and
contracts to eligible institutions, the Under
Secretary shall ensure, to the extent
practicable, that awards are made to all types
of institutions eligible for assistance under
this subsection.
``(v) Need.--In awarding funds under this
subsection, the Under Secretary shall give
priority to the institution with the greatest
demonstrated need for assistance.
``(G) Annual report and evaluation.--
``(i) Annual report required from
recipients.--Each institution that receives a
grant, cooperative agreement, or contract
awarded under this subsection shall provide an
annual report to the Under Secretary on its use
of the grant, cooperative agreement, or
contract.
``(ii) Independent assessment.--Not later
than 6 months after the date of enactment of
this subsection, the Under Secretary shall
enter into a contract with the National Academy
of Public Administration to conduct periodic
assessments of the program. The Assessments
shall be conducted once every 3 years during
the 10-year period following the enactment of
this subsection. The assessments shall include
an evaluation of the effectiveness of the
program in improving the education and training
of students, faculty and staff at eligible
institutions that have been awarded grants,
cooperative agreements, or contracts under the
program; an evaluation of the effectiveness of
the program in improving access to, and
familiarity with, digital and wireless
networking technology for students, faculty,
and staff at all eligible institutions; an
evaluation of the procedures established under
paragraph (3)(A); and recommendations for
improving the program, including
recommendations concerning the continuing need for Federal support. In
carrying out its assessments, the National Academy of Public
Administration shall review the reports submitted to the Under
Secretary under clause (i).
``(iii) Report to congress.--Upon
completion of each independent assessment
carried out under clause (ii), the Under
Secretary shall transmit the assessment to
Congress along with a summary of the Under
Secretary's plans, if any, to implement the
recommendations of the National Academy of
Public Administration.
``(H) Definitions.--In this subsection:
``(i) Digital and wireless networking
technology.--The term `digital and wireless
networking technology' means computer and
communications equipment and software that
facilitates the transmission of information in
a digital format.
``(ii) Eligible institution.--The term
`eligible institution' means an institution
that is--
``(I) a historically Black college
or university that is a part B
institution, as defined in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)), an
institution described in section
326(e)(1)(A), (B), or (C) of that Act
(20 U.S.C. 1063b(e)(1)(A), (B), or
(C)), or a consortium of institutions
described in this subparagraph;
``(II) a Hispanic-serving
institution, as defined in section
502(a)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)(5));
``(III) a tribally controlled
college or university, as defined in
section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C.
1059c(b)(3));
``(IV) an Alaska Native-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b));
``(V) a Native Hawaiian-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(VI) an institution of higher
education (as defined in section 365 of
the Higher Education Act of 1965 (20
U.S.C. 1067k)) with an enrollment of
needy students (as defined in section
312(d) of the Higher Education Act of
1965 (20 U.S.C. 1058(d)).
``(iii) Institution of higher education.--
The term `institution of higher education' has
the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
``(iv) Local educational agency.--The term
`local educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term
`minority business' includes HUBZone small
business concerns (as defined in section 3(p)
of the Small Business Act (15 U.S.C. 632(p)).
``(vi) Minority individual.--The term
`minority individual' means an American Indian,
Alaskan Native, Black (not of Hispanic origin),
Hispanic (including persons of Mexican, Puerto
Rican, Cuban and Central or South American
origin), or Pacific Islander individual.
``(vii) State.--The term `State' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(viii) State educational agency.--The
term `State educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Technology
Administration of the Department of Commerce to carry out section 5(g)
of the Stevenson-Wydler Technology Innovation Act of 1980--
(1) $250,000,000 for fiscal year 2004;
(2) $250,000,000 for fiscal year 2005;
(3) $250,000,000 for fiscal year 2006;
(4) $250,000,000 for fiscal year 2007; and
(5) $250,000,000 for fiscal year 2008. | Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003 (sic)- Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible educational institutions in acquiring, and augmenting use of, digital and wireless networking technologies to improve the quality and delivery of educational services at such institutions. Defines as eligible institutions: (1) historically Black colleges or universities, (2) a Hispanic-, Alaskan Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution with a sufficient enrollment of needy students as defined under the Higher Education Act of 1965. Outlines authorized assistance activities. Directs the Under Secretary of Commerce for Technology to: (1) establish an advisory council to advise on the best approaches toward maximum Program participation by eligible institutions; and (2) ensure that grant awards are made to all types of eligible institutions
Requires Program assessment every three years by the National Academy of Public Administration.
Requires: (1) each institution receiving assistance to report annually to the Under Secretary on the use of such funds; and (2) the Under Secretary to report assessment results to Congress.
Authorizes appropriations for FY 2004 through 2008 for the Program.
Acknowledges and recognizes the significant achievements and contributions of African-American scientists, mathematicians, and inventors. | {"src": "billsum_train", "title": "To establish a digital and wireless network technology program, and for other purposes."} | 2,576 | 300 | 0.6151 | 1.890228 | 0.767634 | 3.172794 | 9.088235 | 0.900735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Adviser Oversight Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the activities of investment advisers are of continuing
national concern;
(2) increased supervision of investment advisers by the
Securities and Exchange Commission (hereafter in this Act
referred to as the ``Commission'') is necessary to protect
investors from fraud and other illegal conduct;
(3) additional resources are necessary to recover the
Commission's costs of an enhanced program for the oversight of
investment advisers and their activities, including the costs
of registration and inspections; and
(4) because the direct beneficiaries of these activities
are investment advisers, it is appropriate for investment
advisers to pay fees for such activities.
SEC. 3. REGISTERED INVESTMENT ADVISER FEES.
(a) In General.--The Investment Advisers Act of 1940 (15 U.S.C.
80b-1 et seq.) is amended by inserting after section 203 the following
new section:
``SEC. 203A. FEES FOR REGISTRANTS AND APPLICANTS.
``(a) In General.--The Commission is authorized, in accordance with
this section, to collect fees to recover the costs of enhanced efforts
to register all persons required to be registered under this title and
enhanced supervision and regulation of investment advisers and their
activities. Such fees shall be collected and shall be made available
only to the extent provided in advance in appropriations Acts. Such
fees shall be deposited as an offsetting collection to the Commission's
appropriation and shall remain available until expended. The costs
covered by such fees shall be the costs of Commission expenses for the
registration and inspection of investment advisers and related
activities.
``(b) Time for Payment.--
``(1) Applicants.--At the time of filing an application for
registration under this title, the applicant shall pay to the
Commission the fee directed in advance in appropriations Acts
to be collected as specified in subsection (c). No part of such
fee shall be refunded to the applicant. The filing of an
application for registration under this title shall not be
deemed to have occurred unless the application is accompanied
by the fee required under this section.
``(2) Investment advisers.--Each investment adviser whose
registration is effective on the last day of its fiscal year
shall pay such fee to the Commission not later than 90 days
after the end of its fiscal year, or at such other time as the
Commission, by rule, shall determine, unless its registration
has been withdrawn, canceled, or revoked prior to that date. No
part of such fee shall be refunded to the investment adviser.
``(c) Schedule of Fees.--The amount of fees due from investment
advisers in accordance with paragraphs (1) and (2) of subsection (b)
shall be determined according to the following schedule:
``Assets under management Fee due:
Less than $10,000,000......................... $300
$10,000,000 or more, but less than $25,000,000 $500
$25,000,000 or more, but less than $50,000,000 $1,000
$50,000,000 or more, but less than $2,500
$100,000,000.
$100,000,000 or more, but less than $4,000
$250,000,000.
$250,000,000 or more, but less than $5,000
$500,000,000.
$500,000,000 or more.......................... $7,000.
``(d) Suspension for Failure To Pay.--The Commission, by order, may
suspend the registration of any investment adviser if it finds (after
notice) that such investment adviser has failed to pay when due any fee
required by this section. The Commission shall reinstate such
registration upon payment of the fee (and any penalties due), if such
suspension was based solely on the failure to pay the fee.
``(e) Rulemaking.--The Commission may adopt such rules and
regulations as are necessary to carry out this section.''.
(b) Effective Date.--This section (and the amendment made by this
section) shall become effective upon the adoption by the Commission of
implementing rules and regulations, under section 203A(e) of the
Investment Advisers Act of 1940, as added by subsection (a).
SEC. 4. FACILITIES FOR FILING RECORDS AND REPORTS.
Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
4) is amended--
(1) by inserting ``(a)'' after ``Sec. 204.''; and
(2) by adding at the end the following:
``(b) The Commission, by rule, may require any investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required by this title or by the rules issued
under this title through any person designated by the
Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing.''.
SEC. 5. BOND REQUIREMENT.
(a) In General.--Section 208 of the Investment Advisers Act of 1940
(15 U.S.C. 80b-8) is amended by adding at the end the following:
``(e)(1) The Commission may require, by rules and regulations for
the protection of investors, any investment adviser registered under
section 203 that--
``(A) is authorized to exercise investment discretion, as
defined in section 3(a)(35) of the Securities Exchange Act of
1934, with respect to an account;
``(B) has access to the securities or funds of a client; or
``(C) is an investment adviser of an investment company, as
defined in section 2(a)(20) of the Investment Company Act of
1940,
to obtain a bond from a reputable fidelity insurance company against
larceny and embezzlement in such reasonable amounts and covering such
officers, partners, directors, and employees of the investment adviser
as the Commission may prescribe.
``(2) In implementing paragraph (1), the Commission shall
consider--
``(A) the degree of risk to client assets that is involved;
``(B) the cost and availability of fidelity bonds;
``(C) existing fidelity bonding requirements;
``(D) any alternative means to protect client assets; and
``(E) the results, findings, and conclusions of the study
required by paragraph (3).
``(3) Before implementing paragraph (1), the Commission shall study
(and shall make such study and its conclusions and findings available
to the public)--
``(A) the availability of fidelity bonds, both for large-
scale and small-scale investment advisers, and also for
investment advisers not located in urban areas; and
``(B) the impact of the provisions of paragraph (1) on the
competitive position of small-scale investment advisers.
``(4) The Commission shall not require investment advisers to
obtain a fidelity bond if--
``(A) fidelity bonds are not readily or reasonably
available in the urban or rural areas in which such investment
advisers are located; or
``(B) the cost of obtaining a fidelity bond would have a
substantial adverse impact on such investment advisers'
competitive positions.''.
Passed the Senate November 20 (legislative day, November
2), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Investment Advisers Amendments of 1994 - Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to collect fees to cover specified costs of regulating investment advisers and their activities. Sets forth a sliding scale fee schedule. Authorizes the SEC to suspend the registration of any investment adviser for failure to pay the requisite fees.
Directs the SEC to report to the Congress on certain surveys regarding the failure of persons to register as mandated.
Authorizes the SEC to designate registered self-regulatory organizations to: (1) conduct periodic compliance examinations of members and their affiliates; (2) discipline them for non-compliance; and (3) collect examination fees. Places limitations upon such designation authority with respect to affiliates of members (especially those whose primary business is investment advisory activities), and savings association affiliates of members.
Requires the SEC to: (1) examine the nature of potential conflicts of interest with an adviser's fiduciary obligations when the adviser is compensated for the sale of investment products; and (2) prescribe rules for the disclosure of such conflicts of interest.
Empowers the SEC to: (1) require any investment adviser to file requisite fees or reports with the SEC; and (2) designate an entity to operate a readily accessible electronic facility to process inquiries regarding disciplinary proceedings involving investment advisers and their associates.
Directs the SEC to include in certain annual reports status updates on: (1) proposed revisions of investment adviser registration; (2) consultations with State authorities regarding collection and dissemination of registration information; and (3) implementation of information systems. Requires such updates to include an analysis of how registration revisions will provide investment clients with timely and effective disclosure of investment adviser conflicts of interest and/or previous convictions.
Authorizes the Commission to require registered advisers to be bonded against larceny and embezzlement. Directs the Commission to study: (1) the availability of fidelity bonds for large and small-scale investment advisers and advisers located in non-urban areas; and (2) the impact of this Act's bonding requirements upon the competitive position of small-scale investment advisers.
Directs the Commission to exempt investment advisers from such bonding requirements if: (1) the bonds are not reasonable or readily available in their locality; or (2) the cost of obtaining the bonds would have a substantial adverse impact upon an adviser's competitive position. | {"src": "billsum_train", "title": "Investment Advisers Amendments of 1994"} | 1,602 | 519 | 0.529709 | 1.740685 | 0.643828 | 1.75 | 3.199153 | 0.733051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Flexibility Act
of 2005''.
SEC. 2. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S CORPORATION
CONVERSIONS.
(a) In General.--Part I of subchapter S of chapter 1 of the
Internal Revenue Code of 1986 (relating to tax treatment of S
corporations and their shareholders) is amended by adding at the end
the following new section:
``SEC. 1364. ELECTION FOR SPECIAL TAX TREATMENT OF CERTAIN S
CORPORATION CONVERSIONS.
``(a) In General.--A qualified electing S corporation may elect the
special tax treatment provided in subsection (b) for an eligible
corporate conversion in the manner set forth in subsection (f).
``(b) Special Tax Treatment.--
``(1) Transfers to partnership.--In the case of transfers
by a qualified electing S corporation to a partnership in
connection with an eligible corporate conversion, no gain or
loss shall be recognized by shareholders of such corporation
with respect to money or property received by the partnership.
``(2) Other transfers.--All other distributions of money or
property by the qualified electing S corporation shall be
treated as a distribution in part or full payment in exchange
for the stock of such corporation.
``(c) Qualified Electing S Corporation.--For purposes of this
section, the term `qualified electing S corporation' means a domestic
corporation which--
``(1) has had a valid S election continuously in effect for
the 10 taxable years of the corporation ending before the
taxable year in which the election under this section is made,
and
``(2) has never made an election under this section.
``(d) Eligible Corporate Conversion.--For purposes of this
section--
``(1) In general.--The term `eligible corporate conversion'
means (however affected)--
``(A) a transfer by a qualified electing S
corporation of substantially all of its assets to a
partnership (as defined in section 7701(a)(2)) for not
less than 80 percent of the capital and profits of the
partnership in any taxable year of the corporation
ending on or before December 31, 2009,
``(B) the meeting of the requirement described in
paragraph (2) by the partnership, and
``(C) the subsequent liquidation and dissolution of
the qualified S corporation within the same taxable
year as the transfer.
``(2) Continuity of business requirement.--
``(A) In general.--The requirement described in
this paragraph is met if the partnership described in
paragraph (1)(A) either--
``(i) maintains the continuity of the
qualified electing S corporation's business for
5 consecutive taxable years following the year
in which the corporate conversion occurs, or
``(ii) pays a corporate conversion
recapture tax in the taxable year in which the
failure to maintain such continuity first
occurs.
``(B) Continuity of the qualified electing s
corporation's business.--For purposes of subparagraph
(A)(i), the term `continuity of the qualified electing
S corporation's business' means, under all the facts
and circumstances, either--
``(i) the continuation of 1 or more of the
S corporation's historic lines of business, or
``(ii) the use of a significant portion of
the S corporation's historic business assets,
whether or not such assets have a taxable
basis, in the conduct of an active trade or
business.
``(C) Corporate conversion recapture tax.--For
purposes of subparagraph (A)(ii), the term `corporate
conversion recapture tax' means--
``(i) a recomputation of the tax under this
subtitle of the partnership and the partners as
if--
``(I) a recomputation of the tax
under this subtitle of the partnership
and the partners as if
``(II) the stock of such S
corporation was owned in the same
manner as the capital of the
partnership, and
``(III) the S corporation were
dissolved and its assets distributed to
its shareholders in complete
liquidation on the last day of the
taxable year, multiplied by
``(ii) a fraction--
``(I) the numerator of which is the
excess (if any) of 5 over the number of
complete taxable years in which the
partnership maintains continuity of the
qualified electing S corporation's
business, and
``(II) the denominator of which is
5.
``(e) Basis Rules.--In the case of an eligible corporate
conversion, property in the hands of the partnership shall have the
same basis as in the hands of the qualified electing S corporation
immediately prior to the eligible corporate conversion.
``(f) Method of Making Election.--In order to elect the special tax
treatment provided in subsection (b) for an eligible corporate
conversion, the qualified electing S corporation shall file a written
election claiming such treatment with the timely-filed information
return of the S corporation for the taxable year in which the eligible
corporate conversion occurs.''.
(b) Clerical Amendment.--The table of sections for such part I is
amended by adding at the end the following new item:
``Sec 1363. Election for special tax treatment of certain s corporation
conversions.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Small Business Tax Flexibility Act of 2005 - Amends the Internal Revenue Code to allow certain S corporations a one-time election to transfer money or property to a partnership without recognition of gain or loss by the shareholders of such corporation. Treats all distributions of the money or property of an electing S corporation as a distribution in part or full payment in exchange for the stock of such corporation.
Requires transferee partnerships to maintain the continuity of the S corporation's business for five years after the conversion to partnership form or pay a recapture tax in the year in which failure to maintain such continuity first occurs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an election for a special tax treatment of certain S corporation conversions."} | 1,245 | 133 | 0.582512 | 1.517704 | 0.632587 | 3.426087 | 9.765217 | 0.886957 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2004, to provide
emergency supplemental appropriations for additional disaster
assistance relating to hurricane damage, and for other purposes,
namely:
CHAPTER 1
SMALL BUSINESS ADMINISTRATION
disaster loans program account
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans, $248,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for an additional amount for ``Disaster Loans Program
Account'' for administrative expenses to carry out the disaster loan
program, $209,000,000, to remain available until expended, which may be
transferred to the appropriations for ``Salaries and Expenses'':
Provided, That no funds shall be transferred to the appropriations for
``Salaries and Expenses'' for indirect administrative expenses: Provide
further, That the amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.
CHAPTER 2
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $72,500,000, to remain available until September 30, 2005 for
emergency expenses resulting from natural or other disasters, for the
costs of repairs to structures and equipment, evacuation, base
preparation, base recovery, and delayed satellite launches: Provided,
That the amounts provided herein are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287: Provided further, That the Secretary of Defense
may transfer these funds to appropriations for military personnel;
operation and maintenance; procurement; and family housing: Provided
further, That funds transferred shall be merged with and made available
for the same purposes and for the same time period as the appropriation
to which transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense.
CHAPTER 3
CORPS OF ENGINEERS--CIVIL WORKS
operation and maintenance, general
For an additional amount for ``Operation and Maintenance'', to
dredge navigation channels and repair other Corps projects in southern
and eastern States affected by natural disasters, $30,000,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Flood Control Act of
August 16, 1941, as amended (33 U.S.C. 701n) for emergency response to
and recovery from coastal storm damages and flooding in southern and
eastern states caused by natural disasters, $88,000,000, to remain
available until expended: Provided, That the amounts provided herein
are designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
operating expenses
For an additional amount for ``Operating Expenses'' for expenses
resulting from the recent natural disasters in the southeastern United
States, $8,000,000, to remain available until expended: Provided, That
the amounts provided herein are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
EMERGENCY PREPAREDNESS AND RESPONSE
disaster relief
For an additional amount for ``Disaster Relief'', $2,000,000,000,
to remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
construction
For an additional amount for ``Construction'', $13,900,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
NATIONAL PARK SERVICE
construction
For an additional amount for ``Construction'', $7,400,000, to
remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Departmental Management
public health and social services emergency fund
For an additional amount for ``Public Health and Social Services
Emergency Fund'' to support aging services, social services and health
services associated with natural disaster recovery and response
efforts, $50,000,000, to remain available until expended: Provided,
That the amounts provided herein are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
CHAPTER 7
EXECUTIVE OFFICE OF THE PRESIDENT
unanticipated needs
For an additional amount for ``Unanticipated Needs'', not to exceed
$70,000,000, to remain available until September 30, 2005, for the
American Red Cross for reimbursement of disaster relief and recovery
expenditures and emergency services associated with Hurricanes Charley,
Frances, and Ivan, and only to the extent funds are not made available
for those activities by other Federal sources: Provided, That these
funds may be administered by any authorized Federal Government agency
to meet the purposes of this provision and that total administrative
costs shall not exceed three percent of the total appropriation:
Provided further, That the Comptroller General shall audit the use of
these funds by the American Red Cross: Provided further, That the
amounts provided herein are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
CHAPTER 8
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'' for expenses
related to the recent natural disasters in the Southeast, $5,800,000,
to remain available until September 30, 2005: Provided, That the
amounts provided herein are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
medical administration
For an additional amount for ``Medical Administration'' for
expenses related to the recent natural disasters in the Southeast,
$1,500,000, to remain available until September 30, 2005: Provided,
That the amounts provided herein are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
medical facilities
For an additional amount for ``Medical Facilities'' for expenses
related to the recent natural disasters in the Southeast, $16,800,000,
to remain available until expended: Provided, That the amounts provided
herein are designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
For an additional amount for ``Community Development Fund'', as
authorized under title I of the Housing and Community Development Act
of 1974 (Act), for emergency expenses resulting from natural disasters
in Florida, except those activities reimbursable by the Federal
Emergency Management Agency or available through the Small Business
Administration, and for reimbursement for expenditures incurred from
the regular Community Development Block Grant formula allocation used
to achieve these same purposes, $150,000,000, to remain available until
September 30, 2007: Provided, That the amounts provided herein are
designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287: Provided further, That
such funds may be awarded to the State of Florida for affected areas:
Provided further, That notwithstanding 42 U.S.C. 5306(d)(2), the State
of Florida is authorized to provide such assistance to entitlement
communities: Provided further, That in administering these funds for
economic revitalization activities in Florida, the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
is required to facilitate the use of such funds, and would not be
inconsistent with the overall purpose of the statute or regulation:
Provided further, That for activities funded by amounts provided
herein, the Secretary may waive, on a case-by-case basis and upon such
other terms as the Secretary may specify, in whole or in part, the
requirements that activities principally benefit persons of low- and
moderate-income pursuant to 42 U.S.C. 5301(c) and 5304(b)(3): Provided
further, That the Secretary shall publish in the Federal Register any
waiver of any statute or regulation authorized under this heading no
later than 5 days before the effective date of such waiver.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
space flight capabilities
For an additional amount for ``Space Flight Capabilities'', to
repair facilities damaged and take other emergency measures due to the
effects of hurricanes, $126,000,000, to remain available until
expended: Provided, That the amounts provided herein are designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Hurricane Disaster Assistance Act, 2004''. | Emergency Supplemental Appropriations for Hurricane Disaster Assistance Act, 2004 - Makes FY 2004 emergency supplemental appropriations for additional hurricane disaster assistance to: (1) the Small Business Administration for the Disaster Loans Program Account; (2) the Department of Defense for "Operation and Maintenance, Defense-Wide;" (3) the Corps of Engineers - Civil Works for "Operation and Maintenance" and "Flood Control and Coastal Emergencies;" (4) the Department of Homeland Security for the U.S. Coast Guard for operating expenses and Emergency Preparedness and Response for "Disaster Relief;" (5) the Department of the Interior for Fish and Wildlife Service and the National Park Service for construction; (6) the Department of Health and Human Services for the Public Health and Social Services Emergency Fund; (7) the Executive Office of the President for unanticipated needs; (8) the Department of Veterans Affairs for the Veterans Health Administration for medical services, administration, and facilities; (9) the Department of Housing and Urban Development for the Community Development Fund; and (10) the National Aeronautics and Space Administration for space flight capabilities. | {"src": "billsum_train", "title": "Making emergency supplemental appropriations for the fiscal year ending September 30, 2004, for additional disaster assistance relating to hurricane damage, and for other purposes."} | 2,734 | 238 | 0.520908 | 1.496166 | 0.677952 | 2.757009 | 11.453271 | 0.934579 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Charity
Enhancement Act of 2008''.
(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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Funds advised by certain public charities and governmental
entities not treated as donor advised
funds.
Sec. 3. Certain scholarship distributions from donor advised funds not
treated as taxable distributions.
Sec. 4. Repeal of special written acknowledgment requirement for
charitable contributions to donor advised
funds.
Sec. 5. Reasonable compensation paid by supporting organizations to
substantial contributors not treated as an
excess benefit.
Sec. 6. Exception from holdings and payout requirements for
longstanding, fully funded type III
supporting organizations.
Sec. 7. Contributions by Indian tribal governments treated same as
contributions by States.
Sec. 8. Electronic filing of exempt organization annual returns.
Sec. 9. Expansion of bad check penalty to electronic payments, etc.
SEC. 2. FUNDS ADVISED BY CERTAIN PUBLIC CHARITIES AND GOVERNMENTAL
ENTITIES NOT TREATED AS DONOR ADVISED FUNDS.
(a) In General.--Subparagraph (B) of section 4966(d)(2) is amended
by striking ``or'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``, or'', and by adding at the end
the following new clause:
``(iii) if all contributions to such fund
or account have been made, and all advisory
privileges referred to in subparagraph (A)(iii)
with respect to such fund or account have been
exercised, by either--
``(I) one or more organizations
described in clause (i), (ii), (iii),
(iv), or (vi) of section 170(b)(1)(A)
or section 509(a)(2), or
``(II) one or more entities
described in section 170(c)(1).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. CERTAIN SCHOLARSHIP DISTRIBUTIONS FROM DONOR ADVISED FUNDS NOT
TREATED AS TAXABLE DISTRIBUTIONS.
(a) In General.--Subsection (c) of section 4966 is amended by
adding at the end the following new paragraph:
``(3) Exception for certain scholarship distributions.--
``(A) In general.--The term `taxable distribution'
shall not include any qualified scholarship
distribution from a qualified scholarship fund.
``(B) Qualified scholarship distribution.--The term
`qualified scholarship distribution' means any grant to
a natural person for travel, study, or other similar
purposes made from a donor advised fund if all such
grants meet the requirements of subsection
(d)(2)(B)(ii)(III).
``(C) Qualified scholarship fund.--The term
`qualified scholarship fund' means any donor advised
fund if--
``(i) the advisory privileges referred to
in subsection (d)(2)(A)(iii) with respect to
such fund are exercised solely by an
organization described in paragraph (4) of
section 501(c) and exempt from tax under
section 501(a), and
``(ii) substantially all of the
distributions from such fund are qualified
scholarship distributions.''.
(b) Application of Tax on Prohibited Benefits to Qualified
Scholarship Distributions.--Subsection (c) of section 4967 is amended
by adding at the end the following new paragraph:
``(3) Qualified scholarship funds.--Each substantial
contributor (as defined in section 4958(c)(3)(C)) to a
qualified scholarship fund and each family member (within the
meaning of section 4958(f)(4)) of such person shall be treated
as a person described in subsection (d) with respect to such
fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 4. REPEAL OF SPECIAL WRITTEN ACKNOWLEDGMENT REQUIREMENT FOR
CHARITABLE CONTRIBUTIONS TO DONOR ADVISED FUNDS.
(a) In General.--Paragraph (18) of section 170(f) is amended--
(1) by striking subparagraph (B),
(2) by striking ``if--'' and all that follows through ``the
sponsoring organization (as defined in section 4966(d)(1))''
and inserting ``if the sponsoring organization (as defined in
section 4966(d)(1)))'', and
(3) by redesignating clauses (i) and (ii) of subparagraph
(A) (as in effect before amendment by paragraph (2)) as
subparagraphs (A) and (B) and by moving such subparagraphs 2
ems to the left.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 5. REASONABLE COMPENSATION PAID BY SUPPORTING ORGANIZATIONS TO
SUBSTANTIAL CONTRIBUTORS NOT TREATED AS AN EXCESS
BENEFIT.
(a) In General.--Clause (ii) of section 4958(c)(3)(A) is amended to
read as follows:
``(ii) the term `excess benefit' includes,
with respect to any transaction described in
clause (i)--
``(I) in the case of any grant,
loan, or similar payment, the amount of
such grant, loan, or similar payment,
and
``(II) in the case of any
compensation or similar payment, the
amount by which the value of the
economic benefit provided exceeds the
value of the consideration (including
the performance of services) received
for providing such benefit.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid pursuant to transactions entered into after the date of
the enactment of this Act.
SEC. 6. EXCEPTION FROM HOLDINGS AND PAYOUT REQUIREMENTS FOR
LONGSTANDING, FULLY FUNDED TYPE III SUPPORTING
ORGANIZATIONS.
(a) Holdings Requirements.--Subsection (f) of section 4943 is
amended by adding at the end the following new paragraph:
``(8) Exception for certain longstanding fully funded type
iii supporting organizations.--Paragraph (1) shall not apply to
any organization if--
``(A) the organization was established before
January 1, 1970,
``(B) the organization has not accepted any
substantial contributions after December 31, 1970,
``(C) no donor to the organization was alive on
August 17, 2006, and
``(D) no family member (within the meaning of
section 4958(f)(4)) of any donor is an organization
manager (as defined in section 4958(f)(2)).''.
(b) Payout Requirements.--Section 1241(d)(1) of the Pension
Protection Act of 2006 shall not apply to any organization described in
section 4943(f)(8) of the Internal Revenue Code of 1986, as added by
this section.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 7. CONTRIBUTIONS BY INDIAN TRIBAL GOVERNMENTS TREATED SAME AS
CONTRIBUTIONS BY STATES.
(a) In General.--Section 7871(a) (relating to Indian tribal
governments treated as States for certain purposes) is amended by
striking ``and'' at the end of paragraph (6), by striking the period at
the end of paragraph (7) and inserting ``; and'', and by adding at the
end the following new paragraph:
``(8) for purposes of--
``(A) determining support of an organization
described in section 170(b)(1)(A)(vi), and
``(B) determining whether an organization is
described in paragraph (1) or (2) of section 509(a) for
purposes of section 509(a)(3).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) support received on or after the date of the enactment
of this Act, and
(2) the determination of the status of any organization
with respect to any taxable year beginning after such date of
enactment.
SEC. 8. ELECTRONIC FILING OF EXEMPT ORGANIZATION ANNUAL RETURNS.
(a) In General.--Subsection (d) of section 6104 (relating to public
inspection of certain annual returns, reports, applications for
exemption, and notices of status) is amended--
(1) by redesignating the paragraph relating to disclosure
of reports by Internal Revenue Service as paragraph (7),
(2) by redesignating the paragraph relating to application
to nonexempt charitable trusts and nonexempt private
foundations as paragraph (8), and
(3) by adding at the end the following new paragraph:
``(9) Returns required on magnetic media, etc.--Any
organization (other than an organization exempt from tax under
section 527(a)) which--
``(A) is required to make available information for
inspection under paragraph (1)(A), and
``(B) would be required to file returns on magnetic
media or in other machine-readable form under
subsection (e) of section 6011 if such subsection were
applied by substituting `at least 5 returns' for `at
least 250 returns' in paragraph (2)(A) thereof,
shall file the information referred to in clauses (i) and (ii)
of paragraph (1)(A) on such magnetic media or in other machine-
readable form.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to returns required to be filed for taxable years beginning after
the date of the enactment of this Act.
SEC. 9. EXPANSION OF BAD CHECK PENALTY TO ELECTRONIC PAYMENTS, ETC.
(a) In General.--Section 6657 (relating to bad checks) is amended
by adding at the end the following: ``Except as otherwise provided by
the Secretary, any authorization of a payment by commercially
acceptable means (within the meaning of section 6311) shall be treated
for purposes of this section in the same manner as a check.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to authorizations of payments made after December 31, 2005.
Passed the House of Representatives September 27, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Charity Enhancement Act of 2008 - Amends the Internal Revenue Code to modify rules and definitions relating to the excise tax on distributions from donor advised funds (charitable funds in which a donor has, or reasonably expects to have, advisory privileges with respect to the distribution or investment of amounts held in such funds by reason of his or her status as a donor).
Excludes from the definition of "donor advised fund" charitable funds that receive contributions or are advised solely by one or more public charities or governmental entities.
Exempts certain scholarship distributions from the tax on distributions from donor advised funds.
Repeals the requirement of a written acknowledgment by a supporting organization (a charitable organization that maintains one or more donor advised funds) that it has exclusive legal control over assets contributed to it.
Exempts certain compensation and benefits paid to substantial contributors by supporting organizations from treatment as excess benefits.
Exempts certain supporting organizations established before January 1, 1970, from applicable holdings and payout requirements.
Treats contributions to tax-exempt organizations by Indian tribal governments in the same manner as contributions by states for purposes of determining the classification of an organization as a public charity or private foundation.
Requires certain tax-exempt organizations that file at least five tax returns annually with the Internal Revenue Service (IRS) to use electronic filing.
Extends the bad check penalty to payments of tax by commercially acceptable means (e.g., electronic payments). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to enhance charitable giving and improve disclosure and tax administration."} | 2,569 | 317 | 0.580267 | 1.731962 | 0.822617 | 1.872727 | 7.789091 | 0.847273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Annual Assay Commission Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is in the national interest for the citizens of the
Nation, and those who purchase products of the United States
Mint, to know that gold, silver, and platinum coinage produced
by the several United States mints are of the proper size,
weight, and purity provided for by law.
(2) From 1792 until 1977, an annual assay commission, as
first required by the Act entitled ``An Act establishing a
Mint, and regulating the Coins of the United States'' and
approved April 2, 1792, performed such functions, until such
time as there were no precious metal coins regularly being
produced by the United States mints.
(3) Since 1977, the United States Mint has begun regular
production of bullion coinage comprised of .999 fine silver,
.9995 fine platinum, and gold of either .900 or .999 fine.
(4) Since 1982, the United States Mint has produced
millions of gold and silver commemorative coins that have sold
to collectors and others on the primary market for more than
$1,000,000,000.
(5) It is desirable to involve numismatists, and others, in
the process of marketing and merchandising of coins, of which
an annual assay is an important component part.
(6) There is a marketing need for an annual ceremony to
attest that the coins produced by the several United States
mints are manufactured in conformity with their statutory
requirements, to publicize the same, and to involve the general
and numismatic public in the annual assay and its report.
SEC. 3. ANNUAL ASSAY REQUIRED.
(a) In General.--To secure conformity in the composition and weight
of the minor coinage of the United States, subsidiary denominations,
dollar coins, and coins struck in silver, gold, platinum and other
precious metals, an annual assay shall be held in the manner provided
in subsection (b)(4) to test and examine, in the presence of the
Director of the Mint, the fineness and weight of the coins reserved by
the several mints for this purpose.
(b) Assay Commission.--
(1) Membership and appointment.--
(A) In general.--The annual assay required under
subsection (a) shall be conducted by an assay
commission consisting of such number of members as the
President may determine to be appropriate, not to
exceed 25, who shall be appointed by the President.
(B) Representation of numismatists.--At least \1/2\
of the members of the assay commission shall be
appointed from among individuals who are, by reason of
education, training, or experience, amateur or
professional numismatists.
(2) Terms.--Members of the assay commission shall--
(A) be appointed each year by the President to
serve for that year only; and
(B) not be eligible for re-appointment until a
period of not less than 5 years has passed since their
most recent appointment expired.
(3) Service without compensation.--Members of the assay
commission shall serve without pay, except that such members
shall be entitled to receive, in accordance with section 5703
of title 5, United States Code, travel or transportation
expenses, or a per diem allowance in lieu of expenses, while
away from such member's home or place of business in connection
with such member's service on the assay commission.
(4) Meetings of assay commission.--
(A) In general.--The assay commission shall meet on
the second Wednesday in February of each year, to carry
out the duties of the commission under this section.
(B) Location.--The meeting of the assay commission
shall be convened at any United States mint, or at the
United States Mint in Washington, D.C., as determined
by the Director of the Mint.
(C) Continuation following adjournment.--The
meeting of the assay commission may continue following
adjournment if necessary.
(D) Other meetings.--If a majority of the members
of the assay commission fail to attend any meeting
scheduled pursuant to subparagraph (A), the Director of
the Mint shall call a meeting of the commissioners at
such other time as the Director determines to be
convenient.
(5) Expenses of assay commission.--The expenses of the
assay commission which the Secretary determines are reasonable
and appropriate shall be paid by the Secretary from the United
States Mint Public Enterprise Fund under section 5136 of title
31, United States Code.
(c) Selection and Transfer of Coins.--
(1) In general.--In accordance with regulations prescribed
by the Secretary of the Treasury, each superintendent of a
United States mint shall select and transfer, without
examination and discrimination, specimens of coins in the
manner described in paragraphs (2) and (3) for assay at trial
to the Office of the Director of the Mint in Washington, D.C.
(2) Certain circulating coins.--For each issue of
circulating coins, other than 1-cent and 5-cent coins, by any
United States mint, specimen coins for special assay and
testing shall be taken at random as follows:
(A) In the case of dollar coins, half dollar coins,
and quarter dollar coins, not less than 2 coins for
each 200,000 pieces or fraction thereof issued.
(B) In the case of dime coins, not less than 2
coins for each 400,000 pieces or fraction thereof
issued.
(3) Other coins.--For each issue of coins not described in
subparagraph (A) by any United States mint, including bullion
coins and special numismatic coins, specimen coins for the
examination and testing shall be taken at random in such
quantities as the Secretary of the Treasury shall direct, but
not less than 10 coins of each quality of coin struck at each
facility of the United States Mint producing such coins.
(4) Manner of selection and transfer.--The selection of
specimen coins under this subsection shall be made by a
superintendent of a United States mint under this section, or
by a representative designated by such superintendent, in the
presence of the assayer or person who performs such assay
function, or by a representative designated by the assayer or
other person, without testing and the coins so selected
selection shall be protected from attrition and enclosed in
envelopes which shall be sealed and labeled to show the place
of coinage, the date, number, and amount of delivery, and the
number and denomination of the pieces enclosed.
(d) Procedure Following Examination and Testing.--
(1) Standardized fineness and weight.--If it appears to the
assay commission, after examination and testing, that the coins
presented to the assay commission coins do not differ from the
standard fineness and weight by a greater quantity than is
permitted by such regulations as the Secretary of the Treasury
may from time to time prescribe, the trial by the assay
commission shall be considered and reported as satisfactory.
(2) Deviation.--If, after the examination and testing
referred to in paragraph (1), it appears to the assay
commission that any coin differs from the standard fineness and
weight by a greater quantity than is permitted by the
regulations referred to in such paragraph, this fact shall be
certified to the Director of the Mint and the Secretary of the
Treasury, and the Secretary shall take such action as is
appropriate to rectify the cause.
(e) Laboratory Tests of Additional Specimen Coins.--In addition to
the specimen coins selected under other provisions of this subsection,
specimen coins, as either proof or uncirculated pieces, may be
forwarded promptly to the Director of the Mint for laboratory testing
as to their conformity in composition and weight with the requirements
of law.
(f) Annual Report.--
(1) Report required.--The Director of the Mint shall
prepare and publish an annual report containing the report of
the assay commission for such year and the results of
laboratory tests conducted pursuant to subsection (e).
(2) Submission to the congress.--Each report prepared
pursuant to paragraph (1) shall be submitted to the Congress.
SEC. 4. PRODUCTION OF ASSAY COMMISSION MEDALS.
The Director of the Mint may continue the practice of producing
assay commission medals for the members of the assay commission, if
bronze copies of such medals are made available for sale to the general
public. | Authorizes the Director to continue the practice of producing assay commission medals for assay commission members if bronze copies of such medals are made available for sale to the general public. | {"src": "billsum_train", "title": "Annual Assay Commission Act"} | 1,837 | 40 | 0.482182 | 1.309869 | 0.261723 | 7.03125 | 52.90625 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Libyan Claims Resolution Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on the Judiciary
of the Senate and the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of Representatives;
(2) the term ``claims agreement'' means an international
agreement between the United States and Libya, binding under
international law, that provides for the settlement of terrorism-
related claims of nationals of the United States against Libya
through fair compensation;
(3) the term ``national of the United States'' has the meaning
given that term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
(4) the term ``Secretary'' means the Secretary of State; and
(5) the term ``state sponsor of terrorism'' means a country the
government of which the Secretary has determined, for purposes of
section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22
U.S.C. 2780), or any other provision of law, is a government that
has repeatedly provided support for acts of international
terrorism.
SEC. 3. SENSE OF CONGRESS.
Congress supports the President in his efforts to provide fair
compensation to all nationals of the United States who have terrorism-
related claims against Libya through a comprehensive settlement of
claims by such nationals against Libya pursuant to an international
agreement between the United States and Libya as a part of the process
of restoring normal relations between Libya and the United States.
SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS AGREEMENT.
(a) Designation of Entity.--
(1) Designation.--The Secretary, by publication in the Federal
Register, may, after consultation with the appropriate
congressional committees, designate 1 or more entities to assist in
providing compensation to nationals of the United States, pursuant
to a claims agreement.
(2) Authority of the secretary.--The designation of an entity
under paragraph (1) is within the sole discretion of the Secretary,
and may not be delegated. The designation shall not be subject to
judicial review.
(b) Immunity.--
(1) Property.--
(A) In general.--Notwithstanding any other provision of
law, if the Secretary designates any entity under subsection
(a)(1), any property described in subparagraph (B) of this
paragraph shall be immune from attachment or any other judicial
process. Such immunity shall be in addition to any other
applicable immunity.
(B) Property described.--The property described in this
subparagraph is any property that--
(i) relates to the claims agreement; and
(ii) for the purpose of implementing the claims
agreement, is--
(I) held by an entity designated by the Secretary
under subsection (a)(1);
(II) transferred to the entity; or
(III) transferred from the entity.
(2) Other acts.--An entity designated by the Secretary under
subsection (a)(1), and any person acting through or on behalf of
such entity, shall not be liable in any Federal or State court for
any action taken to implement a claims agreement.
(c) Nonapplicability of the Government Corporation Control Act.--An
entity designated by the Secretary under subsection (a)(1) shall not be
subject to chapter 91 of title 31, United States Code (commonly known
as the ``Government Corporation Control Act'').
SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF LIBYA.
(a) Immunity.--
(1) In general.--Notwithstanding any other provision of law,
upon submission of a certification described in paragraph (2)--
(A) Libya, an agency or instrumentality of Libya, and the
property of Libya or an agency or instrumentality of Libya,
shall not be subject to the exceptions to immunity from
jurisdiction, liens, attachment, and execution contained in
section 1605A, 1605(a)(7), or 1610 (insofar as section 1610
relates to a judgment under such section 1605A or 1605(a)(7))
of title 28, United States Code;
(B) section 1605A(c) of title 28, United States Code,
section 1083(c) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 342; 28 U.S.C.
1605A note), section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (28
U.S.C. 1605 note), and any other private right of action
relating to acts by a state sponsor of terrorism arising under
Federal, State, or foreign law shall not apply with respect to
claims against Libya, or any of its agencies,
instrumentalities, officials, employees, or agents in any
action in a Federal or State court; and
(C) any attachment, decree, lien, execution, garnishment,
or other judicial process brought against property of Libya, or
property of any agency, instrumentality, official, employee, or
agent of Libya, in connection with an action that would be
precluded by subparagraph (A) or (B) shall be void.
(2) Certification.--A certification described in this paragraph
is a certification--
(A) by the Secretary to the appropriate congressional
committees; and
(B) stating that the United States Government has received
funds pursuant to the claims agreement that are sufficient to
ensure--
(i) payment of the settlements referred to in section
654(b) of division J of the Consolidated Appropriations
Act, 2008 (Public Law 110-161; 121 Stat. 2342); and
(ii) fair compensation of claims of nationals of the
United States for wrongful death or physical injury in
cases pending on the date of enactment of this Act against
Libya arising under section 1605A of title 28, United
States Code (including any action brought under section
1605(a)(7) of title 28, United States Code, or section 589
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (28 U.S.C. 1605 note),
that has been given effect as if the action had originally
been filed under 1605A(c) of title 28, United States Code,
pursuant to section 1083(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 342; 28 U.S.C. 1605A note)).
(b) Temporal Scope.--Subsection (a) shall apply only with respect
to any conduct or event occurring before June 30, 2006, regardless of
whether, or the extent to which, application of that subsection affects
any action filed before, on, or after that date.
(c) Authority of the Secretary.--The certification by the Secretary
referred to in subsection (a)(2) may not be delegated, and shall not be
subject to judicial review.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Libyan Claims Resolution Act - States that Congress supports the President's efforts to provide fair compensation to all U.S. nationals who have terrorism-related claims against Libya as part of the process of restoring normal U.S.-Libya relations.
Defines "claims agreement" as a binding international agreement between the United States and Libya that provides for the settlement of terrorism-related claims of U.S. nationals against Libya through fair compensation
Authorizes the Secretary of State, after consultation with the appropriate congressional committees, to designate one or more entities to assist in providing compensation to U.S. nationals pursuant to a claims agreement.
States that: (1) upon such designation property that relates to the claims agreement and that is held by or transferred to or from a designated entity shall be immune from attachment or any other judicial process; (2) such entity and any person acting through or on its behalf shall not be liable in any federal or state court for any action taken to implement a claims agreement; and (3) such entity shall not be subject to the Government Corporation Control Act.
Exempts Libya (and related instrumentalities and individuals) from specified property liens and attachments, limitations on foreign jurisdictional immunity, and private rights of action if the Secretary certifies to the appropriate congressional committees that the U.S. government has received sufficient funds pursuant to the claims agreement to ensure: (1) payment of specified settlements to the Pan Am 103 victims families, the LaBelle Disco bombing victims, and other relevant terrorism cases; and (2) fair compensation of specified claims by U.S. nationals against Libya for wrongful death or physical injury in cases pending on the date of enactment of this Act. (Applies such provisions only to conduct or events occurring before June 30, 2006.)
States that the designation and certification authorities under this Act: (1) are within the Secretary's sole discretion and may not be delegated; and (2) are not subject to judicial review. | {"src": "billsum_train", "title": "A bill to resolve pending claims against Libya by United States nationals, and for other purposes."} | 1,639 | 426 | 0.708103 | 2.422773 | 0.817003 | 3.47027 | 3.902703 | 0.875676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreclosure Rescue Fraud Act of
2008''.
SEC. 2. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Foreclosure consultant.--The term ``foreclosure
consultant''--
(A) means a person who directly or indirectly makes
any solicitation, representation, or offer to a
homeowner facing foreclosure on residential real
property to perform, with or without compensation, or
who performs, with or without compensation, any service
that such person represents will prevent, postpone, or
reverse the effect of such foreclosure; and
(B) does not include--
(i) an attorney licensed to practice law in
the State in which the property is located who
has established an attorney-client relationship
with the homeowner;
(ii) a person licensed as a real estate
broker or salesperson in the State where the
property is located, and such person engages in
acts permitted under the licensure laws of such
State;
(iii) a housing counseling agency approved
by the Secretary;
(iv) a depository institution (as defined
in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813));
(v) a Federal credit union or a State
credit union (as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752)); or
(vi) an insurance company organized under
the laws of any State.
(3) Homeowner.--The term ``homeowner'', with respect to
residential real property for which an action to foreclose on
the mortgage or deed of trust on such real property is filed,
means the person holding record title to such property as of
the date on which such action is filed.
(4) Loan servicer.--The term ``loan servicer'' has the same
meaning as the term ``servicer'' in section 6(i)(2) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C.
2605(i)(2)).
(5) Residential mortgage loan.--The term ``residential
mortgage loan'' means any loan primarily for personal, family,
or household use that is secured by a mortgage, deed of trust,
or other equivalent consensual security interest on a dwelling
(as defined in section 103(v) of the Truth in Lending Act (15
U.S.C. 1602)(v)) or residential real estate upon which is
constructed or intended to be constructed a dwelling (as so
defined).
(6) Residential real property.--The term ``residential real
property'' has the meaning given the term ``dwelling'' in
section 103 of the Consumer Credit Protection Act (15 U.S.C.
1602).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. MORTGAGE RESCUE FRAUD PROTECTION.
(a) Limits on Foreclosure Consultants.--A foreclosure consultant
may not--
(1) claim, demand, charge, collect, or receive any
compensation from a homeowner for services performed by such
foreclosure consultant with respect to residential real
property until such foreclosure consultant has fully performed
each service that such foreclosure consultant contracted to
perform or represented would be performed with respect to such
residential real property;
(2) hold any power of attorney from any homeowner, except
to inspect documents, as provided by applicable law;
(3) receive any consideration from a third party in
connection with services rendered to a homeowner by such third
party with respect to the foreclosure of residential real
property, unless such consideration is fully disclosed to such
homeowner in writing before such services are rendered;
(4) accept any wage assignment, any lien of any type on
real or personal property, or other security to secure the
payment of compensation with respect to services provided by
such foreclosure consultant in connection with the foreclosure
of residential real property; or
(5) acquire any interest, directly or indirectly, in the
residence of a homeowner with whom the foreclosure consultant
has contracted.
(b) Contract Requirements.--
(1) Written contract required.--Notwithstanding any other
provision of law, a foreclosure consultant may not provide to a
homeowner a service related to the foreclosure of residential
real property--
(A) unless--
(i) a written contract for the purchase of
such service has been signed and dated by the
homeowner; and
(ii) such contract complies with the
requirements described in paragraph (2); and
(B) before the end of the 3-business-day period
beginning on the date on which the contract is signed.
(2) Terms and conditions of contract.--The requirements
described in this paragraph, with respect to a contract, are as
follows:
(A) The contract includes, in writing--
(i) a full and detailed description of the
exact nature of the contract and the total
amount and terms of compensation;
(ii) the name, physical address, phone
number, email address, and facsimile number, if
any, of the foreclosure consultant to whom a
notice of cancellation can be mailed or sent
under subsection (d); and
(iii) a conspicuous statement in at least
12 point bold face type in immediate proximity
to the space reserved for the homeowner's
signature on the contract that reads as
follows: ``You may cancel this contract without
penalty or obligation at any time before
midnight of the 3rd business day after the date
on which you sign the contract. See the
attached notice of cancellation form for an
explanation of this right.''.
(B) The contract is written in the principal
language used by the homeowner.
(C) The contract is accompanied by the form
required by subsection (c)(2).
(c) Right To Cancel Contract.--
(1) In general.--With respect to a contract between a
homeowner and a foreclosure consultant regarding the
foreclosure on the residential real property of such homeowner,
such homeowner may cancel such contract without penalty or
obligation by mailing a notice of cancellation not later than
midnight of the 3rd business day after the date on which such
contract is executed or would become enforceable against the
parties to such contract.
(2) Cancellation form and other information.--Each contract
described in paragraph (1) shall be accompanied by a form, in
duplicate, that--
(A) has the heading ``Notice of Cancellation'' in
boldface type; and
(B) contains in boldface type the following
statement:
``You may cancel this contract, without any penalty or
obligation, at any time before midnight of the 3rd day after
the date on which the contract is signed by you.
``To cancel this contract, mail or deliver a signed and
dated copy of this cancellation notice or any other equivalent
written notice to [insert name of foreclosure consultant] at
[insert address of foreclosure consultant] before midnight on
[insert date].
``I hereby cancel this transaction on [insert date] [insert
homeowner signature].''.
(d) Waiver of Rights and Protections Prohibited.--
(1) In general.--A waiver by a homeowner of any protection
provided by this section or any right of a homeowner under this
section--
(A) shall be treated as void; and
(B) may not be enforced by any Federal or State
court or by any person.
(2) Attempt to obtain a waiver.--Any attempt by any person
to obtain a waiver from any homeowner of any protection
provided by this section or any right of the homeowner under
this section shall be treated as a violation of this section.
(3) Contracts not in compliance.--Any contract that does
not comply with the applicable provisions of this title shall
be void and may not be enforceable by any party.
SEC. 4. WARNINGS TO HOMEOWNERS OF FORECLOSURE RESCUE SCAMS.
(a) In General.--If a loan servicer finds that a homeowner has
failed to make 2 consecutive payments on a residential mortgage loan
and such loan is at risk of being foreclosed upon, the loan servicer
shall notify such homeowner of the dangers of fraudulent activities
associated with foreclosure.
(b) Notice Requirements.--Each notice provided under subsection (a)
shall--
(1) be in writing;
(2) be included with a mailing of account information;
(3) have the heading ``Notice Required by Federal Law'' in
a 14-point boldface type in English and Spanish at the top of
such notice; and
(4) contain the following statement in English and Spanish:
``Mortgage foreclosure is a complex process. Some people may
approach you about saving your home. You should be careful
about any such promises. There are government and nonprofit
agencies you may contact for helpful information about the
foreclosure process. Contact your lender immediately at [____],
call the Department of Housing and Urban Development Housing
Counseling Line at (800) 569-4287 to find a housing counseling
agency certified by the Department to assist you in avoiding
foreclosure, or visit the Department's Tips for Avoiding
Foreclosure website at http://www.hud.gov/foreclosure for
additional assistance.'' (the blank space to be filled in by
the loan servicer).
SEC. 5. CIVIL LIABILITY.
(a) Liability Established.--Any foreclosure consultant who fails to
comply with any provision of section 3 or 4 with respect to any other
person shall be liable to such person in an amount equal to the sum of
the amounts determined under each of the following paragraphs:
(1) Actual damages.--The greater of--
(A) the amount of any actual damage sustained by
such person as a result of such failure; or
(B) any amount paid by the person to the
foreclosure consultant.
(2) Punitive damages.--In the case of any action by an
individual, such amount (in addition to damages described in
paragraph (1)) as the court may allow.
(3) Attorneys' fees.--In the case of any successful action
to enforce any liability under paragraph (1) or (2), the costs
of the action, together with reasonable attorneys' fees.
(b) Factors To Be Considered in Awarding Punitive Damages.--In
determining the amount of any liability of any foreclosure consultant
under subsection (a)(2), the court shall consider, among other relevant
factors--
(1) the frequency and persistence of noncompliance by the
foreclosure consultant;
(2) the nature of the noncompliance; and
(3) the extent to which such noncompliance was intentional.
SEC. 6. ADMINISTRATIVE ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive act or practice.--A violation of a
prohibition described in section 3 or a failure to comply with
any provision of section 3 or 4 shall be treated as a violation
of a rule defining an unfair or deceptive act or practice
described under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Actions by the federal trade commission.--The Federal
Trade Commission shall enforce the provisions of sections 3 and
4 in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made part of this title.
(b) State Action for Violations.--
(1) Authority of states.--In addition to such other
remedies as are provided under State law, whenever the chief
law enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating the provisions of section 3 or 4,
the State--
(A) may bring an action to enjoin such violation;
(B) may bring an action on behalf of its residents
to recover damages for which the person is liable to
such residents under section 5 as a result of the
violation; and
(C) in the case of any successful action under
subparagraph (A) or (B), shall be awarded the costs of
the action and reasonable attorney fees, as determined
by the court.
(2) Rights of federal trade commission.--
(A) Notice to commission.--The State shall serve
prior written notice of any civil action under
paragraph (1) upon the Commission and provide the
Commission with a copy of its complaint, except in any
case in which such prior notice is not feasible, in
which case the State shall serve such notice
immediately upon instituting such action.
(B) Intervention.--The Commission shall have the
right--
(i) to intervene in any action referred to
in subparagraph (A);
(ii) upon so intervening, to be heard on
all matters arising in the action; and
(iii) to file petitions for appeal in such
actions.
(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection shall
prevent the chief law enforcement officer, or an official or
agency designated by a State, from exercising the powers
conferred on the chief law enforcement officer or such official
by the laws of such State to conduct investigations or to
administer oaths or affirmations, or to compel the attendance
of witnesses or the production of documentary and other
evidence.
(4) Limitation.--Whenever the Federal Trade Commission has
instituted a civil action for a violation of section 3 or 4, no
State may, during the pendency of such action, bring an action
under this section against any defendant named in the complaint
of the Commission for any violation of section 3 or 4 that is
alleged in that complaint.
SEC. 7. PREEMPTION.
Nothing in this title affects any provision of State or local law
respecting any foreclosure consultant, residential mortgage loan, or
residential real property that provides equal or greater protection to
homeowners than what is provided under this title. | Foreclosure Rescue Fraud Act of 2008 - Prohibits a foreclosure consultant from: (1) receiving compensation from a homeowner for services performed regarding residential real property until such consultant has fully performed each service contracted for; (2) holding power of attorney from any homeowner, except to inspect documents; (3) receiving consideration from a third party in connection with services rendered to a homeowner by such third party with respect to the foreclosure, unless such consideration is fully disclosed in writing before such services are rendered; (4) accepting any wage assignment, lien, or other security to secure compensation for services rendered regarding foreclosure of the residential real property; or (5) acquiring any interest in the residence of a homeowner with whom the consultant has contracted.
Sets forth contract requirements. Permits a homeowner to cancel such contract without penalty or obligation.
Declares void and unenforceable: (1) any waiver by a homeowner of the protections provided in this Act; and (2) any contract that does not comply with this Act.
Requires a loan servicer to notify a homeowner of the dangers of fraudulent activities associated with foreclosure if the servicer finds that the homeowner has failed to make two consecutive payments on a residential mortgage loan and such loan is at risk of foreclosure.
Subjects any foreclosure consultant who fails to comply with this Act to liability for actual and punitive damages and attorneys' fees.
Empowers the Federal Trade Commission (FTC) and the states to enforce this Act. | {"src": "billsum_train", "title": "A bill to protect the property and security of homeowners who are subject to foreclosure proceedings, and for other purposes."} | 3,055 | 309 | 0.617236 | 1.932265 | 0.704661 | 3.764085 | 10.024648 | 0.940141 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Real Estate
Investment and Jobs Act of 2015''.
(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. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE
INVESTMENT TRUSTS.
(a) Modifications of Ownership Rules.--
(1) In general.--Section 897 is amended by adding at the
end the following new subsection:
``(k) Special Rules Relating to Real Estate Investment Trusts.--
``(1) Increase in percentage ownership for exceptions for
persons holding publicly traded stock.--
``(A) Dispositions.--In the case of any disposition
of stock in a real estate investment trust, paragraphs
(3) and (6)(C) of subsection (c) shall each be applied
by substituting `more than 10 percent' for `more than 5
percent'.
``(B) Distributions.--In the case of any
distribution from a real estate investment trust,
subsection (h)(1) shall be applied by substituting `10
percent' for `5 percent'.
``(2) Stock held by qualified shareholders not treated as
usrpi.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) stock of a real estate investment
trust which is held directly by a qualified
shareholder shall not be treated as a United
States real property interest, and
``(ii) notwithstanding subsection (h)(1),
any distribution to a qualified shareholder
shall not be treated as gain recognized from
the sale or exchange of a United States real
property interest to the extent the stock of
the real estate investment trust held by such
qualified shareholder is not treated as a
United States real property interest under
clause (i).
``(B) Exception.--In the case of a qualified
shareholder with 1 or more applicable investors--
``(i) subparagraph (A)(i) shall not apply
to so much of the stock of a real estate
investment trust held by a qualified
shareholder as bears the same ratio to the
value of the interests (other than interests
held solely as a creditor) held by such
applicable investors in the qualified
shareholder bears to value of all interests
(other than interests held solely as a
creditor) in the qualified shareholder, and
``(ii) a percentage equal to the ratio
determined under clause (i) of the amounts
realized by the qualified shareholder with
respect to any disposition of stock in the real
estate investment trust or with respect to any
distribution from the real estate investment
trust attributable to gain from sales or
exchanges of a United States real property
interest shall be treated as amounts realized
from the disposition of United States real
property interests.
``(C) Applicable investor.--For purposes of this
paragraph, the term `applicable investor' means, with
respect to any qualified shareholder holding stock in a
real estate investment trust, a person (other than a
qualified shareholder) which--
``(i) holds an interest (other than an
interest solely as a creditor) in such
qualified shareholder, and
``(ii) holds more than 10 percent of the
stock of such real estate investment trust
(whether or not by reason of the person's
ownership interest in the qualified
shareholder).
``(D) Constructive ownership rules.--For purposes
of subparagraphs (B)(i) and (C), the constructive
ownership rules under subsection (c)(6)(C) shall apply.
``(3) Qualified shareholder.--For purposes of this
subsection--
``(A) In general.--The term `qualified shareholder'
means a foreign person--
``(i) which is eligible for benefits of a
comprehensive income tax treaty with the United
States which includes an exchange of
information program,
``(ii) which is a qualified collective
investment vehicle,
``(iii) the principal class of interests of
which is listed and regularly traded on 1 or
more recognized stock exchanges (as defined in
such comprehensive income tax treaty), and
``(iv) which maintains records on the
identity of each person who, at any time during
the foreign person's taxable year, holds
directly 5 percent or more of the class of
interest described in clause (iii).
``(B) Qualified collective investment vehicle.--For
purposes of this subsection, the term `qualified
collective investment vehicle' means a foreign person--
``(i) which, under the comprehensive income
tax treaty described in subparagraph (A)(i), is
eligible for a reduced rate of withholding with
respect to ordinary dividends paid by a real
estate investment trust even if such person
holds more than 10 percent of the stock of such
real estate investment trust, or
``(ii) which is designated as a qualified
collective investment vehicle by the Secretary
and is either--
``(I) fiscally transparent within
the meaning of section 894, or
``(II) required to include
dividends in its gross income, but
entitled to a deduction for
distributions to persons holding
interests (other than interests solely
as a creditor) in such foreign
person.''.
(2) Conforming amendments.--
(A) Section 897(c)(1)(A) is amended by inserting
``or subsection (k)'' after ``subparagraph (B)'' in the
matter preceding clause (i).
(B) Section 857(b)(3)(F) is amended by inserting
``or section 897(k)(2)(A)(ii)'' after ``897(h)(1)''.
(b) Determination of Domestic Control.--
(1) Special ownership rules.--
(A) In general.--Section 897(h)(4) is amended by
adding at the end the following new subparagraph:
``(E) Special ownership rules.--For purposes of
determining the holder of stock under subparagraphs (B)
and (C)--
``(i) in the case of any class of stock of
the qualified investment entity which is
regularly traded on an established securities
market in the United States, a person holding
less than 5 percent of such class of stock at
all times during the testing period shall be
treated as a United States person unless the
qualified investment entity has actual
knowledge that such person is not a United
States person,
``(ii) any stock in the qualified
investment entity held by another qualified
investment entity--
``(I) any class of stock of which
is regularly traded on an established
securities market, or
``(II) which is a regulated
investment company which issues
redeemable securities (within the
meaning of section 2 of the Investment
Company Act of 1940),
shall be treated as held by a foreign person,
except that if such other qualified investment
entity is domestically controlled (determined
after application of this subparagraph), such
stock shall be treated as held by a United
States person, and
``(iii) any stock in the qualified
investment entity held by any other qualified
investment entity not described in subclause
(I) or (II) of clause (ii) shall only be
treated as held by a United States person in
proportion to the stock of such other qualified
investment entity which is (or is treated under
clause (ii) or (iii) as) held by a United
States person.''.
(B) Conforming amendment.--The heading for
paragraph (4) of section 897(h) is amended by inserting
``and special rules'' after ``Definitions''.
(2) Technical amendment.--Clause (ii) of section
897(h)(4)(A) is amended by inserting ``and for purposes of
determining whether a real estate investment trust is a
domestically controlled qualified investment entity under this
subsection'' after ``real estate investment trust''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date of enactment and shall apply to--
(A) any disposition on and after the date of the
enactment of this Act, and
(B) any distribution by a real estate investment
trust on or after the date of the enactment of this Act
which is treated as a deduction for a taxable year of
such trust ending after such date.
(2) Determination of domestic control.--The amendments made
by subsection (b)(1) shall take effect on the date of the
enactment of this Act.
(3) Technical amendment.--The amendment made by subsection
(b)(2) shall take effect on January 1, 2015.
SEC. 3. EXCEPTION FOR INTERESTS HELD BY FOREIGN RETIREMENT OR PENSION
FUNDS.
(a) In General.--Section 897, as amended by section 2, is amended
by adding at the end the following new subsection:
``(l) Exception for Interests Held by Foreign Pension Funds.--
``(1) In general.--This section shall not apply to any
United States real property interest held by--
``(A) a qualified foreign pension fund, or
``(B) any entity all of the interests of which are
held by a qualified foreign pension fund.
``(2) Qualified foreign pension fund.--For purposes of this
subsection, the term `qualified foreign pension fund' means any
trust, corporation, or other organization or arrangement--
``(A) which is created or organized under the law
of a country other than the United States,
``(B) which is established to provide retirement or
pension benefits to participants or beneficiaries that
are current or former employees (or persons designated
by such employees) of one or more employers in
consideration for services rendered,
``(C) which does not have a single participant or
beneficiary with a right to more than five percent of
its assets or income,
``(D) which is subject to government regulation and
provides annual information reporting about its
beneficiaries to the relevant tax authorities in the
country in which it is established or operates, and
``(E) with respect to which, under the laws of the
country in which it is established or operates--
``(i) contributions to such trust,
corporation, organization, or arrangement which
would otherwise be subject to tax under such
laws are deductible or excluded from the gross
income of such entity or taxed at a reduced
rate, or
``(ii) taxation of any investment income of
such trust, corporation, organization or
arrangement is deferred or such income is taxed
at a reduced rate.
``(3) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection.''.
(b) Exemption From Withholding.--Section 1445(f)(3) is amended by
striking ``any person'' and all that follows and inserting the
following: ``any person other than--
``(A) a United States person, and
``(B) except as otherwise provided by the
Secretary, an entity with respect to which section 897
does not apply by reason of subsection (l) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions and distributions after the date of the enactment
of this Act. | Real Estate Investment and Jobs Act of 2015 This bill amends the Internal Revenue Code to increase from 5% to 10% the stock ownership threshold in a real estate investment trust for purposes of exempting proceeds from dispositions of such stock from withholding requirements under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). Exempts from FIRPTA withholding requirements U.S. real property interests held by: (1) a qualified foreign pension fund created or organized outside the United States, or (2) any entity all of the interests of which are held by a qualified foreign pension fund. | {"src": "billsum_train", "title": "Real Estate Investment and Jobs Act of 2015"} | 2,594 | 124 | 0.598637 | 1.516791 | 0.640075 | 3.354545 | 21.454545 | 0.881818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance Equity
for Service Workers Act of 2004''.
SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR.
(a) Adjustment Assistance for Workers.--Section 221(a)(1)(A) of the
Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking
``firm)'' and inserting ``firm, and workers in a service sector firm or
subdivision of a service sector firm or public agency)''.
(b) Group Eligibility Requirements.--Section 222 of the Trade Act
of 1974 (19 U.S.C. 2272) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``agricultural firm)'' and inserting
``agricultural firm, and workers in a service sector
firm or subdivision of a service sector firm or public
agency)'';
(B) in paragraph (1), by inserting ``or public
agency'' after ``of the firm''; and
(C) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``like or directly competitive with articles
produced'' and inserting ``or services like or
directly competitive with articles produced or
services provided'';
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(iii) by adding after subparagraph (B) the
following:
``(C)(i) there has been a shift, by such workers'
firm, subdivision, or public agency to a foreign
country, in provision of services, like or directly
competitive with services which are provided by such
firm, subdivision, or public agency; or
``(ii) such workers' firm, subdivision, or public
agency has obtained or is likely to obtain such
services from a foreign country.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``agricultural firm)'' and inserting
``agricultural firm, and workers in a service sector
firm or subdivision of a service sector firm or public
agency)'';
(B) in paragraph (2), by inserting ``or service''
after ``related to the article''; and
(C) in paragraph (3)(A), by inserting ``or
services'' after ``component parts'';
(3) in subsection (c)--
(A) in paragraph (3)--
(i) by inserting ``or services'' after
``value-added production processes'';
(ii) by striking ``or finishing'' and
inserting ``, finishing, or testing'';
(iii) by inserting ``or services'' after
``for articles''; and
(iv) by inserting ``(or subdivision)''
after ``such other firm''; and
(B) in paragraph (4)--
(i) by striking ``for articles'' and
inserting ``, or services, for articles or
services''; and
(ii) by inserting ``(or subdivision)''
after ``such other firm''; and
(4) by adding at the end the following new subsection:
``(d) Basis for Secretary's Determinations.--
``(1) Increased imports.--For purposes of subsection
(a)(2)(A)(ii), the Secretary may determine that increased
imports of like or directly competitive services exist if the
workers' firm or subdivision or customers of the workers' firm
or subdivision accounting for not less than 20 percent of the
sales of the workers' firm or subdivision certify to the
Secretary that they are obtaining such articles or services
from a foreign country.
``(2) Obtaining services abroad.--For purposes of
subsection (a)(2)(C)(ii), the Secretary may determine that the
workers' firm, subdivision, or public agency has obtained or is
likely to obtain like or directly competitive services from a
foreign country based on a certification thereof from the
workers' firm, subdivision, or public agency.
``(3) Authority of the secretary.--The Secretary may obtain
the certifications under paragraphs (1) and (2) through
questionnaires or in such other manner as the Secretary
determines is appropriate.''.
(c) Training.--Section 236(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2296(a)(2)(A)) is amended by striking ``$220,000,000'' and
inserting ``$440,000,000''.
(d) Definitions.--Section 247 of the Trade Act of 1974 (19 U.S.C.
2319) is amended--
(1) in paragraph (1)--
(A) by inserting ``or public agency'' after ``of a
firm''; and
(B) by inserting ``or public agency'' after ``or
subdivision'';
(2) in paragraph (2)(B), by inserting ``or public agency''
after ``the firm'';
(3) by redesignating paragraphs (8) through (17) as
paragraphs (9) through (18), respectively; and
(4) by inserting after paragraph (6) the following:
``(7) The term `public agency' means a department or agency
of a State or local government or of the Federal Government.
``(8) The term `service sector firm' means an entity
engaged in the business of providing services.''.
(e) Technical Amendment.--Section 245(a) of the Trade Act of 1974
(19 U.S.C. 2317(a)) is amended by striking ``, other than subchapter
D''.
SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND INDUSTRIES.
(a) Firms.--
(1) Assistance.--Section 251 of the Trade Act of 1974 (19
U.S.C. 2341) is amended--
(A) in subsection (a), by inserting ``or service
sector firm'' after ``(including any agricultural
firm'';
(B) in subsection (c)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or service sector firm''
after ``any agricultural firm'';
(ii) in subparagraph (B)(ii), by inserting
``or service'' after ``of an article''; and
(iii) in subparagraph (C), by striking
``articles like or directly competitive with
articles which are produced'' and inserting
``articles or services like or directly
competitive with articles or services which are
produced or provided''; and
(C) by adding at the end the following:
``(e) Basis for Secretary Determination.--
``(1) Increased imports.--For purposes of subsection
(c)(1)(C), the Secretary may determine that increases of
imports of like or directly competitive services exist if
customers of the firm accounting for not less than 20 percent
of the sales of the firm certify to the Secretary that they are
obtaining such articles or services from a foreign country.
``(2) Authority of the secretary.--The Secretary may obtain
the certifications under paragraph (1) through questionnaires
or in such other manner as the Secretary determines is
appropriate. The subpoena power described in section 249 shall
be extended to the Secretary of Commerce for purposes of
carrying out this subsection.''.
(2) Authorization of appropriations.--Section 256(b) of the
Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking
``$16,000,000'' and inserting ``$32,000,000''.
(3) Definition.--Section 261 of the Trade Act of 1974 (19
U.S.C. 2351) is amended--
(A) by striking ``For purposes of'' and inserting
``(a) Firm.--For purposes of''; and
(B) by adding at the end the following:
``(b) Service Sector Firm.--For purposes of this chapter, the term
`service sector firm' means a firm engaged in the business of providing
services.''.
(b) Industries.--Section 265(a) of the Trade Act of 1974 (19 U.S.C.
2355(a)) is amended by inserting ``or service'' after ``new product''.
(c) Clerical Amendment.--(1) Section 249 of the Trade Act of 1974
(19 U.S.C. 2321) is amended--
(A) by amending the section heading to read as follows:
``SEC. 249. SUBPOENA AUTHORITY. '';
and
(B) by striking ``subpena'' each place it appears and
inserting ``subpoena''.
(2) The item relating to section 249 in the table of contents of
the Trade Act of 1974 is amended to read as follows:
``249. Subpoena authority.''.
SEC. 4. MONITORING AND REPORTING.
Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting
``(a) Monitoring Programs.--The Secretary'';
(B) by inserting ``and services'' after ``imports
of articles'';
(C) by inserting ``and domestic provision of
services'' after ``domestic production'';
(D) by inserting ``or providing services'' after
``producing articles''; and
(E) by inserting ``, or provision of services,''
after ``changes in production''; and
(2) by adding at the end the following:
``(b) Collection of Data and Reports on Services Sector.--
``(1) Secretary of labor.--Not later than 3 months after
the date of the enactment of the Trade Adjustment Assistance
Equity for Service Workers Act of 2004, the Secretary of Labor
shall implement a system to collect data on adversely affected
service workers that includes the number of workers by State,
industry, and cause of dislocation of each worker.
``(2) Secretary of commerce.--Not later than 6 months after
such date of enactment, the Secretary of Commerce shall, in
consultation with the Secretary of Labor, conduct a study and
report to the Congress on ways to improve the timeliness and
coverage of data on trade in services, including methods to
identify increased imports due to the relocation of United
States firms to foreign countries, and increased imports due to
United States firms obtaining services from firms in foreign
countries.''. | Trade Adjustment Assistance Equity for Service Workers Act of 2004 - Amends the Trade Act of 1974 to extend trade adjustment assistance (TAA) to workers in a service sector firm or its subdivision or public agency.
Revises group eligibility requirements for TAA to include: (1) a shift, by a public agency to a foreign country in provision of services, like or directly competitive with services which are provided by the workers' firm, subdivision, or public agency; and (2) the situation where the workers' firm, subdivision, or public agency obtains or is likely to obtain such services from a foreign country.
Requires the Secretary of Labor to certify as eligible to apply for TAA any adversely affected secondary workers in a service sector firm or its subdivision or public agency.
Specifies criteria for determination of the existence of increased imports of like or directly competitive articles or services.
Increases from $220 million to $440 million the amount of fiscal year payments for training of adversely affected workers under the Act.
Authorizes the Secretary of Labor to provide technical assistance for the establishment of industrywide programs for new service development.
Modifies the trade monitoring system to include imports of services. | {"src": "billsum_train", "title": "To amend the Trade Act of 1974 to extend the trade adjustment assistance program to the services sector, and for other purposes."} | 2,450 | 251 | 0.617191 | 1.782373 | 0.991834 | 3.209607 | 9.310044 | 0.825328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Brule Sioux Tribe
Infrastructure Development Trust Fund Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) under the Act of December 22, 1944, commonly known as the
``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33 U.S.C.
701-1 et seq.) Congress approved the Pick-Sloan Missouri River
Basin program--
(A) to promote the general economic development of the
United States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating
floods of the Missouri River; and
(D) for other purposes;
(2) the Fort Randall and Big Bend projects are major components
of the Pick-Sloan Missouri River Basin program, and contribute to
the national economy by generating a substantial amount of
hydropower and impounding a substantial quantity of water;
(3) the Fort Randall and Big Bend projects overlie the eastern
boundary of the Lower Brule Indian Reservation, having inundated
the fertile, wooded bottom lands of the Tribe along the Missouri
River that constituted the most productive agricultural and
pastoral lands of the Lower Brule Sioux Tribe and the homeland of
the members of the Tribe;
(4) Public Law 85-923 (72 Stat. 1773 et seq.) authorized the
acquisition of 7,997 acres of Indian land on the Lower Brule Indian
Reservation for the Fort Randall project and Public Law 87-734 (76
Stat. 698 et seq.) authorized the acquisition of 14,299 acres of
Indian land on the Lower Brule Indian Reservation for the Big Bend
project;
(5) Public Law 87-734 (76 Stat. 698 et seq.) provided for the
mitigation of the effects of the Fort Randall and Big Bend projects
on the Lower Brule Indian Reservation, by directing the Secretary
of the Army to--
(A) as necessary, by reason of the Big Bend project,
protect, replace, relocate, or reconstruct--
(i) any essential governmental and agency facilities on
the reservation, including schools, hospitals, offices of
the Public Health Service and the Bureau of Indian Affairs,
service buildings, and employee quarters existing at the
time that the projects were carried out; and
(ii) roads, bridges, and incidental matters or
facilities in connection with those facilities;
(B) provide for a townsite adequate for 50 homes, including
streets and utilities (including water, sewage, and
electricity), taking into account the reasonable future growth
of the townsite; and
(C) provide for a community center containing space and
facilities for community gatherings, tribal offices, tribal
council chamber, offices of the Bureau of Indian Affairs,
offices and quarters of the Public Health Service, and a
combination gymnasium and auditorium;
(6) the requirements under Public Law 87-734 (76 Stat. 698 et
seq.) with respect to the mitigation of the effects of the Fort
Randall and Big Bend projects on the Lower Brule Indian Reservation
have not been fulfilled;
(7) although the national economy has benefited from the Fort
Randall and Big Bend projects, the economy on the Lower Brule
Indian Reservation remains underdeveloped, in part as a consequence
of the failure of the Federal Government to fulfill the obligations
of the Federal Government under the laws referred to in paragraph
(4);
(8) the economic and social development and cultural
preservation of the Lower Brule Sioux Tribe will be enhanced by
increased tribal participation in the benefits of the Fort Randall
and Big Bend components of the Pick-Sloan Missouri River Basin
program; and
(9) the Lower Brule Sioux Tribe is entitled to additional
benefits of the Pick-Sloan Missouri River Basin program.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Lower Brule Sioux Tribe
Infrastructure Development Trust Fund established under section
4(a).
(2) Plan.--The term ``plan'' means the plan for socioeconomic
recovery and cultural preservation prepared under section 5.
(3) Program.--The term ``Program'' means the power program of
the Pick-Sloan Missouri River Basin program, administered by the
Western Area Power Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribe.--The term ``Tribe'' means the Lower Brule Sioux
Tribe of Indians, a band of the Great Sioux Nation recognized by
the United States of America.
SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE INFRASTRUCTURE
DEVELOPMENT TRUST FUND.
(a) Lower Brule Sioux Tribe Infrastructure Development Trust
Fund.--There is established in the Treasury of the United States a fund
to be known as the ``Lower Brule Sioux Tribe Infrastructure Development
Trust Fund''.
(b) Funding.--Beginning with fiscal year 1998, and for each fiscal
year thereafter, until such time as the aggregate of the amounts
deposited in the Fund is equal to $39,300,000, the Secretary of the
Treasury shall deposit into the Fund an amount equal to 25 percent of
the receipts from the deposits to the Treasury of the United States for
the preceding fiscal year from the Program.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States.
(d) Payment of Interest to Tribe.--
(1) Establishment of account and transfer of interest.--The
Secretary of the Treasury shall, in accordance with this
subsection, transfer any interest that accrues on amounts deposited
under subsection (b) into a separate account established by the
Secretary of the Treasury in the Treasury of the United States.
(2) Payments.--
(A) In general.--Beginning with the fiscal year immediately
following the fiscal year during which the aggregate of the
amounts deposited in the Fund is equal to the amount specified
in subsection (b), and for each fiscal year thereafter, all
amounts transferred under paragraph (1) shall be available,
without fiscal year limitation, to the Secretary of the
Interior for use in accordance with subparagraph (C).
(B) Withdrawal and transfer of funds.--For each fiscal year
specified in subparagraph (A), the Secretary of the Treasury
shall withdraw amounts from the account established under
paragraph (1) and transfer such amounts to the Secretary of the
Interior for use in accordance with subparagraph (C). The
Secretary of the Treasury may only withdraw funds from the
account for the purpose specified in this paragraph.
(C) Payments to tribe.--The Secretary of the Interior shall
use the amounts transferred under subparagraph (B) only for the
purpose of making payments to the Tribe.
(D) Use of payments by tribe.--The Tribe shall use the
payments made under subparagraph (C) only for carrying out
projects and programs pursuant to the plan prepared under
section 5.
(3) Prohibition on per capita payments.--No portion of any
payment made under this subsection may be distributed to any member
of the Tribe on a per capita basis.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d)(1), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL PRESERVATION.
(a) Plan.--
(1) In general.--The Tribe shall, not later than 2 years after
the date of enactment of this Act, prepare a plan for the use of
the payments made to the Tribe under section 4(d)(2). In developing
the plan, the Tribe shall consult with the Secretary of the
Interior and the Secretary of Health and Human Services.
(2) Requirements for plan components.--The plan shall, with
respect to each component of the plan--
(A) identify the costs and benefits of that component; and
(B) provide plans for that component.
(b) Content of Plan.--The plan shall include the following programs
and components:
(1) Educational facility.--The plan shall provide for an
educational facility to be located on the Lower Brule Indian
Reservation.
(2) Comprehensive inpatient and outpatient health care
facility.--The plan shall provide for a comprehensive inpatient and
outpatient health care facility to provide essential services that
the Secretary of Health and Human Services, in consultation with
the individuals and entities referred to in subsection (a)(1),
determines to be--
(A) needed; and
(B) unavailable through facilities of the Indian Health
Service on the Lower Brule Indian Reservation in existence at
the time of the determination.
(3) Water system.--The plan shall provide for the construction,
operation, and maintenance of a municipal, rural, and industrial
water system for the Lower Brule Indian Reservation.
(4) Recreational facilities.--The plan shall provide for
recreational facilities suitable for high-density recreation at
Lake Sharpe at Big Bend Dam and at other locations on the Lower
Brule Indian Reservation in South Dakota.
(5) Other projects and programs.--The plan shall provide for
such other projects and programs for the educational, social
welfare, economic development, and cultural preservation of the
Tribe as the Tribe considers to be appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as may be
necessary to carry out this Act, including such funds as may be
necessary to cover the administrative expenses of the Fund.
SEC. 7. EFFECT OF PAYMENTS TO TRIBE.
(a) In General.--No payment made to the Tribe pursuant to this Act
shall result in the reduction or denial of any service or program to
which, pursuant to Federal law--
(1) the Tribe is otherwise entitled because of the status of
the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the Tribe.
(b) Exemptions; Statutory Construction.--
(1) Power rates.--No payment made pursuant to this Act shall
affect Pick-Sloan Missouri River Basin power rates.
(2) Statutory construction.--Nothing in this Act may be
construed as diminishing or affecting--
(A) any right of the Tribe that is not otherwise addressed
in this Act; or
(B) any treaty obligation of the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act - Establishes in the Treasury the Lower Brule Sioux Tribe Infrastructure Development Trust Fund into which, beginning with FY 1998, 25 percent of the receipts from the power program of the Pick-Sloan Missouri River basin program shall be deposited until a specified Fund aggregate amount is attained.
Directs the Secretary of the Treasury to transfer interest that accrues on such deposits into a separate Treasury account from which the Secretary shall transfer amounts to the Secretary of the Interior for payments to the Tribe.
Directs the Tribe, in consultation with the Secretaries of the Interior and of Health and Human Services, to develop a plan for the socioeconomic recovery and cultural preservation of the Lower Brule Sioux Tribe. Requires that the plan provide for: (1) an educational facility on the Lower Brule Indian Reservation; (2) a comprehensive inpatient and outpatient health care facility; (3) construction, operation, and maintenance of a municipal, rural, and industrial water system for the Reservation; (4) recreational facilities at Lake Sharpe at Big Bend Dam and other locations on the Reservation; and (5) other projects and programs for the educational, social welfare, economic development, and cultural preservation of the Tribe.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act"} | 2,394 | 281 | 0.602888 | 1.831915 | 0.734031 | 4.325103 | 8.823045 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Rail Infrastructure Program
Act''.
TITLE I--NATIONAL RAIL INFRASTRUCTURE PROGRAM
SEC. 101. ESTABLISHMENT.
The Secretary of Transportation shall establish a National Rail
Infrastructure Program to provide grants for projects that address
railroad infrastructure and systems deficiencies in order to provide
substantial public benefits such as mitigating highway traffic
congestion, reducing transportation emissions, reducing energy used in
transportation, or improving the overall efficiency of railroad
operations.
SEC. 102. ELIGIBLE PROJECTS.
(a) In General.--Projects eligible for funding under this title
shall include projects to maintain and increase track and intermodal
yard capacity, to acquire rights-of-way for future expansion, to
separate railroad and road crossings and make other railroad and road
interface improvements, to separate rail-to-rail crossings, to
integrate railroad systems, and to construct, repair, and rehabilitate
track and related supporting structures.
(b) Noneligible Purposes.--Funding shall not be provided under this
title for operating expenses, acquisition of rolling stock, payment of
debt, or construction or repair of maintenance facilities, passenger
facilities at stations, or other ancillary railroad business
structures.
SEC. 103. INCLUSION IN STATE PLANS.
A project shall not be funded under this title unless it is
included in--
(1) a long-range transportation plan prepared under section
134(g) of title 23, United States Code;
(2) a State plan developed under section 135 of title 23,
United States Code; or
(3) a transportation improvement program under section 5304
of title 49, United States Code.
SEC. 104. COST SHARING.
At least 20 percent of the costs of a project for which funding is
provided under this title shall be provided by State, local, and other
non-Federal public sources.
SEC. 105. ALLOCATION OF FUNDS.
(a) Formula Amounts.--
(1) Percentage.--The Secretary of Transportation shall
provide 80 percent of the amount available for grants under
this title for each fiscal year to States according to the
formula described in paragraph (2), in grants for eligible
projects in the States.
(2) Formula.--Amounts described in paragraph (1) shall be
distributed among the States according to a formula designed by
the Secretary of Transportation to weigh equally for each
State--
(A) the number of rail miles in the State;
(B) the number of rail cars loaded in the State;
(C) the number of rail cars unloaded in the State;
and
(D) the number of railroad and public road grade
crossings in the State.
(b) Secretary's Discretionary Amounts.--The Secretary of
Transportation shall use 20 percent of the amount available for grants
under this title for each fiscal year to directly make grants for
eligible projects of national significance, with emphasis on projects
with the greatest public benefit.
SEC. 106. LABOR STANDARDS.
The Secretary of Transportation shall ensure that laborers and
mechanics employed by contractors and subcontractors in construction
work on projects funded under this title will be paid wages not less
than those prevailing on similar construction in the locality, as
determined by the Secretary of Labor under the Act of March 3, 1931
(known as the Davis-Bacon Act) (40 U.S.C. 276a-276a-5).
SEC. 107. DISADVANTAGED BUSINESS ENTERPRISES.
(a) General Rule.--Except to the extent that the Secretary of
Transportation determines otherwise, not less than 10 percent of the
amounts made available under this Act shall be expended with small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
(b) Definitions.--The terms used in this section have the meaning
given those terms in section 1101(b)(2) of the Transportation Equity
Act For the 21st Century (23 U.S.C. 101 note).
SEC. 108. DEFINITIONS.
For purposes of this title--
(1) the term ``rail miles'' means route miles, not track
miles; and
(2) the term ``railroad'' means freight, intercity
passenger, and commuter rail transportation operated as part of
the general system of rail transportation.
TITLE II--FUNDING
SEC. 201. EXCISE TAX ON SALE OF CERTAIN TRAIN EQUIPMENT.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986
(relating to manufacturers excise taxes) is amended by inserting after
subchapter D the following new subchapter:
``Subchapter E--Railroad Locomotives and Rolling Stock
``Sec. 4191. Imposition of tax.
``SEC. 4191. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed on the sale of any
specified railroad equipment by the manufacturer, producer, or importer
a tax equal to 5 percent of the price for which so sold.
``(b) Specified Railroad Equipment.--For purposes of this section,
the term `specified railroad equipment' means--
``(1) any railroad locomotive, and
``(2) any other railroad rolling stock.
``(c) Separate Purchase of Parts and Accessories.--Under
regulations prescribed by the Secretary--
``(1) In general.--If--
``(A) the owner, lessee, or operator of any
specified railroad equipment installs (or causes to be
installed) any part or accessory on such equipment, and
``(B) such installation is not later than the date
6 months after the date such equipment was first placed
in service,
then there is hereby imposed on such installation a tax equal
to 5 percent of the price of such part or accessory and its
installation.
``(2) Exception.--Paragraph (1) shall not apply if the part
or accessory installed is a replacement part or accessory.
``(3) Installers secondarily liable for tax.--The owners of
the trade or business installing the parts or accessories shall
be secondarily liable for the tax imposed by paragraph (1).''
(b) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by inserting after the item relating to subchapter
D the following new item:
``Subchapter E. Railroad locomotives and
rolling stock.''
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
SEC. 202. TAX ON RAIL TRANSPORTATION OF PERSONS OR PROPERTY.
(a) In General.--Chapter 33 of the Internal Revenue Code of 1986 is
amended by inserting before subchapter B the following new subchapter:
``Subchapter A--Transportation by Rail
``Sec. 4241. Transportation of persons.
``Sec. 4242. Transportation of property.
``Sec. 4243. Definitions and special
rules.
``SEC. 4241. TRANSPORTATION OF PERSONS.
``(a) In General.--There is hereby imposed on the amount paid for
taxable rail transportation of any person a tax equal to--
``(1) 5 percent of the amount so paid in the case of
taxable rail transportation by commuter rail, and
``(2) 10 percent of the amount so paid in any other case.
(b) By Whom Paid.--The tax imposed by this section shall be paid by
the person making the payment subject to the tax.
``SEC. 4242. TRANSPORTATION OF PROPERTY.
``(a) In General.--there is hereby imposed upon the amount paid
within or without the United States for the taxable rail transportation
of property a tax equal to 1 percent of the amount so paid for such
transportation. The tax imposed by this subsection shall apply only to
amounts paid to a person engaged in the business of transporting
property by rail for hire.
``(b) By Whom Paid.--
``(1) In general.--Except as provided by paragraph (2), the
tax imposed by subsection (a) shall be paid by the person
making the payment subject to tax.
``(2) Payments made outside the united states.--If a
payment subject to tax under subsection (a) is made outside the
United States and the person making such payment does not pay
such tax, such tax--
``(A) shall be paid by the person to whom the
property is delivered in the United States by the
person furnishing the last segment of the taxable
transportation in respect of which such tax is imposed,
and
``(B) shall be collected by the person furnishing
the last segment of such taxable transportation.
``SEC. 4243. DEFINITIONS AND SPECIAL RULES.
``(a) Taxable Rail Transportation.--For purposes of this
subchapter, the term `taxable rail transportation' means transportation
by rail within the United States, other than by mass transit.
``(b) Transportation.--For purposes of this subchapter, the term
`transportation' includes layover or waiting time and movement of the
train in deadhead service.
``(c) Special Rules.--
``(1) Payments made outside the United States for prepaid
orders.--If the payment upon which tax is imposed by section
4241 is made outside the United States for a prepaid order,
exchange order, or similar order, the person furnishing the
initial transportation pursuant to such order shall collect the
amount of the tax.
``(2) Tax deducted upon refunds.--Every person who refunds
any amount with respect to a ticket or order which was
purchased without payment of the tax imposed by section 4241
shall deduct from the amount refundable, to the extent
available, any tax due under such section as a result of the
use of a portion of the transportation purchased in connection
with such ticket or order, and shall report to the Secretary
the amount of any such tax remaining uncollected.
``(3) Payment of tax.--Where any tax imposed by section
4241 is not paid at the time payment for transportation is
made, then, under regulations prescribed by the Secretary, to
the extent that such tax is not collected under any other
provision of this subchapter, such tax shall be paid by the
carrier providing the initial segment of such transportation in
the United States.''
(b) Clerical Amendment.--The table of subchapters for chapter 33 of
such Code is amended by inserting before the item relating to
subchapter B the following new item:
``Subchapter A. Transportation by rail.''
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
SEC. 203. NATIONAL RAIL INFRASTRUCTURE PROGRAM TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. NATIONAL RAIL INFRASTRUCTURE PROGRAM TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `National Rail
Infrastructure Program Trust Fund', consisting of such amounts as may
be appropriated or credited to such Trust Fund as provided in this
section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the National Rail Infrastructure Program Trust Fund amounts equivalent
to--
``(1) the taxes received in the Treasury under section 4191
(relating to taxes on railroad locomotives and rolling stock),
``(2) 10 percent of all customs duties received in the
Treasury after September 30, 2003,
``(3) the taxes received in the Treasury under section 4041
or 4081 to the extent attributable to fuel used in a train, and
``(4) 10 percent of all royalties received by the United
States attributable to the removal of oil or gas from Federal
lands.
``(c) Expenditures.--Amounts in the National Rail Infrastructure
Program Trust Fund shall be available, as provided in appropriation
Acts, only for purposes of making expenditures to carry out title I of
the National Rail Infrastructure Program Act.''
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. National Rail Infrastructure
Program Trust Fund.'' | National Rail Infrastructure Program Act - Directs the Secretary of Transportation to establish a National Rail Infrastructure Program to provide grants for projects addressing railroad infrastructure and systems deficiencies.
Makes eligible for such grants projects to: (1) maintain and increase track and intermodal yard capacity; (2) acquire rights-of-way for future expansion; (3) separate railroad and road crossings and make other railroad and road interface improvements; (4) separate rail-to-rail crossings; (5) integrate railroad systems; and (6) construct, repair, and rehabilitate track and related supporting structures. Prohibits the use of grant funds for operating expenses, acquisition of rolling stock, payment of debt, or construction or repair of maintenance facilities, passenger facilities at stations, or other ancillary railroad business structures.
Requires at least 20 percent of project costs to be provided by State, local, and other non-Federal public sources.
Amends the Internal Revenue Code to impose an excise tax of: (1) five percent on the sale of any specified railroad equipment by the manufacturer, producer, or importer; (2) five percent of the amount paid for taxable rail transportation of any person by commuter rail, and of ten percent in any other case; and (3) one percent of the amount paid inside or outside the United States for the taxable rail transportation of property.
Establishes in the Treasury a National Rail Infrastructure Program Trust Fund, consisting of amounts equivalent to: (1) specified excise taxes received with respect to fuel used in a train, and the excise tax under this Act on railroad locomotives and rolling stock; (2) ten percent of all customs duties received after September 30, 2003; and (3) ten percent of all royalties attributable to the removal of oil or gas from Federal lands. Makes amounts in the Trust Fund available only for grants under this Act. | {"src": "billsum_train", "title": "To establish and provide for funding for a National Rail Infrastructure Program."} | 2,826 | 393 | 0.630726 | 1.914744 | 0.851208 | 4.99455 | 6.724796 | 0.950954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Amendments Act of 2016''.
SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
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 National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.
(a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by
striking ``may'' and inserting ``shall''.
(b) Placements in Congress.--Such section is further amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary''; and
(2) in paragraph (1), as designated by paragraph (1), in
the second sentence, by striking ``A fellowship'' and inserting
the following:
``(2) Placement priorities.--
``(A) In general.--In each year in which the
Secretary awards a legislative fellowship under this
subsection, when considering the placement of fellows,
the Secretary shall prioritize placement of fellows in
the following:
``(i) Positions in offices of, or with
members on, committees of Congress that have
jurisdiction over the National Oceanic and
Atmospheric Administration.
``(ii) Positions in offices of members of
Congress that have a demonstrated interest in
ocean, coastal, or Great Lakes resources.
``(B) Equitable distribution.--In placing fellows
in offices described in subparagraph (A), the Secretary
shall ensure, to the maximum degree practicable, that
placements are equitably distributed among the
political parties.
``(3) Duration.--A fellowship''.
(c) Effective Date.--The amendments made by subsection (b) shall
apply with respect to the first calendar year beginning after the date
of enactment of this Act.
(d) Sense of Congress Concerning Federal Hiring of Former
Fellows.--It is the sense of Congress that in recognition of the
competitive nature of the fellowship under section 208(b) of the
National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the
exceptional qualifications of fellowship awardees, the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans and
Atmosphere, should encourage participating Federal agencies to consider
opportunities for fellowship awardees at the conclusion of their
fellowship for workforce positions appropriate for their education and
experience.
SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT
DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is
amended to read as follows:
``(E) accept donations of money and,
notwithstanding section 1342 of title 31, United States
Code, of voluntary and uncompensated services;''.
(b) Priorities.--The Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and Atmosphere, shall establish
priorities for the use of donations accepted under section 204(c)(4)(E)
of the National Sea Grant College Program Act (33 U.S.C.
1123(c)(4)(E)), and shall consider among those priorities the
possibility of expanding the Dean John A. Knauss Marine Policy
Fellowship's placement of additional fellows in relevant legislative
offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in
accordance with the recommendations under subsection (c) of this
section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Sea Grant College
Program, in consultation with the National Sea Grant Advisory Board and
the Sea Grant Association, shall--
(1) develop recommendations for the optimal use of any
donations accepted under section 204(c)(4)(E) of the National
Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
(2) submit to Congress a report on the recommendations
developed under paragraph (1).
(d) Construction.--Nothing in this section shall be construed to
limit or otherwise affect any other amounts available for marine policy
fellowships under section 208(b) of the National Sea Grant College
Program Act (33 U.S.C. 1127(b)), including amounts--
(1) accepted under section 204(c)(4)(F) of that Act (33
U.S.C. 1123(c)(4)(F)); or
(2) appropriated under section 212 of that Act (33 U.S.C.
1131).
SEC. 5. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND
COASTAL RESEARCH ACTIVITIES.
Section 9 of the National Sea Grant College Program Act Amendments
of 2002 (33 U.S.C. 857-20) is repealed.
SEC. 6. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY
BOARD REPORT.
Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
(1) in the heading, by striking ``Biennial'' and inserting
``Periodic''; and
(2) in the first sentence, by striking ``The Board shall
report to the Congress every two years'' and inserting ``Not
less frequently than once every 3 years, the Board shall submit
to Congress a report''.
SEC. 7. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM.
Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter before
paragraph (1), by inserting ``for research, education, extension,
training, technology transfer, and public service'' after ``financial
assistance''.
SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY
FELLOWSHIP.
(a) In General.--During fiscal year 2016 and thereafter, the head
of any Federal agency may appoint, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code, other than
sections 3303 and 3328 of that title, a qualified candidate described
in subsection (b) directly to a position with the Federal agency for
which the candidate meets Office of Personnel Management qualification
standards.
(b) Dean John A. Knauss Marine Policy Fellowship.--Subsection (a)
applies with respect to a former recipient of a Dean John A. Knauss
Marine Policy Fellowship under section 208(b) of the National Sea Grant
College Program Act (33 U.S.C. 1127(b)) who--
(1) earned a graduate or post-graduate degree in a field
related to ocean, coastal and Great Lakes resources or policy
from an accredited institution of higher education; and
(2) successfully fulfilled the requirements of the
fellowship within the executive or legislative branch of the
United States Government.
(c) Limitation.--The direct hire authority under this section shall
be exercised with respect to a specific qualified candidate not later
than 2 years after the date that the candidate completed the
fellowship.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE
PROGRAM.
(a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this title--
``(A) $75,600,000 for fiscal year 2016;
``(B) $79,380,000 for fiscal year 2017;
``(C) $83,350,000 for fiscal year 2018;
``(D) $87,520,000 for fiscal year 2019;
``(E) $91,900,000 for fiscal year 2020; and
``(F) $96,500,000 for fiscal year 2021.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Priority activities for fiscal years 2016 through
2021.--In addition to the amounts authorized under paragraph
(1), there is authorized to be appropriated $6,000,000 for each
of fiscal years 2016 through 2021 for competitive grants for
the following:
``(A) University research on the biology,
prevention, and control of aquatic nonnative species.
``(B) University research on oyster diseases,
oyster restoration, and oyster-related human health
risks.
``(C) University research on the biology,
prevention, and forecasting of harmful algal blooms.
``(D) University research, education, training, and
extension services and activities focused on coastal
resilience and U.S. working waterfronts and other
regional or national priority issues identified in the
strategic plan under section 204(c)(1).
``(E) University research on sustainable
aquaculture techniques and technologies.
``(F) Fishery extension activities conducted by sea
grant colleges or sea grant institutes to enhance, and
not supplant, existing core program funding.''.
(b) Modification of Limitations on Amounts for Administration.--
Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read
as follows:
``(1) Administration.--
``(A) In general.--There may not be used for
administration of programs under this title in a fiscal
year more than 5.5 percent of the lesser of--
``(i) the amount authorized to be
appropriated under this title for the fiscal
year; or
``(ii) the amount appropriated under this
title for the fiscal year.
``(B) Critical staffing requirements.--
``(i) In general.--The Director shall use
the authority under subchapter VI of chapter 33
of title 5, United States Code, to meet any
critical staffing requirement while carrying
out the activities authorized in this title.
``(ii) Exception from cap.--For purposes of
subparagraph (A), any costs incurred as a
result of an exercise of authority as described
in clause (i) shall not be considered an amount
used for administration of programs under this
title in a fiscal year.''.
(c) Allocation of Funding.--
(1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3))
is amended--
(A) in the matter before subparagraph (A), by
striking ``With respect to sea grant colleges and sea
grant institutes'' and inserting ``With respect to sea
grant colleges, sea grant institutes, sea grant
programs, and sea grant projects''; and
(B) in subparagraph (B), in the matter before
clause (i), by striking ``funding among sea grant
colleges and sea grant institutes'' and inserting
``funding among sea grant colleges, sea grant
institutes, sea grant programs, and sea grant
projects''.
(2) Repeal of requirements concerning distribution of
excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 10. TECHNICAL CORRECTIONS.
The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.)
is amended--
(1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by
moving clause (vi) two ems to the right; and
(2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended
by section 6, in the third sentence, by striking ``The
Secretary shall'' and inserting the following:
``(3) Availability of resources of department of
commerce.--The Secretary shall''.
Passed the Senate July 14, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . National Sea Grant College Program Amendments Act of 2016 (Sec.3) This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program. The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. Those fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. (Sec.4)NOAA must establish priorities for the use of donations given for the National Sea Grant Program. (Sec.8)An agency may appoint a recipient of a Dean John A. Knauss Marine Policy Fellowship to a federal position within two years after such recipient successfully completes a fellowship. (Sec.9)The bill authorizes through FY2021 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2021 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding; and (2) priority issues identified in the National Sea Grant Program's strategic plan. | {"src": "billsum_train", "title": "National Sea Grant College Program Amendments Act of 2016"} | 2,863 | 324 | 0.59299 | 1.90518 | 0.72195 | 3.424242 | 8.931818 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes in conformity with this Act to advance
the research, development, demonstration, and commercial application of
hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
by individuals, universities (including historically Black
colleges and universities and other minority serving
institutions), and large and small businesses (including
businesses owned or controlled by socially and economically
disadvantaged persons).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include
essential elements of the competition such as the subject of
the competition, the duration of the competition, the
eligibility requirements for participation in the competition,
the process for participants to register for the competition,
the amount of the prize, and the criteria for awarding the
prize.
(c) Administering the Competitions.--The Secretary shall enter into
an agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The duties of the
administering entity under the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to
pay for administrative costs and to contribute to cash prizes,
including funds provided in exchange for the right to name a
prize awarded under this section;
(3) developing, in consultation with and subject to the
final approval of the Secretary, the criteria for selecting
winners in prize competitions, based on goals provided by the
Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount and funding sources for each prize to be
awarded, subject to the final approval of the Secretary with
respect to Federal funding;
(5) providing advice and consultation to the Secretary on
the selection of judges in accordance with section 4(d), using
criteria developed in consultation with and subject to the
final approval of the Secretary; and
(6) protecting against the entity's unauthorized use or
disclosure of a registered participant's trade secrets and
confidential business information. Any information properly
identified as trade secrets or confidential business
information that is submitted by a participant as part of a
competitive program under this Act may be withheld from public
disclosure.
(d) Funding Sources.--Prizes under this Act shall consist of
Federal appropriated funds and any funds provided by the administering
entity (including funds raised pursuant to subsection (c)(2)) for such
cash prize programs. The Secretary may accept funds from other Federal
agencies for such cash prizes and, notwithstanding section 3302(b) of
title 31, United States Code, may use such funds for the cash prize
program. Other than publication of the names of prize sponsors, the
Secretary may not give any special consideration to any private sector
entity or individual in return for a donation to the Secretary or
administering entity.
(e) Announcement of Prizes.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay out the
announced amount of the prize have been appropriated or committed in
writing by the administering entity. The Secretary may increase the
amount of a prize after an initial announcement is made under
subsection (b)(2) if--
(1) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(2) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by the
administering entity.
(f) Sunset.--The authority to announce prize competitions under
this Act shall terminate on September 30, 2018.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in technologies, components, or systems
related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria, which shall include minimal carbon
emissions and which may include cost criteria designed to
facilitate the eventual market success of a winning technology.
(b) Awards.--
(1) Advancements.--To the extent permitted under section
3(e), the prizes authorized under subsection (a)(1) shall be
awarded biennially to the most significant advance made in each
of the four subcategories described in subparagraphs (A)
through (D) of subsection (a)(1) since the submission deadline
of the previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is significant
enough to merit an award. No one such prize may exceed
$1,000,000. If less than $4,000,000 is available for a prize
competition under subsection (a)(1), the Secretary may omit one
or more subcategories, reduce the amount of the prizes, or not
hold a prize competition.
(2) Prototypes.--To the extent permitted under section
3(e), prizes authorized under subsection (a)(2) shall be
awarded biennially in alternate years from the prizes
authorized under subsection (a)(1). The Secretary is authorized
to award up to one prize in this category in each 2-year
period. No such prize may exceed $4,000,000. If no registered
participants meet the objective performance criteria
established pursuant to subsection (c) for a competition under
this paragraph, the Secretary shall not award a prize.
(3) Transformational technologies.--To the extent permitted
under section 3(e), the Secretary shall announce one prize
competition authorized under subsection (a)(3) as soon after
the date of enactment of this Act as is practicable. A prize
offered under this paragraph shall be not less than
$10,000,000, paid to the winner in a lump sum, and an
additional amount paid to the winner as a match for each dollar
of private funding raised by the winner for the hydrogen
technology beginning on the date the winner was named. The
match shall be provided for 3 years after the date the prize
winner is named or until the full amount of the prize has been
paid out, whichever occurs first. A prize winner may elect to
have the match amount paid to another entity that is continuing
the development of the winning technology. The Secretary shall
announce the rules for receiving the match in the notice
required by section 3(b)(2). The Secretary shall award a prize
under this paragraph only when a registered participant has met
the objective criteria established for the prize pursuant to
subsection (c) and announced pursuant to section 3(b)(2). Not
more than $10,000,000 in Federal funds may be used for the
prize award under this paragraph. The administering entity
shall seek to raise $40,000,000 toward the matching award under
this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary--
(1) shall consult with the Department's Hydrogen Technical
and Fuel Cell Advisory Committee;
(2) shall consult with other Federal agencies, including
the National Science Foundation; and
(3) may consult with other experts such as private
organizations, including professional societies, industry
associations, and the National Academy of Sciences and the
National Academy of Engineering.
(d) Judges.--For each prize competition, the Secretary in
consultation with the administering entity shall assemble a panel of
qualified judges to select the winner or winners on the basis of the
criteria established under subsection (c). Judges for each prize
competition shall include individuals from outside the Department,
including from the private sector. A judge, spouse, minor children, and
members of the judge's household may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is a
registered participant in the prize competition for which he or
she will serve as a judge; or
(2) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of a
national laboratory acting within the scope of his employment.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding
a prize under this Act, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the participation
by a registered participant in a competition authorized by this Act.
This section shall not be construed to prevent the Federal Government
from negotiating a license for the use of intellectual property
developed for a prize competition under this Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--The Secretary may require registered
participants to waive claims against the Federal Government and the
administering entity (except claims for willful misconduct) for any
injury, death, damage, or loss of property, revenue, or profits arising
from the registered participants' participation in a competition under
this Act. The Secretary shall give notice of any waiver required under
this subsection in the notice required by section 3(b)(2). The
Secretary may not require a registered participant to waive claims
against the administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered participant's
trade secrets or confidential business information.
(b) Liability Insurance.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under paragraph (1)(A),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims for
damages arising from or related to competition activities.
SEC. 8. REPORT TO CONGRESS.
Not later than 60 days after the awarding of the first prize under
this Act, and annually thereafter, the Secretary shall transmit to the
Congress a report that--
(1) identifies each award recipient;
(2) describes the technologies developed by each award
recipient; and
(3) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2008 through
2017 for carrying out this Act--
(A) $20,000,000 for awards described in section
(4)(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for each of fiscal years 2008 and 2009 $2,000,000
for the administrative costs of carrying out this Act.
(b) Carryover of Funds.--Funds appropriated for prize awards under
this Act shall remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the expiration
of 10 fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this Act permits obligation or
payment of funds in violation of section 1341 of title 31 of the United
States Code (commonly referred to as the Anti-Deficiency Act).
SEC. 10. NONSUBSTITUTION.
The programs created under this Act shall not be considered a
substitute for Federal research and development programs.
Passed the House of Representatives June 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | H-Prize Act of 2007 - (Sec. 3) Directs the Secretary of Energy to: (1) award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies; and (2) enter into an agreement with a private, nonprofit entity to administer the prize competitions.
Authorizes the Secretary to use appropriated funds for the cash prize program, including certain funds from other federal agencies.
(Sec. 4) Designates prize-eligible categories, including: (1) advancements in certain hydrogen technologies, components, or systems related to hydrogen production, storage, distribution, and utilization; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology.
Requires the Secretary to consult with designated agencies when establishing criteria for such awards.
(Sec. 6) Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. States that this Act shall not be construed to prevent the federal government from negotiating a license for the use of intellectual property developed for a prize competition under this Act.
(Sec. 7) Authorizes the Secretary to require registered participants in the awards program to waive claims against the federal government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the participants' participation in a competition under this Act. Prohibits the Secretary, however, from requiring a registered participant to waive claims against the administering entity arising out of any unauthorized use or disclosure by the entity of the registered participant's trade secrets or confidential business information.
Sets forth liability insurance or alternative financial responsibility requirements for registered participants with regard to third party or federal government claims against them.
(Sec. 8) Instructs the Secretary to report to Congress regarding: (1) identification of the award recipient; (2) description of the technologies developed by each award recipient; and (3) specific actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this Act.
(Sec. 9) Authorizes appropriations for FY2008-FY2017. | {"src": "billsum_train", "title": "To authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy."} | 2,879 | 558 | 0.663951 | 2.286971 | 0.782638 | 5.820158 | 5.470356 | 0.950593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Quarter Dollar Coin Act
of 2008''.
TITLE I--CIVIL RIGHTS QUARTER DOLLARS
SEC. 101. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEMATIC OF
PROMINENT CIVIL RIGHTS LEADERS AND CIVIL RIGHTS EFFORTS
IN AMERICA.
Section 5112 of title 31, United States Code, is amended--
(1) by redesignating subsection (r) (as added by section
622 of the Financial Services and General Government
Appropriations Act, 2008 (Public Law 110-161) as subsection
(s); and
(2) by adding at the end the following new subsection:
``(t) Redesign and Issuance of Quarter Dollars Emblematic of
Prominent Civil Rights Leaders and Civil Rights Efforts in America.--
``(1) Redesign beginning upon completion of prior
program.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2),
quarter dollars issued after the end of the program
established under subsection (s) shall have designs on
the reverse selected in accordance with this subsection
which are emblematic of prominent civil rights leaders
and important events that have advanced civil rights in
America.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
referred to in subparagraph (A) in which--
``(i) the inscription described in the
second sentence of subsection (d)(1) appears on
the reverse side of any such quarter dollars;
and
``(ii) any inscription described in the
third sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Selection of civil rights leaders and events and
design.--The designs selected for the reverse of the coins
described under this subsection--
``(A) Civil rights leaders and events.--
``(i) In general.--The selection of
prominent civil rights leaders and events that
have advanced civil rights in America to be
honored with a coin under this subsection shall
be chosen by the Secretary after consultation
with the Congressional Black Caucus, the
Congressional Hispanic Caucus, and the
Congressional Asian Pacific American Caucus.
``(ii) Coins may depict individuals and
events such as--
``(I) Martin Luther King, Jr.;
``(II) Harriet Tubman and the
Underground Railroad;
``(III) The Little Rock Nine;
``(IV) Rosa Parks;
``(V) Cesar Chavez;
``(VI) Antonia Pantoja;
``(VII) Dionisio (Dennis) Chavez;
``(VIII) Patsy Mink;
``(IX) Philip Vera Cruz; and
``(X) Thurgood Marshall.
``(iii) No portrait of a living individual
shall be selected for a coin under this
subsection.
``(iv) 40 civil rights leaders and events
shall be selected to be commemorated with coins
under this subsection.
``(v) The selection process under clause
(i) for--
``(I) the first 32 coin designs
shall be completed before the end of
the 2-year period beginning on the date
of the enactment of the Civil Rights
Quarter Dollar Coin Act of 2008; and
``(II) the remaining coin designs
shall be completed before the end of
the 2-year period beginning on the date
the first coin is issued that bears the
first design selected under this
subsection.
``(B) Design.--Each of the designs required under
this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the Congressional Black
Caucus, the Congressional Hispanic
Caucus, and the Congressional Asian
Pacific American Caucus;
``(II) the Secretary of the
Interior; and
``(III) the Commission of Fine
Arts;
``(ii) reviewed by the Citizens Coinage
Advisory Committee; and
``(iii) in the case of a design depicting
the contribution of an individual civil rights
leader, shall not depict the individual in a
size such that the coin could be considered to
be a `2-headed' coin.
``(3) Issuance of coins.--
``(A) Rate of issuance.--The quarter dollar coins
bearing designs of civil rights leaders and events
under this subsection shall be issued at the rate of 5
new designs during each year of the period of issuance
under this subsection.
``(B) Number of each of 5 coin designs in each
year.--Of the quarter dollar coins issued during each
year of the period of issuance, the Secretary of the
Treasury shall prescribe, on the basis of such factors
as the Secretary determines to be appropriate, the
number of quarter dollars which shall be issued with
each of the designs selected for such year.
``(C) Duration.--Subject to paragraph (2), the
program established under this subsection shall
continue in effect until a each of the selected civil
rights leaders and events have been honored with a
coin.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (3) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(3) as the Secretary determines to be appropriate, with
a content of 90 percent silver and 10 percent copper.
``(6) Designs after end of program.--Upon the completion of
the coin program under this subsection, the design on--
``(A) the obverse of the quarter dollar shall
revert to the same design containing an image of
President Washington in effect for the quarter dollar
before the institution of the 50-State quarter dollar
program; and
``(B) notwithstanding the fourth sentence of
subsection (d)(1), the reverse of the quarter dollar
shall contain an image of General Washington crossing
the Delaware River prior to the Battle of Trenton.''.
TITLE II--BULLION INVESTMENT PRODUCTS
SEC. 201. SILVER BULLION COIN.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (t) (as added by title I of this Act) the
following new subsection:
``(u) Silver Bullion Investment Product.--
``(1) In general.--The Secretary shall strike and make
available for sale such number of bullion coins as the
Secretary determines to be appropriate that are exact
duplicates of the quarter dollars issued under subsection (t),
each of which shall--
``(A) have a diameter of 3.0 inches and weigh 5.0
ounces;
``(B) contain .999 fine silver;
``(C) have incused into the edge the fineness and
weight of the bullion coin;
``(D) bear an inscription of the denomination of
such coin, which shall be `Quarter Dollar'; and
``(E) not be minted or issued by the United States
Mint as so-called `fractional' bullion coins or in any
size other than the size described in paragraph (A).
``(2) Availability for sale.--Bullion coins minted under
paragraph (1)--
``(A) shall become available for sale no sooner
than the first day of the calendar year in which the
circulating quarter dollar of which such bullion coin
is a duplicate is issued; and
``(B) may only be available for sale during the
year in which such circulating quarter dollar is
issued.''. | Civil Rights Quarter Dollar Coin Act of 2008 - Requires quarter dollars to have designs on the reverse emblematic of prominent civil rights leaders and important events that have advanced civil rights in America.
Instructs the Secretary of the Treasury to select such leaders and events. Requires five coin designs in each year of the period of issuance.
Instructs the Secretary to strike and make available for sale silver bullion coins that are exact duplicates of such quarter dollars. | {"src": "billsum_train", "title": "To provide for a program for circulating quarter dollar coins that are emblematic of prominent civil rights leaders and important events that have advanced civil rights in America."} | 1,822 | 100 | 0.632212 | 1.506234 | 0.721018 | 3.788235 | 19.458824 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Environmental Self-
Evaluation Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Federal agency.--The term ``Federal agency'' means any
agency (as defined in section 551 of title 5, United States
Code) and any agency or instrumentality of an Indian tribe,
with authority to administer or enforce any environmental law.
(2) State agency.--The term ``State agency'' means any
agency or instrumentality of the executive branch of a State or
local government with authority to administer or enforce any
environmental law. The term also includes any agency or
instrumentality of 2 or more States or local governments,
whether or not the localities are in different States.
(3) Environmental law.--The term ``environmental law''
means--
(A) each of the following Federal laws--
(i) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(ii) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iv) the Safe Drinking Water Act (title XIV
of the Public Health Service Act; 42 U.S.C.
300f and following);
(v) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(vi) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(vii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(viii) the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.);
(ix) the Oil Pollution Act of 1980 (33
U.S.C. 2701 et seq.);
(x) the Noise Control Act of 1982 (42
U.S.C. 4901 et seq.);
(xi) the Pollution Prevention Act of 1990
(42 U.S.C. 13101 et seq.);
(xii) the Endangered Species Act (16 U.S.C.
1531 et seq.);
(xiii) the Surface Mining Control and
Reclamation Act (30 U.S.C. 1201);
(xiv) the Rivers and Harbors Act (33 U.S.C.
401-465);
(xv) the Hazardous Materials Transportation
Act (49 U.S.C. 1801-1813); and
(xvi) any other statute enacted after the
effective date of this Act that addresses the
same or similar subject matter; and
(B) any legal requirement in effect in a State
under a program delegated to the State under a law
listed in subparagraph (A) or which the State is
authorized to operate in lieu of a Federal program
under a law listed in subparagraph (A).
Such term includes any regulation or other requirement issued
under a law in subparagraph (A) or (B) and the terms and
conditions of any permit issued under any such law.
(4) Voluntary environmental self-evaluation.--The term
``voluntary environmental self-evaluation'' means a periodic
and objective review or investigation by an entity of such
entity's facility operations and practices related to meeting
environmental requirements.
(5) Environmental compliance management system.--The term
``environmental compliance management system'' means an
entity's systematic efforts (other than a voluntary
environmental self-evaluation), appropriate to the size and
nature of its business, to prevent, detect, and correct
violations through all of the following:
(A) Compliance policies, standards, and procedures
that identify how employees and agents are to meet the
requirements of laws, regulations, permits, and other
sources of authority for environmental requirements.
(B) Assignment of overall responsibility for
overseeing compliance with policies, standards,
procedures, and assignment of specific responsibility
for assuring compliance at each facility or operation.
(C) Mechanisms for systematically assuring that
compliance policies, standards, and procedures are
being carried out, including monitoring systems
reasonably designed to detect and correct violations,
and a means for employees or agents to report
violations of environmental requirements without fear
of retaliation.
(D) Efforts to communicate effectively the entity's
standards and procedures to all employees and other
agents.
(E) Appropriate incentives to managers and
employees to perform in accordance with the compliance
policies, standards, and procedures, including
consistent enforcement through appropriate disciplinary
mechanisms.
(F) Procedures for the prompt and appropriate
correction of any violations, and any necessary
modifications to the entity's program to prevent future
violations.
(6) Voluntary environmental self-evaluation report.--(A)
The term ``voluntary environmental self-evaluation report''
means documents prepared as a result of a voluntary
environmental self-evaluation. An environmental self-evaluation
report shall include any field notes, drafts, memoranda,
drawings, photographs, computer software or stored information
or electronically recorded information, maps, charts, graphs,
surveys, analyses (including laboratory results, instrument
readings, and field analyses), or any other information
pertaining to observations, findings, opinions, suggestions, or
conclusions, if such supporting information is collected or
developed for the primary purpose and in the course of the
self-evaluation.
(B) The report may include, but is neither limited to nor
required to contain, the following general component parts:
(i) A document prepared by the auditor or
evaluator, which may describe the scope of the
evaluation, the information learned, conclusions and
recommendations, and exhibits and appendices.
(ii) An analysis of a portion or all of the self-
evaluation or issues arising therefrom.
(iii) An implementation plan or tracking system
that addresses actions taken or to be taken by the
entity as a result of the self-evaluation.
(7) Civil proceedings.--The term ``civil proceeding''
includes any administrative or civil judicial proceeding,
including those for suspension, or listing.
(8) Entity.--The term ``entity'' means any partnership,
association, or corporation regulated under an environmental
law, including any officer, agent, or employee thereof.
(9) Person.--The term ``person'' includes an individual,
corporation, partnership, association, State, municipality,
political subdivision of a State and the United States, as well
as any agency, instrumentality, officer, agent, or employee
thereof.
(10) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and includes the Commonwealth of
the Northern Mariana Islands.
SEC. 3. NONDISCLOSURE PRIVILEGE.
(a) In General.--No information contained in any voluntary
environmental self-evaluation report, and no testimony relating to a
voluntary environmental self-evaluation shall be admissible evidence in
any Federal or State administrative or judicial proceeding under any
environmental law or subject to discovery in any such proceeding,
except as otherwise provided in this section.
(b) Information Not Subject to Privilege.--The privilege under
subsection (a) shall not apply to--
(1) any information required to be developed, maintained,
or reported pursuant to any environmental law; or
(2) information with respect to an entity's specific
intentional or willful violation of an environmental law.
(c) Waiver.--Any entity entitled to a privilege of nondisclosure
under subsection (a) may waive such privilege by means of an express
written statement specifically describing the information to which such
waiver applies. No disclosure of information pursuant to a
confidentiality agreement in a business or financial transaction shall
be considered to be an express written statement waiving the privileges
under this section.
(d) In Camera Hearing.--Whenever any person seeks to obtain any
information described in subsection (a) from any other entity for use
in any administrative or judicial proceeding, if such other entity
refuses to disclose the information on the basis of a privilege under
subsection (a), the person seeking disclosure may request an
administrative law judge (in the case of an administrative proceeding)
or the court (in the case of any civil or criminal proceeding) to
convene an in camera proceeding to determine the application of the
privilege. The administrative law judge or the court shall initiate
such a proceeding and require disclosure of such information to the
court under seal for purposes of making such determination. In any such
hearing, the entity asserting the privilege shall have the burden of
asserting a prima facie basis for the privilege and the person seeking
disclosure shall have the burden of persuasion that the privilege
should not apply.
(e) Civil Proceedings.--The privilege under subsection (a) shall
not apply in any civil proceeding if the administrative law judge (in
the case of an administrative proceeding) or the court (in the case of
a judicial proceeding) determines, in an in camera proceeding under
subsection (d), that--
(1) the report, finding, opinion, or other document or
communication or testimony indicates noncompliance with an
environmental law by such entity, and such entity failed to
initiate efforts to achieve compliance with the law within a
reasonable period of time in a manner consistent with
applicable provisions of law;
(2) such entity is asserting the applicability of the
privilege under this section for a fraudulent purpose; or
(3) the report was prepared for the purpose of avoiding
disclosure of information required for a then pending or
imminent specific investigative, administrative, or judicial
proceeding of which the entity had actual or constructive
knowledge.
Whenever an administrative law judge or a court has ruled under this
subsection that on the applicability of the privilege to any report,
finding, opinion, or other document or communication or testimony of
any entity, such entity or such person, as the case may be, may appeal
such ruling to the appropriate United States district court (in the
case of an administrative law judge) or to the appropriate court of
appeals (in the case of a ruling by a court) and such court shall
review such ruling and issue a decision on the appeal within 30 days
after the filing of the appeal.
(f) Criminal Proceedings.--The privilege under subsection (a) shall
not apply in any criminal proceeding brought by a Federal or State
agency if the court, in an in camera hearing, makes any determination
referred to in subsection (e). A law enforcement official, having
probable cause (based upon information obtained from a source
independent of a voluntary environmental self-evaluation report) to
believe that a criminal offense has been committed under any of the
covered environmental laws and that the report constitutes evidence of
such offense, may obtain the report pursuant to a lawful search and
seizure. However, upon taking possession of the report, the law
enforcement official shall immediately place it under seal and shall
not review, disclose or otherwise use the contents of the report in any
way, unless the person or entity for whom the report was prepared
expressly waives its protected status pursuant to subsection (c) or the
court determines that the report is subject to disclosure in an in
camera hearing under subsection (d). During any such hearing, the court
shall permit the agency to review, but not to disclose or use the
information for purposes of any investigation or proceeding.
SEC. 4. IMMUNITY FOR CERTAIN VOLUNTARY DISCLOSURES.
(a) In General.--Whenever any entity has disclosed to the Federal
or State agency administering any environmental law information
relating to the violation by such entity of such environmental law as a
result of a voluntary environmental self-evaluation performed by such
entity or an environmental compliance management system used by such
entity, such entity shall be immune from prosecution in any Federal or
State administrative, civil, or criminal proceeding regarding such
violation (other than a criminal proceeding for conduct involving
specific intent to violate the law), and the information disclosed
shall not be admissible in any court or administrative proceeding, if--
(1) such entity (or officer, employee, or agent) ensures
that the disclosure is made promptly after receiving knowledge
of the information;
(2) such entity (or officer, employee, or agent) initiates
efforts to achieve compliance in a manner consistent with
applicable provisions of law of which the entity had actual
constructive knowledge;
(3) such entity (or officer, employee, or agent) is not
asserting the applicability of the immunity under this section
for a fraudulent purpose;
(4) such information is not disclosed for the purpose of
avoiding penalties in an investigative, administrative, or
judicial proceeding that, at the time of disclosure, was
imminent or in progress; and
(5) such entity (or officer, employee, or agent) discloses
such other information relating to the violation as the agency
concerned reasonably requests, other than information subject
to a nondisclosure privilege under section 3 or under any other
authority of law.
(b) Exclusions.--The immunity under subsection (a) shall not apply
to an entity if the violation concerned is part of a pattern of
significant violations (counting any multiday occurrence stemming from
the same cause as a single violation) that has occurred within the past
3 years at the same facility or at different facilities under the
common control of an entity whose senior management had actual
knowledge of the violations and failed to take timely corrective
action. For purposes of this section, a violation is any violation of
an environmental law identified in a judicial or administrative order,
consent agreement or order, conviction, or plea agreement.
(c) Procedure.--
(1) Presumption.--Whenever an entity voluntarily discloses
to a Federal or State agency information relating to the
violation by such entity of an environmental law, if such
information was obtained as a result of a voluntary
environmental self-evaluation, or from an environmental
compliance management system, the entity shall be presumed to
be entitled to immunity under this section with respect to such
violation if the entity provides information supporting a claim
that the entity is qualified for such immunity at the time the
entity makes the disclosure. Such presumption shall be
conclusive unless challenged by the agency within 60 days of
the disclosure.
(2) Judicial determination.--An entity may request the
appropriate United States district court for a determination
regarding whether or not the immunity under subsection (a) is
applicable to such entity with respect to any violation.
SEC. 5. SAVINGS CLAUSE.
(a) Authority To Issue Certain Orders.--Nothing in this Act shall
be construed to affect the authority of a Federal or State agency
responsible for administering an environmental law to issue a cease and
desist order or to seek a temporary restraining order or injunction for
any violation of an environmental law.
(b) State Privileges and Immunities.--Nothing in this Act shall be
construed to limit any privilege against disclosure in effect under
State law. Nothing in this Act shall be construed to limit any immunity
available to any person under State law.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect with respect to civil and criminal
proceedings commenced after the enactment of this Act. | Voluntary Environmental Self-Evaluation Act - Provides that information contained in, and testimony relating to, voluntary environmental self-evaluations shall not be admissible evidence or subject to discovery in Federal or State administrative or judicial proceedings under Federal environmental laws. Authorizes waivers of such privilege by the entity concerned.
Permits persons seeking disclosure of such information, in cases where an entity invokes the nondisclosure privilege, to request an administrative law judge or the court, as appropriate, to convene an in camera proceeding to determine applicability of the privilege. Makes the privilege inapplicable in civil proceedings if an administrative law judge or the court determines that: (1) the document or testimony indicates non-compliance with an environmental law by such entity and the entity failed to achieve compliance within a reasonable time period; (2) such entity is asserting the privilege for a fraudulent purpose; or (3) the report was prepared for purposes of avoiding disclosure of information required for a pending or imminent investigative, administrative, or judicial proceeding of which the entity had knowledge. Provides for appeals of such determinations.
Makes the nondisclosure privilege inapplicable in criminal proceedings brought by Federal or State agencies if the court makes any of the determinations described above for civil proceedings. Authorizes seizures of reports believed to constitute evidence of criminal offenses but limits use of the information to review by such agencies until the court determines it subject to disclosure.
Provides immunity from Federal or State prosecution to entities making voluntary disclosures of violations of environmental laws as a result of making self-evaluations or using environmental management systems and makes such disclosures inadmissible in courts or administrative proceedings if the entity: (1) meets certain conditions regarding promptness of disclosure, efforts to achieve compliance, and availability of information; and (2) is not disclosing information for fraudulent purposes or to avoid penalties. Makes immunity inapplicable if the violation concerned is part of a pattern of significant violations that has occurred within the past three years in cases where the senior management had knowledge and failed to take corrective action. | {"src": "billsum_train", "title": "Voluntary Environmental Self-Evaluation Act"} | 3,386 | 450 | 0.333633 | 1.11502 | 0.678498 | 2.938462 | 7.958974 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Human Rights and Democracy
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing December 19, 1984 (in this Act
referred to as the ``Joint Declaration'')--
(A) provided that the People's Republic of China
resumed sovereignty over Hong Kong on July 1, 1997; and
(B) established a ``high degree of autonomy'' for
Hong Kong except in matters of foreign affairs and
defense.
(2) The Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China (in this Act referred
to as ``Basic Law'')--
(A) guarantees Hong Kong a ``high degree of
autonomy'' and separate executive, legislative, and
independent judicial powers;
(B) generally prohibits the central Government of
the People's Republic of China from interfering in the
affairs that Hong Kong administers on its own according
to the Basic Law;
(C) protects the rights to free speech, press,
assembly, and religion;
(D) provides that the socialist system and policies
shall not be practiced in Hong Kong and that Hong
Kong's capitalist system and way of life shall remain
unchanged for 50 years (the principle of ``one country,
two systems'');
(E) affirms the continuing applicability of the
International Covenant on Civil and Political Rights to
Hong Kong;
(F) provides that the head of the Hong Kong Special
Administrative Region shall be the Chief Executive;
(G) provides that ``the ultimate aim is the
selection of the Chief Executive by universal suffrage
upon nomination by a broadly representative nominating
committee in accordance with democratic procedures'';
(H) provides that the legislature of the Hong Kong
Special Administrative Region shall be the Legislative
Council; and
(I) provides that ``the ultimate aim is the
election of all the members of the Legislative Council
by universal suffrage''.
(3) The National People's Congress Standing Committee
(NPCSC) determined on December 29, 2007, that Hong Kong could
elect the Chief Executive by universal suffrage beginning in
2017, and that Hong Kong could thereafter elect the Legislative
Council by universal suffrage beginning in 2020.
(4) The Chief Executive is currently selected by an
Election Committee consisting of 1,200 members. In order to
run, candidates for Chief Executive must currently receive the
support of one-eighth of the members of the Election Committee,
the majority of whom reportedly support or have ties to the
Chinese Communist Party.
(5) On August 31, 2014, the NPCSC determined that the 2017
election for the Chief Executive could be held by universal
suffrage but that Hong Kong voters could only choose from two
to three candidates, each of whom is to be chosen by a majority
of a nominating committee similar to the current Election
Committee that is heavily controlled by pro-Beijing members.
(6) International standards for elections, including
Article 21 of the Universal Declaration of Human Rights and
Article 25 of the International Covenant on Civil and Political
Rights, guarantee citizens the right to vote and to be elected
in genuine periodic elections by universal and equal suffrage
without unreasonable restrictions.
(7) Hundreds of thousands of Hong Kong residents have
consistently and peacefully expressed their dissatisfaction
with the electoral reform plans of the Hong Kong government and
the Government of the People's Republic of China, including the
August 2014 NPCSC decision, and have called for a genuine
choice in elections that meet international standards. Their
peaceful and orderly protests have set an example for other
democratic movements around the world, including those in
mainland China who continue to fight for their fundamental
freedoms.
(8) Media reports indicate that Hong Kong police used tear
gas and pepper spray against demonstrators on September 28,
2014, and that police allegedly failed to adequately protect
demonstrators from mobs of counter-protestors, some of whom had
affiliations with gangs known as ``triads'', who beat students
and forcibly tried to remove them from their places of protest.
There have also been several accusations of excessive use of
force by the Hong Kong Police which are under investigation.
(9) The United States enjoys close economic, social, and
cultural ties with Hong Kong. According to the Department of
State, 60,000 United States citizens live in Hong Kong, and
1,400 United States businesses have offices there. According to
the Office of the United States Trade Representative, Hong Kong
is the United States 18th largest trade partner and 9th largest
goods export market.
(10) Hong Kong's unique status as an international finance
center where the rule of law and the rights and freedoms of its
citizens are protected has served as the foundation for Hong
Kong's stability and prosperity.
(11) Section 301 of the Hong Kong Policy Act of 1992 (22
U.S.C. 5731) required the Secretary of State to issue reports
on conditions in Hong Kong of interest to the United States,
including the development of democratic institutions in Hong
Kong, and the last report under section 301 was issued on June
30, 2007.
(12) Failure to establish a genuine democratic option to
nominate and elect the Chief Executive of Hong Kong by 2017 and
to establish open and direct democratic elections for all
members of the Hong Kong Legislative Council by 2020 would
reduce confidence in the commitment of the Government of the
People's Republic of China to uphold its obligations under
international law, and would erode the ability of Hong Kong to
retain a high degree of autonomy.
(13) During an October 2014 session, the United Nations
Human Rights Committee, consisting of 18 independent experts,
reviewed China's compliance with the International Covenant on
Civil and Political Rights with respect to Hong Kong. According
to the session's chair, the Committee agreed on ``the need to
ensure universal suffrage, which means both the right to be
elected as well as the right to vote. The main concerns of
Committee members were focused on the right to stand for
elections without unreasonable restrictions.'' Another
Committee member said that the ``committee doesn't want
candidates filtered. The problem is that Beijing wants to vet
candidates.''.
(14) The Congressional-Executive Commission on China's 2014
Annual Report found that press freedom in Hong Kong is under
threat, including reports of ``violent attacks on individuals
associated with the press, self-censorship among journalists,
and pressure from the Hong Kong and central governments and
mainland Chinese businesses.''.
(15) The Hong Kong Journalists Association's 2014 Annual
Report noted that Hong Kong journalists rated self-censorship
at 6.9 on a 10 point scale, which the Association considered a
``low level'' of press freedom.
(16) Hong Kong ranked 61st among 180 countries in Reporters
Without Borders' 2014 World Press Freedom Index, down three
places from the previous year and a significant decline from
2002 when Hong Kong ranked 18th.
(17) By providing timely, uncensored, accurate information
in their native language, United States international broadcast
services, through the Broadcasting Board of Governors, help
those living in countries with poor human rights records, such
as China, to better defend their human rights and hold their
government accountable.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in
the United States-Hong Kong Policy Act of 1992, namely that--
(A) the United States has ``a strong interest in
the continued vitality, prosperity, and stability of
Hong Kong'';
(B) ``support for democratization is a fundamental
principle of United States foreign policy'';
(C) ``the human rights of the people of Hong Kong
are of great importance to the United States and are
directly relevant to United States interests in Hong
Kong'';
(D) human rights ``serve as a basis for Hong Kong's
continued economic prosperity''; and
(E) Hong Kong must remain sufficiently autonomous
from the People's Republic of China to justify a
different treatment under a particular law of the
United States, or any provision thereof, from that
accorded the People's Republic of China;
(2) to support the democratic aspirations of the people of
Hong Kong, as guaranteed to them by the Joint Declaration, the
Basic Law, the International Covenant on Civil and Political
Rights, and the Universal Declaration of Human Rights;
(3) to urge the Government of the People's Republic of
China to uphold its commitments to Hong Kong, including
allowing the people of Hong Kong to rule Hong Kong with a high
degree of autonomy and without undue interference, and ensuring
that Hong Kong voters freely enjoy the right to elect the Chief
Executive and all members of the Hong Kong Legislative Council
by universal suffrage;
(4) to support the establishment by 2017 of a genuine
democratic option to freely and fairly nominate and elect the
Chief Executive of Hong Kong, and the establishment by 2020 of
open and direct democratic elections for all members of the
Hong Kong Legislative Council; and
(5) to support press freedom and journalistic independence,
including the continuation of international broadcasting
programming in Cantonese that is readily accessible to
Cantonese speaking populations in China and in Hong Kong.
SEC. 4. REINSTATEMENT OF REPORTING REQUIREMENTS RELATED TO UNITED
STATES-HONG KONG RELATIONS.
Section 301 of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5731) is amended--
(1) by striking ``Not later than'' and all that follows
through ``the Secretary of State'' and inserting ``Not later
than March 31, 2015, and annually thereafter for 10 years or
until such earlier date that the Secretary of State certifies
that Hong Kong has held free and fair elections for two
consecutive Chief Executive and two consecutive Legislative
Council periods, the Secretary of State'';
(2) by striking ``Speaker of the House of Representatives''
and inserting ``chairman of the Committee on Foreign Affairs of
the House of Representatives'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(9) matters in which Hong Kong is given separate
treatment under the laws of the United States from that
accorded to the People's Republic of China and in accordance
with this Act.''.
SEC. 5. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
Title II of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5721 et seq.) is amended by inserting after section 202 the
following new section:
``SEC. 202A. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
``(a) Presidential Certification Requirement.--Hong Kong is
ineligible for treatment different from that accorded the People's
Republic of China under United States laws, agreements, or arrangements
enacted or entered into after the date of the enactment of this Act
unless the President certifies to Congress that Hong Kong is
sufficiently autonomous to justify such different treatment.
``(b) Waiver Authority.--The President may waive the application of
subsection (a) if the President--
``(1) determines that such a waiver is in the national
security interests of the United States; and
``(2) on or before the date on which the waiver takes
effect, submits to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a notice of and justification for the
waiver.''. | Hong Kong Human Rights and Democracy Act - Amends the United States-Hong Kong Policy Act of 1992 to direct the Secretary of State to report to Congress on conditions in Hong Kong that are of U.S. interest by March 31, 2015, and annually thereafter for 10 years or until the Secretary certifies that Hong Kong has held free and fair elections for 2 consecutive Chief Executive and 2 consecutive Legislative Council periods. States that it is U.S. policy to: reaffirm the principles set forth in the United States-Hong Kong Policy Act of 1992; support the democratic aspirations of the people of Hong Kong; urge China's government to uphold its commitments to Hong Kong; support the establishment by 2017 of a democratic option to nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of democratic elections for all members of the Hong Kong Legislative Council; and support freedom of the press. States that Hong Kong is ineligible for treatment different from that accorded to China under U.S. laws or agreements unless the President certifies to Congress that Hong Kong is sufficiently autonomous to justify different treatment. Authorizes the President to waive such ineligibility if waiver is in the U.S. national interest and Congress is given a justification of the waiver on or before the date it takes effect. | {"src": "billsum_train", "title": "Hong Kong Human Rights and Democracy Act"} | 2,602 | 288 | 0.546739 | 1.724609 | 0.667543 | 5.219512 | 10.101626 | 0.943089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative Leave Reform Act''.
SEC. 2. LIMITATION ON ADMINISTRATIVE LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6330. Limitation on administrative leave
``(a) In General.--During any calendar year, an employee may not be
placed on administrative leave, or any other paid non-duty status
without charge to leave, for more than 14 total days for reasons
relating to misconduct or performance. After an employee has been
placed on administrative leave for 14 days, the employing agency shall
return the employee to duty status, utilizing telework if available,
and assign the employee to duties if such employee is not a threat to
safety, the agency mission, or Government property.
``(b) Extended Administrative Leave.--
``(1) In general.--If an agency finds that an employee is a
threat to safety, the agency mission, or Government property
and upon the expiration of the 14-day period described in
subsection (a), an agency head may place the employee on
extended administrative leave for additional periods of not
more than 30 days each.
``(2) Report.--For any additional period of 30 days granted
to the employee after the initial 30-day extension, the agency
head shall submit to the Committee on Oversight and Government
Reform in the House of Representatives, the agency's
authorizing committees of jurisdiction of the House of
Representatives and the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report, not
later than 5 business days after granting the additional
period, containing--
``(A) title, position, office or agency
subcomponent, job series, pay grade, and salary of the
employee on administrative leave;
``(B) a description of the work duties of the
employee;
``(C) the reason the employee is on administrative
leave;
``(D) an explanation as to why the employee is a
threat to safety, the agency mission, or Government
property;
``(E) an explanation as to why the employee is not
able to telework or be reassigned to another position
within the agency;
``(F) in the case of a pending related
investigation of the employee--
``(i) the status of such investigation; and
``(ii) the certification described in
subsection (c)(1); and
``(G) in the case of a completed related
investigation of the employee--
``(i) the results of such investigation;
and
``(ii) the reason that the employee remains
on administrative leave.
``(c) Extension Pending Related Investigation.--
``(1) In general.--If an employee is under a related
investigation by an investigative entity at the time an
additional period described under subsection (b)(2) is granted
and, in the opinion of the investigative entity, additional
time is needed to complete the investigation, such entity shall
certify to the applicable agency that such additional time is
needed and include in the certification an estimate of the
length of such additional time.
``(2) Limitation.--The head of an agency may not grant an
additional period of administrative leave described under
subsection (b)(2) to an employee on or after the date that is
30 days after the completion of a related investigation by an
investigative entity.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Investigative entity.--The term `investigative
entity' means an internal investigative unit of the agency
granting administrative leave, the Office of Inspector General,
the Office of the Attorney General, or the Office of Special
Counsel.
``(2) Related investigation.--The term `related
investigation' means an investigation that pertains to the
underlying reasons an employee was placed on administrative
leave.''.
(b) Effective Date.--The amendment made by subsection (a) shall
begin to apply 90 days after the date of enactment of this Act.
(c) Rules of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to--
(1) supersede the provisions of chapter 75 of title 5,
United States Code; or
(2) limit the number of days that an employee may be placed
on administrative leave, or any other paid non-duty status
without charge to leave, for reasons unrelated to misconduct or
performance.
(d) Clerical Amendment.--The table of sections for subchapter II of
chapter 63 of title 5, United States Code, is amended by adding after
the item relating to section 6329 the following new item:
``6330. Limitation on administrative leave.''.
Passed the House of Representatives April 26, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Administrative Leave Reform Act (Sec. 2) This bill prohibits placing a federal employee on administrative leave, or any other paid non-duty status without charge to leave, for more than 14 total days for reasons relating to misconduct or performance. After an employee has been placed on administrative leave for 14 days, the employing agency: (1) shall return the employee to duty status, utilizing telework if available, and assign the employee to duties if such employee is not a threat to safety, the agency mission, or government property; or (2) may place an employee who is found to be such a threat on extended administrative leave for additional periods of not more than 30 days each. For any additional period of 30 days granted to the employee after the initial 30-day extension, the agency shall submit a report containing: the title, position, office or agency subcomponent, job series, pay grade, and salary of the employee; a description of the employee's work duties; the reason for the administrative leave; an explanation as to why the employee is such a threat; an explanation as to why the employee is not able to telework or be reassigned to another position within the agency; the status of any pending related investigation and a certification that such additional time is needed; and the results of a completed investigation and the reason that the employee remains on administrative leave. An investigative entity must certify to the applicable agency that such additional time is needed and include an estimate of the length of such additional time. An agency may not grant such additional period of administrative leave to an employee on or after 30 days following the completion of a related investigation. | {"src": "billsum_train", "title": "Administrative Leave Reform Act"} | 1,077 | 350 | 0.81618 | 2.482432 | 0.929301 | 6.577982 | 3.11315 | 0.963303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Act of 2015''.
SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.
(a) Monitoring Protocols.--Section 406(a)(1)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by
striking ``methods for monitoring'' and inserting ``protocols for
monitoring that are most likely to detect pathogenic contamination''.
(b) Source Tracking.--Section 406(b) of such Act (33 U.S.C.
1346(b)) is amended by adding at the end the following:
``(5) Contents of monitoring and notification programs.--
For the purposes of this section, a program for monitoring,
assessment, and notification shall include, consistent with
performance criteria published by the Administrator under
subsection (a), monitoring, public notification, storm event
testing, source tracking, and sanitary surveys, and may include
prevention efforts, not already funded under this Act to
address identified sources of contamination by pathogens and
pathogen indicators in coastal recreation waters adjacent to
beaches or similar points of access that are used by the
public.''.
(c) Authorization of Appropriations.--Section 406(i) of such Act
(33 U.S.C. 1346(i)) is amended by striking ``2001 through 2005'' and
inserting ``2016 through 2020''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (Public Law 106-284) is amended by striking ``2005''
and inserting ``2018''.
SEC. 4. STATE REPORTS.
Section 406(b)(3)(A)(ii)) of the Federal Water Pollution Control
Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended by striking ``public'' and
inserting ``public and all environmental agencies of the State with
authority to prevent or treat sources of pathogenic contamination in
coastal recreation waters''.
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs.--Section
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1346(c)(4)(A)) is amended by striking ``methods'' and inserting
``methods, including a rapid testing method after the last day of the
one-year period after the date of validation of that rapid testing
method by the Administrator,''.
(b) Revised Criteria.--Section 304(a)(9)(A) of such Act (33 U.S.C.
1314(a)(9)(A)) is amended by striking ``methods, as appropriate'' and
inserting ``methods, including rapid testing methods''.
(c) Validation and Use of Rapid Testing Methods.--
(1) Validation of rapid testing methods.--Not later than 6
months after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency (in this
Act referred to as the ``Administrator'') shall complete an
evaluation and validation of a rapid testing method for the
water quality criteria and standards for pathogens and pathogen
indicators described in section 304(a)(9)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1314(a)(9)(A)).
(2) Guidance for use of rapid testing methods.--
(A) In general.--Not later than 180 days after
completion of the validation under paragraph (1), after
providing notice and an opportunity for public comment,
the Administrator shall publish guidance for the use at
coastal recreation waters adjacent to beaches or
similar points of access that are used by the public of
a rapid testing method that will enhance the protection
of public health and safety through rapid public
notification of any exceedance of applicable water
quality standards for pathogens and pathogen
indicators.
(B) Prioritization.--In developing such guidance,
the Administrator shall require the use of a rapid
testing method at those beaches or similar points of
access that are the most used by the public.
(d) Definition.--Section 502 of such Act (33 U.S.C. 1362) is
amended by adding at the end the following:
``(27) Rapid testing method.--The term `rapid testing
method' means a method of testing the water quality of coastal
recreation waters for which results are available as soon as
practicable and not more than 4 hours after receipt of the
applicable sample by the testing facility.''.
(e) Revisions to Rapid Testing Methods.--
(1) In general.--Upon completion of the validation required
under subsection (c)(1), and every 5 years thereafter, the
Administrator shall identify and review potential rapid testing
methods for existing water quality criteria for pathogens and
pathogen indicators for coastal recreation waters.
(2) Revisions to rapid testing methods.--If a rapid testing
method identified under paragraph (1) will make results
available in less time and improve the accuracy and
reproducibility of results when compared to the existing rapid
testing method, the Administrator shall complete an evaluation
and validation of the rapid testing method as expeditiously as
practicable.
(3) Reporting requirement.--Upon completion of the review
required under paragraph (1), the Administrator shall publish
in the Federal Register the results of the review, including
information on any potential rapid testing method proposed for
evaluation and validation under paragraph (2).
(4) Declaration of goals for rapid testing methods.--It is
a national goal that by 2019, a rapid testing method for
testing water quality of coastal recreation waters be developed
that can produce accurate and reproducible results in not more
than 2 hours after receipt of the applicable sample.
SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``prompt communication'' and inserting
``communication, within 2 hours of the receipt of the results
of a water quality sample,'';
(2) by striking paragraph (5)(A) and inserting the
following:
``(A) in the case of--
``(i) any State in which the Administrator
is administering the program under section 402,
the Administrator, in such form as the
Administrator determines to be appropriate; and
``(ii) any State other than a State to
which clause (i) applies, all agencies of the
State government with authority to require the
prevention or treatment of the sources of
coastal recreation water pollution; and'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(4) by inserting after paragraph (5) the following:
``(6) measures for an annual report to the Administrator,
in such form as the Administrator determines appropriate, on
the occurrence, nature, location, pollutants involved, and
extent of any exceedance of applicable water quality standards
for pathogens and pathogen indicators;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (7) (as redesignated by section (6)(3) of
this Act)--
(A) by striking ``the posting'' and inserting ``the
immediate posting''; and
(B) by striking ``and'' at the end;
(2) by striking the period at the end of paragraph (8) (as
redesignated by section 6(3) of this Act) and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) the availability of a geographic information system
database that such State or local government program shall use
to inform the public about coastal recreation waters and that--
``(A) is publicly accessible and searchable on the
Internet;
``(B) is organized by beach or similar point of
access;
``(C) identifies applicable water quality
standards, monitoring protocols, sampling plans and
results, and the number and cause of coastal recreation
water closures and advisory days; and
``(D) is updated within 12 hours of the
availability of information indicating the presence of
pathogens or pathogen indicators; and
``(10) measures to ensure that closures or advisories are
made or issued within 2 hours after the receipt of the results
of a water quality sample that exceeds applicable water quality
standards for pathogens and pathogen indicators.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by moving such subparagraphs 2 ems to the right;
(3) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(4) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government and of
compliance with conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of such
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on the Internet on or
before December 31 of such calendar year.
``(3) Corrective action.--If a State or local government
that the Administrator notifies under paragraph (2) is not in
compliance with any requirement or grant condition described in
paragraph (2) fails to take such action as may be necessary to
comply with such requirement or condition within one year after
the date of notification, any grants made under subsection (b)
to the State or local government, after the last day of such
one-year period and while the State or local government is not
in compliance with all requirements and grant conditions
described in paragraph (2), shall have a Federal share of not
to exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of this
paragraph, the Comptroller General shall conduct a review of
the activities of the Administrator under paragraphs (2) and
(3) during the first and second calendar years beginning after
such date of enactment and submit to Congress a report on the
results of such review.''.
SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.
Section 304(a)(9) of the Federal Water Pollution Control Act (33
U.S.C. 1314(a)(9)) is amended by adding at the end the following:
``(C) Publication of pathogen and pathogen
indicator list.--Upon publication of the new or revised
water quality criteria under subparagraph (A), the
Administrator shall publish in the Federal Register a
list of all pathogens and pathogen indicators studied
under section 104(v).''.
SEC. 10. ADOPTION OF NEW OR REVISED CRITERIA AND STANDARDS.
Section 303(i) of the Federal Water Pollution Control Act (33
U.S.C. 1313(i)) is amended--
(1) in paragraph (1)(A), by striking ``water quality
criteria and standards'' and inserting ``the most protective
water quality criteria and standards practicable''; and
(2) in paragraph (2)(A), by striking ``paragraph (1)(A)''
each place it appears and inserting ``paragraph (1)''.
SEC. 11. NATIONAL LIST OF BEACHES.
Section 406(g) of the Federal Water Pollution Control Act (33
U.S.C. 1346(g)) is amended--
(1) in paragraph (1), by inserting ``, regardless of the
presence of a lifeguard,'' after ``that are used by the
public''; and
(2) in paragraph (3), by striking ``The Administrator'' and
all that follows through the period and inserting ``Not later
than 12 months after the date of the enactment of the Beach Act
of 2015, and biennially thereafter, the Administrator shall
update the list described in paragraph (1).''.
SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC CONTAMINATION OF
COASTAL RECREATION WATERS.
(a) Study.--The Administrator shall conduct a study on the long-
term impact of climate change on pathogenic contamination of coastal
recreation waters.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study conducted under
subsection (a).
(2) Information on potential contamination impacts.--The
report shall include information on the potential impacts of
pathogenic contamination on ground and surface water resources
as well as public and ecosystem health in coastal communities.
(3) Federal actions.--The report shall highlight necessary
Federal actions to help advance the availability of information
and tools to assess and mitigate these effects in order to
protect public and ecosystem health.
(4) Consultation.--In developing the report, the
Administrator shall work in consultation with agencies active
in the development of the National Water Quality Monitoring
Network and the implementation of the Ocean Research Priorities
Plan and Implementation Strategy.
SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL RECREATION WATERS.
(a) Study.--The Administrator shall conduct a study to review the
available scientific information pertaining to the impacts of excess
nutrients on coastal recreation waters.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the study
conducted under subsection (a).
(2) Impacts.--Such report shall include information on any
adverse impacts of excess nutrients on coastal recreation
waters, including adverse impacts caused by algal blooms
resulting from excess nutrients.
(3) Recommendations.--Such report shall include
recommendations for action to address adverse impacts of excess
nutrients and algal blooms on coastal recreation waters,
including the establishment and implementation of numeric water
quality criteria for nutrients.
(4) Consultation.--In developing such report, the
Administrator shall consult with the heads of other appropriate
Federal agencies (including the National Oceanic and
Atmospheric Administration), States, and local government
entities. | Beach Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize through FY2020 a grant program for monitoring, and notifying the public of, any pathogens in coastal recreation waters bordering public beaches. The bill reauthorizes through FY2018 the Beaches Environmental Assessment and Coastal Health Act of 2000. The bill establishes requirements with respect to: (1) using rapid testing methods to detect unsafe levels of pathogens or pathogen indicators in those waters, and (2) notifying governmental agencies when pathogens exceed water quality standards. Those methods must provide testing results within four hours of receiving a sample. Communication with governments must occur within two hours of the receipt of the results of water quality samples. The Environmental Protection Agency (EPA) must assess state and local compliance with coastal recreation water quality monitoring and notification legal requirements and grant conditions. The bill limits federal support of grants to non-compliant state or local governments. The Government Accountability Office must review the EPA's compliance assessments and corrective actions. States with coastal recreation waters must adopt the most protective water quality criteria and standards practicable for pathogens. The EPA must: (1) update the national list of beaches that are used by the public regardless of the presence of a lifeguard within 12 months and biennially thereafter (currently, periodically); (2) study the long-term impact of climate change on pathogenic contamination of coastal recreation waters; and (3) study the impacts of excess nutrients on coastal recreation waters. | {"src": "billsum_train", "title": "Beach Act of 2015"} | 3,361 | 330 | 0.551265 | 1.692536 | 0.727143 | 2.728522 | 10.171821 | 0.824742 |
s Described.--
(1) In general.--For purposes of subsection (a)(1), a joint
resolution is described in this paragraph if it is a joint
resolution of the 2 Houses of Congress and the matter after the
resolving clause of such joint resolution is as follows: ``That
the Congress calls upon the President to undertake negotiations
to amend or modify the matter relating to ____________ that is
the subject of the affirmative report submitted to the Congress
by the WTO Dispute Settlement Review Commission on ____'', the
first blank space being filled with the specific provisions of
the Uruguay Round Agreement with respect to which the President
is to undertake negotiations and the second blank space being
filled with the date that the affirmative report, which was
made under section 4(a) and which has given rise to the joint
resolution, was submitted to the Congress by the Commission
pursuant to section 4(b).
(2) Withdrawal resolution.--For purposes of subsection
(a)(2), a joint resolution is described in this paragraph if it
is a joint resolution of the 2 Houses of Congress and the
matter after the resolving clause of such joint resolution is
as follows: ``That, in light of the 3 affirmative reports
submitted to the Congress by the WTO Dispute Settlement Review
Commission during the preceding 5-year period, and the failure
to remedy the problems identified in the reports through
negotiations, it is no longer in the overall national interest
of the United States to be a member of the WTO, and accordingly
the Congress withdraws its approval, provided under section
101(a) of the Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that Act.''.
(c) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if the joint resolution is enacted in accordance with this
subsection, and--
(A) in the case of a joint resolution described in
subsection (b)(1), the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives an affirmative
report from the Commission pursuant to section 4(b)(2);
or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has submitted 3
affirmative reports pursuant to section 4(b)(2) during
a 5-year period, and the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives the third such
affirmative report.
(2) Presidential veto.--In any case in which the President
vetoes the joint resolution, the requirements of this
subsection are met if each House of Congress votes to override
that veto on or before the later of the last day of the 90-day
period referred to in subparagraph (A) or (B) of paragraph (1),
whichever is applicable, or the last day of the 15-day period
(excluding any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress receives
the veto message from the President.
(3) Introduction.--
(A) Time.--A joint resolution to which this section
applies may be introduced at any time on or after the
date on which the Commission transmits to the Congress
an affirmative report pursuant to section 4(b)(2),
and--
(i) in the case of a joint resolution
described in subsection (b)(1), before the end
of the 90-day period referred to in paragraph
(1)(A); and
(ii) in the case of a joint resolution
described in subsection (b)(2), before the end
of the 90-day period referred to in paragraph
(1)(B).
(B) Any member may introduce.--A joint resolution
described in subsection (b) may be introduced in either
House of the Congress by any Member of such House.
(4) Expedited procedures.--
(A) General rule.--Subject to the provisions of
this subsection, the provisions of subsections (b),
(d), (e), and (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to
joint resolutions described in subsection (b) to the
same extent as such provisions apply to resolutions
under such section.
(B) Report or discharge of committee.--If the
committee of either House to which a joint resolution
has been referred has not reported it by the close of the 45th day
after its introduction (excluding any day described in section 154(b)
of the Trade Act of 1974), such committee shall be automatically
discharged from further consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(C) Finance and ways and means committees.--It is
not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged under subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (B).
(D) Special rule for house.--A motion in the House
of Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(5) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section
relating to the same matter.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Adverse finding.--The term ``adverse finding'' means--
(A) in a panel or Appellate Body proceeding
initiated against the United States, a finding by the
panel or the Appellate Body that any law or regulation
of, or application thereof by, the United States, or
any State, is inconsistent with the obligations of the
United States under a Uruguay Round Agreement (or
nullifies or impairs benefits accruing to a WTO member
under such an Agreement); or
(B) in a panel or Appellate Body proceeding in
which the United States is a complaining party, any
finding by the panel or the Appellate Body that a
measure of the party complained against is not
inconsistent with that party's obligations under a
Uruguay Round Agreement (or does not nullify or impair
benefits accruing to the United States under such an
Agreement).
(2) Affirmative report.--The term ``affirmative report''
means a report described in section 4(b)(2) which contains
affirmative determinations made by the Commission under
paragraph (3) of section 4(a).
(3) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established by the Dispute Settlement Body
pursuant to Article 17.1 of the Dispute Settlement
Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body established pursuant
to the Dispute Settlement Understanding.
(5) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(6) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(7) Terms of reference.--The term ``terms of reference''
has the meaning given such term in the Dispute Settlement
Understanding.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(9) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the Agreements described in section
101(d) of the Uruguay Round Agreements Act.
(10) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(11) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994. | Requires the Commission to determine whether, with respect to an adverse finding, the panel or the Appellate Body exceeded its authority, acted arbitrarily or capriciously, deviated from applicable standards, and added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement.
Urges the President to undertake negotiations to amend or modify the Uruguay Round Agreement upon enactment of a joint resolution requesting such negotiations. | {"src": "billsum_train", "title": "WTO Dispute Settlement Review Commission Act"} | 2,076 | 99 | 0.440277 | 1.221126 | 0.703583 | 2.3 | 23.7375 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ticket Fee Disclosure Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) sellers and resellers of entertainment and sporting
event tickets often impose service charges and fees or other
additional fees and charges, in excess of the face amount of
such tickets, to consumers who purchase such tickets;
(2) consumers who desire to purchase entertainment and
sporting event tickets are entitled to full, complete, and
clear disclosure of any such additional charges or fees;
(3) the failure by sellers and resellers of entertainment
and sporting event tickets to provide full, complete, and clear
disclosure of any such additional charges or fees constitutes
an unfair and deceptive act or practice in or affecting
commerce within the meaning of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45);
(4) sellers and resellers of entertainment and sporting
event tickets should be required to disclose to potential
purchasers of such tickets the amount of any additional fees
and charges beyond the face amount of such tickets, and to have
the amount of such charges or fees imprinted on the ticket or
on a receipt evidencing any such ticket sale; and
(5) the Federal Trade Commission should conduct a study and
issue a report to the Congress concerning practices by and
relationships between persons involved in entertainment and
sporting events (such as promoters, facility owners and
operators, performers, and sellers and resellers of tickets)
and to make recommendations based on such study to achieve
better disclosure, information, access, and value for consumers
who seek to purchase entertainment or sporting event tickets.
SEC. 3. DISCLOSURE OF SERVICE CHARGES OR ADDITIONAL TICKET FEES.
It is unlawful for any seller or reseller (including any ticket
broker) of entertainment or sporting event tickets--
(1) to fail to disclose to a purchaser of an entertainment
or sporting event ticket, prior to any purchase of such ticket,
any fee, charge, or assessment (other than a tax or other levy
imposed pursuant to Federal, State, or local law) to be imposed
in excess of the face amount of the ticket, and
(2) to fail to have the amount of any such fee, charge, or
assessment imprinted on the ticket or on a receipt evidencing
any such ticket sale.
SEC. 4. ENFORCEMENT.
(a) In General.--Section 3 shall be enforced by the Federal Trade
Commission under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.). Consequently, no activity which is outside the jurisdiction of
that Act shall be affected by this Act.
(b) Actions by the Federal Trade Commission.--The Federal Trade
Commission shall prevent any person from violating section 3 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act. Any person who violates section 3 shall be
subject to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties, as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act.
(c) Treatment of Violations.--Any violation of section 3 shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices.
(d) Effect on Other Laws.--Nothing contained in this Act shall be
construed to limit the authority of the Federal Trade Commission under
any other provision of law.
SEC. 5. ACTIONS BY STATES.
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 an act or practice in violation of section 3, the
State may bring a civil action on behalf of its residents in an
appropriate district court of the United States to enjoin such act or
practice, to enforce compliance of section 3, to obtain damages,
restitution, or other compensation on behalf of residents of such
State, or to obtain such further and other relief as the court may deem
appropriate.
SEC. 6. STUDY.
(a) Study.--The Federal Trade Commission shall conduct a study of
practices of persons involved in the sale and resale of entertainment
and sporting event tickets. The study shall--
(1) include, at a minimum, an examination of relevant
practices by, and relationships between, the following persons:
promoters of entertainment and sporting events; owners and
operators of venues, arenas, stages, and other facilities where
such events are staged; artists, athletes, and other
performers; and sellers and resellers of entertainment and
sporting event tickets,
(2) identify charges, fees, or assessments imposed by such
persons that purchasers of tickets pay,
(3) include an evaluation of unique or exclusive
contractual relationships between any such persons and their
effect on consumer ticket prices and additional charges, fees,
and assessments imposed thereon,
(4) include a review of the practice of combining fees,
assessments, and other charges with the price of the ticket so
that the face amount of the ticket includes such fees,
assessments, and other charges,
(5) include an analysis of the effects on consumer ticket
prices and on additional fees, assessments, and other charges
imposed thereon of consolidations, purchases, and other
acquisitions by and between such persons, and
(6) include an examination of the extent to which
entertainment and sporting event tickets are withheld or
otherwise not provided for public sale, including an
identification of persons who withhold such tickets from public
sale, identification of persons (including ticket brokers) who
purchase or otherwise acquire tickets that are withheld from
public sale, and the effect of any such practices on the
ability of consumers to have reasonable access to tickets at
publicly available prices.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Federal Trade Commission shall submit to the
Committee on Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a written report
based on the study under subsection (a). Such report shall include
findings relating to practices that fail to provide consumers with
adequate disclosure or information concerning fees, assessments, and
other charges imposed on entertainment and sporting event tickets and
practices that lead to higher consumer prices for such tickets and
shall include recommendations to achieve better disclosure,
information, access, and value for consumers of such tickets.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(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. | Ticket Fee Disclosure Act of 1995 - Prohibits any seller or reseller (including any ticket broker) of entertainment or sporting event tickets from failing to: (1) disclose to a purchaser of such a ticket, prior to purchase, any fee, charge, or assessment (other than a tax or other levy imposed pursuant to Federal, State, or local law) to be imposed in excess of the face amount of the ticket; and (2) have the amount of any such cost imprinted on the ticket or on a receipt evidencing any such ticket sale.
Directs that such provision be enforced by the Federal Trade Commission (FTC) under the Federal Trade Commission Act (FTCA). Treats any violation of such provision as a violation of a rule under the FTCA regarding unfair or deceptive acts or practices.
Authorizes State attorneys general to bring civil actions on behalf of their residents whenever they believe that the interests of such residents have been or are being threatened or adversely affected because of an act or practice in violation of such provision.
Requires the FTC to study, and report to specified congressional committees on, the practices of persons involved in the sale and resale of entertainment and sporting event tickets. | {"src": "billsum_train", "title": "Ticket Fee Disclosure Act of 1995"} | 1,520 | 267 | 0.683344 | 2.020424 | 0.858264 | 5.790598 | 6.316239 | 0.918803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Serving Institutions for
Advanced Technology and Education Act''.
SEC. 2. PURPOSES.
The purposes of the program under this Act are to--
(1) strengthen the ability of eligible institutions to
provide capacity for instruction in digital and wireless
network technologies; and
(2) strengthen the national digital and wireless
infrastructure by increasing national investment in
telecommunications and technology infrastructure at eligible
institutions.
SEC. 3. DEFINITION OF ELIGIBLE INSTITUTION.
In this Act, the term ``eligible institution'' means an institution
that is--
(1) a historically Black college or university that is a
part B institution, as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061);
(2) a Hispanic-serving institution, as defined in section
502(a) of such Act;
(3) a Tribal College or University, as defined in section
316(b) of such Act (20 U.S.C. 1059c(b));
(4) an Alaska Native-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b));
(5) a Native Hawaiian-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b)); or
(6) an institution determined by the Secretary to have
enrolled a substantial number of minority, low-income students
during the previous academic year who received a Federal Pell
Grant for that year.
SEC. 3A. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Education.
SEC. 4. MINORITY SERVING INSTITUTIONS FOR ADVANCED TECHNOLOGY AND
EDUCATION.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible institutions to
enable the eligible institutions to carry out the activities
described in subsection (d).
(2) Grant period.--The Secretary may award a grant to an
eligible institution under this Act for a period of not more
than 5 years.
(b) Application and Review Procedure.--
(1) In general.--To be eligible to receive a grant under
this Act, an eligible institution shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require. The
application shall include--
(A) a program of activities for carrying out 1 or
more of the purposes described in section 2; and
(B) such other policies, procedures, and assurances
as the Secretary may require by regulation.
(2) Regulations.--After consultation with appropriate
individuals with expertise in technology and education, the
Secretary shall establish a procedure by which to accept and
review such applications and publish an announcement of such
procedure, including a statement regarding the availability of
funds, in the Federal Register.
(3) Application review criteria.--The application review
criteria used by the Secretary for grants under this Act shall
include consideration of--
(A) demonstrated need for assistance under this
Act; and
(B) diversity among the types of eligible
institutions receiving assistance under this Act.
(c) Matching Requirement.--
(1) In general.--An eligible institution that receives a
grant under this Act shall agree that, with respect to the
costs to be incurred by the institution in carrying out the
program for which the grant is awarded, such institution will
make available (directly or through donations from public or
private entities) non-Federal contributions in an amount equal
to 25 percent of the amount of the grant awarded by the
Secretary, or $500,000, whichever is the lesser amount.
(2) Waiver.--The Secretary shall waive the matching
requirement for any eligible institution with no endowment, or
an endowment that has a current dollar value as of the time of
the application of less than $50,000,000.
(d) Uses of Funds.--An eligible institution shall use a grant
awarded under this Act--
(1) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network technology,
wireless technology, and infrastructure;
(2) to develop and provide educational services, including
faculty development, related to science, technology,
engineering, and mathematics;
(3) to provide teacher preparation and professional
development, library and media specialist training, and early
childhood educator and teacher aide certification or licensure
to individuals who seek to acquire or enhance technology skills
in order to use technology in the classroom or instructional
process to improve student achievement;
(4) to form consortia or collaborative projects with a
State, State educational agency, local educational agency,
community-based organization, national nonprofit organization,
or business, including a minority business, to provide
education regarding technology in the classroom;
(5) to provide professional development in science,
technology, engineering, or mathematics to administrators and
faculty of eligible institutions with institutional
responsibility for technology education;
(6) to provide capacity-building technical assistance to
eligible institutions through remote technical support,
technical assistance workshops, distance learning, new
technologies, and other technological applications; and
(7) to foster the use of information communications
technology to increase scientific, technological, engineering,
and mathematical instruction and research.
(e) Data Collection.--An eligible institution that receives a grant
under this Act shall provide the Secretary with any relevant
institutional statistical or demographic data requested by the
Secretary.
(f) Information Dissemination.--The Secretary shall convene an
annual meeting of eligible institutions receiving grants under this Act
for the purposes of--
(1) fostering collaboration and capacity-building
activities among eligible institutions; and
(2) disseminating information and ideas generated by such
meetings.
(g) Limitation.--An eligible institution that receives a grant
under this Act that exceeds $2,500,000 shall not be eligible to receive
another grant under this Act until every other eligible institution
that has applied for a grant under this Act has received such a grant.
SEC. 5. ANNUAL REPORT AND EVALUATION.
(a) Annual Report Required From Recipients.--Each eligible
institution that receives a grant under this Act shall provide an
annual report to the Secretary on the eligible institution's use of the
grant.
(b) Evaluation by Secretary.--The Secretary shall--
(1) review the reports provided under subsection (a) each
year; and
(2) evaluate the program authorized under this Act on the
basis of those reports every 2 years.
(c) Contents of Evaluation.--The Secretary, in the evaluation under
subsection (b), shall--
(1) describe the activities undertaken by the eligible
institutions that receive grants under this Act; and
(2) assess the short-range and long-range impact of
activities carried out under the grant on the students,
faculty, and staff of the institutions.
(d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit a report on the
program supported under this Act to the authorizing committees that
shall include such recommendations, including recommendations
concerning the continuing need for Federal support of the program, as
may be appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2008 and each of the 5
succeeding fiscal years. | Minority Serving Institutions for Advanced Technology and Education Act - Authorizes the Secretary of Education to make competitive grants to eligible institutions for specified activities, including: (1) acquiring equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) developing and providing educational services, including faculty development, related to science, technology, engineering, and mathematics; (3) providing technology-related training for teachers, library and media specialists, early childhood educators, and teacher aides; and (4) forming technology-related consortia or collaborative projects. Defines "eligible institution" as a historically Black college or university, a Hispanic-serving institution, a Tribal College or University, an Alaska Native-serving institution, a Native Hawaiian-serving institution, or an institution with a substantial number of minority, low-income students who received a federal Pell grant for the previous academic year. Requires the Secretary to convene an annual meeting of grant recipients to foster collaboration and capacity-building activities and to disseminate information and ideas generated by the meetings. | {"src": "billsum_train", "title": "A bill to establish a digital and wireless network technology program, and for other purposes."} | 1,599 | 241 | 0.668738 | 1.898943 | 0.721102 | 4.253589 | 7.205742 | 0.913876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Tourism and
Improving Visitor Experience Act'' or the ``NATIVE Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to enhance and integrate Native American tourism--
(A) to empower Native American communities; and
(B) to advance the National Travel and Tourism Strategy;
(2) to increase coordination and collaboration between Federal
tourism assets to support Native American tourism and bolster
recreational travel and tourism;
(3) to expand heritage and cultural tourism opportunities in
the United States to spur economic development, create jobs, and
increase tourism revenues;
(4) to enhance and improve self-determination and self-
governance capabilities in the Native American community and to
promote greater self-sufficiency;
(5) to encourage Indian tribes, tribal organizations, and
Native Hawaiian organizations to engage more fully in Native
American tourism activities to increase visitation to rural and
remote areas in the United States that are too difficult to access
or are unknown to domestic travelers and international tourists;
(6) to provide grants, loans, and technical assistance to
Indian tribes, tribal organizations, and Native Hawaiian
organizations that will--
(A) spur important infrastructure development;
(B) increase tourism capacity; and
(C) elevate living standards in Native American
communities; and
(7) to support the development of technologically innovative
projects that will incorporate recreational travel and tourism
information and data from Federal assets to improve the visitor
experience.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the term
in section 551 of title 5, United States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian organization.--The term ``Native Hawaiian
organization'' means a nonprofit organization--
(A) that serves the interests of Native Hawaiians;
(B) in which Native Hawaiians serve in substantive and
policymaking positions; and
(C) that is recognized for having expertise in Native
Hawaiian culture and heritage, including tourism.
(4) Tribal organization.--The term ``tribal organization'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN NATIVE TOURISM
OPPORTUNITIES.
(a) Secretary of Commerce and Secretary of the Interior.--The
Secretary of Commerce and the Secretary of the Interior shall update
the respective management plans and tourism initiatives of the
Department of Commerce and the Department of the Interior to include
Indian tribes, tribal organizations, and Native Hawaiian organizations.
(b) Other Agencies.--The head of each agency that has recreational
travel or tourism functions or complementary programs shall update the
respective management plans and tourism strategies of the agency to
include Indian tribes, tribal organizations, and Native Hawaiian
organizations.
(c) Native American Tourism Plans.--
(1) In general.--The plans shall outline policy proposals--
(A) to improve travel and tourism data collection and
analysis;
(B) to increase the integration, alignment, and utility of
public records, publications, and Web sites maintained by
Federal agencies;
(C) to create a better user experience for domestic
travelers and international visitors;
(D) to align Federal agency Web sites and publications;
(E) to support national tourism goals;
(F) to identify agency programs that could be used to
support tourism capacity building and help sustain tourism
infrastructure in Native American communities;
(G) to develop innovative visitor portals for parks,
landmarks, heritage and cultural sites, and assets that
showcase and respect the diversity of the indigenous peoples of
the United States;
(H) to share local Native American heritage through the
development of bilingual interpretive and directional signage
that could include or incorporate English and the local Native
American language or languages; and
(I) to improve access to transportation programs related to
Native American community capacity building for tourism and
trade, including transportation planning for programs related
to visitor enhancement and safety.
(2) Consultation with indian tribes and native americans.--In
developing the plan under paragraph (1), the head of each agency
shall consult with Indian tribes and the Native American community
to identify appropriate levels of inclusion of the Indian tribes
and Native Americans in Federal tourism activities, public records
and publications, including Native American tourism information
available on Web sites.
(d) Technical Assistance.--
(1) In general.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, shall enter into a memorandum of
understanding or cooperative agreement with an entity or
organization with a demonstrated record in tribal communities of
defining, introducing, developing, and sustaining American Indian,
Alaska Native, and Native Hawaiian tourism and related activities
in a manner that respects and honors native traditions and values.
(2) Coordination.--The memorandum of understanding or
cooperative agreement described in paragraph (1) shall formalize a
role for the organization or entity to serve as a facilitator
between the Secretary of the Interior and the Secretary of Commerce
and the Indian tribes, tribal organizations, and Native Hawaiian
organizations--
(A) to identify areas where technical assistance is needed
through consultations with Indian tribes, tribal organizations,
and Native Hawaiian organizations to empower the Indian tribes,
tribal organizations, and Native Hawaiian organizations to
participate fully in the tourism industry; and
(B) to provide a means for the delivery of technical
assistance and coordinate the delivery of the assistance to
Indian tribes, tribal organizations, and Native Hawaiian
organizations in collaboration with the Secretary of the
Interior, the Secretary of Commerce, and other entities with
distinctive experience, as appropriate.
(3) Funding.--Subject to the availability of appropriations,
the head of each Federal agency, including the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Agriculture, the Secretary of
Health and Human Services, and the Secretary of Labor shall
obligate any funds made available to the head of the agency to
cover any administrative expenses incurred by the organization or
entity described in paragraph (1) in carrying out programs or
activities of the agency.
(4) Metrics.--The Secretary of the Interior and the Secretary
of Commerce shall coordinate with the organization or entity
described in paragraph (1) to develop metrics to measure the
effectiveness of the entity or organization in strengthening
tourism opportunities for Indian tribes, tribal organizations, and
Native Hawaiian organizations.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and occasionally thereafter, the Secretary of the Interior
and the Secretary of Commerce shall each submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report that describes--
(1) the manner in which the Secretary of the Interior or the
Secretary of Commerce, as applicable, is including Indian tribes,
tribal organizations, and Native Hawaiian organizations in
management plans;
(2) the efforts of the Secretary of the Interior or the
Secretary of Commerce, as applicable, to develop departmental and
agency tourism plans to support tourism programs of Indian tribes,
tribal organizations, and Native Hawaiian organizations;
(3) the manner in which the entity or organization described in
subsection (d)(1) is working to promote tourism to empower Indian
tribes, tribal organizations, and Native Hawaiian organizations to
participate fully in the tourism industry; and
(4) the effectiveness of the entity or organization described
in subsection (d)(1) based on the metrics developed under
subsection (d)(4).
SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT.
(a) In General.--The head of each agency shall--
(1) take actions that help empower Indian tribes, tribal
organizations, and Native Hawaiian organizations to showcase the
heritage, foods, traditions, history, and continuing vitality of
Native American communities;
(2) support the efforts of Indian tribes, tribal organizations,
and Native Hawaiian organizations--
(A) to identify and enhance or maintain traditions and
cultural features that are important to sustain the
distinctiveness of the local Native American community; and
(B) to provide visitor experiences that are authentic and
respectful;
(3) provide assistance to interpret the connections between the
indigenous peoples of the United States and the national identity
of the United States;
(4) enhance efforts to promote understanding and respect for
diverse cultures and subcultures in the United States and the
relevance of those cultures to the national brand of the United
States; and
(5) enter into appropriate memoranda of understanding and
establish public-private partnerships to ensure that arriving
domestic travelers at airports and arriving international visitors
at ports of entry are welcomed in a manner that both showcases and
respects the diversity of Native American communities.
(b) Grants.--To the extent practicable, grant programs relating to
travel, recreation, or tourism administered by the Commissioner of the
Administration for Native Americans, Chairman of the National Endowment
for the Arts, Chairman of the National Endowment for the Humanities, or
the head of an agency with assets or resources relating to travel,
recreation, or tourism promotion or branding enhancement for which
Indian tribes, tribal organizations, or Native Hawaiian organizations
are eligible may be used--
(1) to support the efforts of Indian tribes, tribal
organizations, and Native Hawaiian organizations to tell the story
of Native Americans as the First Peoples of the United States;
(2) to use the arts and humanities to help revitalize Native
communities, promote economic development, increase livability, and
present the uniqueness of the United States to visitors in a way
that celebrates the diversity of the United States; and
(3) to carry out this section.
(c) Smithsonian.--The Advisory Council and the Board of Regents of
the Smithsonian Institution shall work with Indian tribes, tribal
organizations, Native Hawaiian organizations, and nonprofit
organizations to establish long-term partnerships with non-Smithsonian
museums and educational and cultural organizations--
(1) to share collections, exhibitions, interpretive materials,
and educational strategies; and
(2) to conduct joint research and collaborative projects that
would support tourism efforts for Indian tribes, tribal
organizations, and Native Hawaiian organizations and carry out the
intent of this section.
SEC. 6. EFFECT.
Nothing in this Act alters, or demonstrates congressional support
for the alteration of, the legal relationship between the United States
and any American Indian, Alaska Native, or Native Hawaiian individual,
group, organization, or entity.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on April 25, 2016. Native American Tourism and Improving Visitor Experience Act or the NATIVE Act (Sec. 4) This bill requires the Department of Commerce, the Department of the Interior, and federal agencies with recreational travel or tourism functions to update their management plans and tourism initiatives to include Indian tribes, tribal organizations, and Native Hawaiian organizations. The plans must outline proposals to: improve travel and tourism data collection and analysis, increase the usability of public information and federal websites, support national tourism goals, identify programs that could support tourism infrastructure in Native American communities, develop visitor portals and assets that showcase and respect the diversity of Native Americans, share local Native American heritage through the development of bilingual signage, and improve access to transportation programs for building capacity for Native American community tourism and trade. Interior and Commerce must: (1) work with a facilitator to provide technical assistance to Indian tribes, tribal organizations, and Native Hawaiian organizations regarding participation in the tourism industry, and (2) report on departmental efforts supporting such participation. (Sec. 5) Federal agencies must: (1) support Indian tribes, tribal organizations, and Native Hawaiian organizations in showcasing their history, culture, and continuing vitality, enhancing or maintaining their distinctive cultural features, and providing authentic and respectful visitor experiences; (2) assist in interpreting the connections between Native Americans and the national identity of the United States; (3) enhance efforts to promote understanding and respect for diverse cultures in the United States and the relevance of those cultures; and (4) ensure that travelers at airports and ports of entry are welcomed in a manner that both showcases and respects the diversity of Native American communities. Grants relating to travel, recreation, or tourism for which Indian tribes, tribal organizations, or Native Hawaiian organizations are eligible may be used to: (1) support their efforts to present their story and culture, (2) revitalize Native American communities using the arts and humanities, and (3) carry out this Act. The Smithsonian Institution must work with Indian tribes, tribal organizations, Native Hawaiian organizations, and nonprofits to share collections and conduct joint research and projects with museums, educational organizations, and cultural organizations. | {"src": "billsum_train", "title": "NATIVE Act"} | 2,257 | 454 | 0.683918 | 2.281698 | 0.683168 | 3.873016 | 5.038549 | 0.911565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Land Renewable Energy
Development Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land administered by the Secretary; and
(B) not excluded from the development of
geothermal, solar, or wind energy under--
(i) a land use plan established under the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); or
(ii) other Federal law.
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable energy
projects.
(3) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or
(B) public land.
(4) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section 7(c)(1).
(5) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of the
Bureau of Land Management as being a preferred location for a
renewable energy project.
(6) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(7) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that uses
wind, solar, or geothermal energy to generate energy.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area; and
(B) not a priority area.
SEC. 3. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM ACT
OF 1970.
(a) In General.--Section 234(a) of the Energy Policy Act of 2005
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal
years beginning after the date of enactment of this Act'' and inserting
``through fiscal year 2022''.
(b) Authorization.--Section 234(b) of the Energy Policy Act of 2005
(42 U.S.C. 15873(b)) is amended--
(1) by striking ``Amounts'' and inserting the following:
``(1) In general.--Amounts''; and
(2) by adding at the end the following:
``(2) Authorization.--Effective for fiscal year 2017 and
each fiscal year thereafter, amounts deposited under subsection
(a) shall be available to the Secretary of the Interior for
expenditure, without further appropriation or fiscal year
limitation, to implement the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) and this Act.''.
SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC ENVIRONMENTAL
IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on covered
land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date
of enactment of this Act.
(B) Solar energy.--For solar energy, the solar
energy zones established by the 2012 western solar plan
of the Bureau of Land Management and any subsequent
land use plan amendments shall be considered to be
priority areas for solar energy projects.
(C) Wind energy.--For wind energy, the Secretary
shall establish priority areas as soon as practicable,
but not later than 3 years, after the date of enactment
of this Act.
(b) Variance Areas.--To the maximum extent practicable, variance
areas shall be considered for renewable energy project development,
consistent with the principles of multiple use (as defined in the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.)).
(c) Review and Modification.--Not less frequently than once every
10 years, the Secretary shall--
(1) review the adequacy of land allocations for geothermal,
solar, and wind energy priority and variance areas for the
purpose of encouraging new renewable energy development
opportunities; and
(2) based on the review carried out under paragraph (1),
add, modify, or eliminate priority, variance, and exclusion
areas.
(d) Compliance With the National Environmental Policy Act.--For
purposes of this section, compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
(1) for geothermal energy, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the western United States;
(2) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for solar energy
projects; and
(3) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
projects.
(e) No Effect on Processing Applications.--A requirement to prepare
a supplement to a programmatic environmental impact statement under
this section shall not result in any delay in processing an application
for a renewable energy project.
(f) Coordination.--In developing a supplement required by this
section, the Secretary shall coordinate, on an ongoing basis, with
appropriate State, tribal, and local governments, transmission
infrastructure owners and operators, developers, and other appropriate
entities to ensure that priority areas identified by the Secretary
are--
(1) economically viable (including having access to
transmission);
(2) likely to avoid or minimize conflict with habitat for
animals and plants, recreation, and other uses of covered land;
and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
(g) Removal From Classification.--In carrying out subsections (a)
through (e), if the Secretary determines an area previously suited for
development should be removed from priority or variance classification,
not later than 90 days after the date of the determination, the
Secretary shall submit to Congress a report on the determination.
SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND.
(a) In General.--If the Secretary determines that a proposed
renewable energy project has been sufficiently analyzed by a
programmatic environmental impact statement conducted under section
4(d), the Secretary shall not require any additional review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Additional Environmental Review.--If the Secretary determines
that additional environmental review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed
renewable energy project, the Secretary shall rely on the analysis in
the programmatic environmental impact statement conducted under section
4(d), to the maximum extent practicable when analyzing the potential
impacts of the project.
(c) Relationship to Other Law.--Nothing in this section modifies or
supersedes any requirement under applicable law.
SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT
COORDINATION.
(a) Establishment.--The Secretary shall establish a program to
improve Federal permit coordination with respect to renewable energy
projects on covered land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area,
with--
(A) the Secretary of Agriculture; and
(B) the Assistant Secretary of the Army for Civil
Works.
(2) State participation.--The Secretary may request the
Governor of any interested State to be a signatory to the
memorandum of understanding under paragraph (1).
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau of Land Management Renewable
Energy Coordination Offices an employee who has expertise in
the regulatory issues relating to the office in which the
employee is employed, including, as applicable, particular
expertise in--
(A) consultation regarding, and preparation of,
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a);
(E) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(F) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.); and
(G) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) be responsible for addressing all issues
relating to the jurisdiction of the home office or
agency of the employee; and
(B) participate as part of the team of personnel
working on proposed energy projects, planning,
monitoring, inspection, enforcement, and environmental
analyses.
(d) Additional Personnel.--The Secretary may assign such additional
personnel for the Bureau of Land Management Renewable Energy
Coordination Offices as are necessary to ensure the effective
implementation of any programs administered by the offices, including
inspection and enforcement relating to renewable energy project
development on covered land, in accordance with the multiple use
mandate of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(e) Renewable Energy Coordination Offices.--In carrying out the
program established under subsection (a), the Secretary may--
(1) establish additional Bureau of Land Management
Renewable Energy Coordination Offices; or
(2) temporarily assign the qualified staff designated under
subsection (c) to a State, district, or field office of the
Bureau of Land Management to expedite the permitting of
renewable energy projects.
(f) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this Act,
and each February 1 thereafter, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing the progress made under the
program established under subsection (a) during the preceding
year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to
leasing, permitting, siting, or production.
SEC. 7. DISPOSITION OF REVENUES.
(a) Disposition of Revenues.--Beginning on January 1, 2017, without
further appropriation or fiscal year limitation, of the amounts
collected as bonus bids, rentals, fees, or other payments under a
right-of-way, permit, lease, or other authorization (other than under
section 504(g) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1764(g))) for the development of wind or solar energy on
covered land--
(1) 25 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which the
revenue is derived;
(2) 25 percent shall be paid by the Secretary of the
Treasury to the one or more counties within the boundaries of
which the revenue is derived, to be allocated among the
counties based on the percentage of land from which the revenue
is derived;
(3) to be deposited in the Treasury and be made available
to the Secretary to carry out the program established by
section 6, including the transfer of the funds by the Bureau of
Land Management to other Federal agencies and State agencies to
facilitate the processing of renewable energy permits on
Federal land, with priority given to using the amounts, to the
maximum extent practicable, to expediting the issuance of
permits required for the development of renewable energy
projects in the States from which the revenues are derived--
(A) 25 percent for each of fiscal years 2016
through 2025;
(B) 20 percent for each of fiscal years 2026
through 2030;
(C) 15 percent for each of fiscal years 2031
through 2035; and
(D) 10 percent for fiscal year 2036 and each fiscal
year thereafter; and
(4) to be deposited in the Renewable Energy Resource
Conservation Fund established by subsection (c)--
(A) 25 percent for each of fiscal years 2016
through 2025;
(B) 30 percent for each of fiscal years 2026
through 2030;
(C) 35 percent for each of fiscal years 2031
through 2035; and
(D) 40 percent for fiscal year 2036 and each fiscal
year thereafter.
(b) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under
subsection (a) shall be used consistent with section 35 of the
Mineral Leasing Act (30 U.S.C. 191).
(2) Payments in lieu of taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(c) Renewable Energy Resource Conservation Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Renewable Energy Resource
Conservation Fund'', to be administered by the Secretary, in
consultation with the Secretary of Agriculture.
(2) Use of funds.--The Secretary may make funds in the Fund
available to Federal, State, and tribal agencies to be
distributed in regions in which renewable energy projects are
located on Federal land, for the purposes of--
(A) restoring and protecting--
(i) fish and wildlife habitat for affected
species;
(ii) fish and wildlife corridors for
affected species; and
(iii) water resources in areas affected by
wind, geothermal, or solar energy development;
and
(B) preserving and improving recreational access to
Federal land and water in an affected region through an
easement, right-of-way, or other instrument from
willing landowners for the purpose of enhancing public
access to existing Federal land and water that is
inaccessible or significantly restricted.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with State and tribal agencies, nonprofit
organizations, and other appropriate entities to carry out the
activities described in subparagraphs (A) and (B) of paragraph
(2).
(4) Investment of fund.--
(A) In general.--Any amounts deposited in the Fund
shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable
obligations of the United States of comparable
maturities.
(B) Use.--Any interest earned under subparagraph
(A) may be expended in accordance with this subsection.
(5) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
(and not supplant) annual appropriations for activities
described in subparagraphs (A) and (B) of paragraph (2).
SEC. 8. SAVINGS CLAUSE.
Notwithstanding any other provision of this Act, the Secretary
shall continue to manage public land under the principles of multiple
use and sustained yield in accordance with title I of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including
due consideration of mineral and nonrenewable energy-related projects
and other nonrenewable energy uses, for the purposes of land use
planning, permit processing, and conducting environmental reviews. | Public Land Renewable Energy Development Act This bill amends the Energy Policy Act of 2005 to extend through FY2022 the authorization for deposit and use of lease revenues under the Geothermal Steam Act of 1970. Such funds shall be available to the Department of the Interior for FY2017 and afterwards to implement both the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970. Interior shall establish priority areas on covered land (i.e., public land administered by Interior and not excluded under law from the development of geothermal, solar, or wind energy) for geothermal, solar, and wind energy projects. Variance areas shall also be considered for the development of renewable energy projects under this bill, consistent with the principles of multiple use (as defined under the Federal Land Policy and Management Act of 1976). The bill defines "variance area" as covered land that is neither an exclusion area (not suitable for development of renewable energy projects) nor a priority area. Interior shall establish a program to improve federal permit coordination with respect to renewable energy projects carried out on covered land. The bill establishes the Renewable Energy Resource Conservation Fund to make funds available to federal, state, and tribal agencies for distribution in regions in which renewable energy projects are located on federal land for: (1) restoring and protecting fish and wildlife habitat and corridors for affected species and water resources in areas affected by wind, geothermal, or solar energy development; and (2) preserving and improving recreational access to federal land and water in an affected region. | {"src": "billsum_train", "title": "Public Land Renewable Energy Development Act"} | 3,713 | 319 | 0.693934 | 2.038224 | 0.875856 | 4.479592 | 11.312925 | 0.908163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Dollars for Ayatollahs Act''.
SEC. 2. EXCISE TAX ON DOLLAR CLEARING TRANSACTIONS WITH RESPECT TO
IRAN.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 50A--CLEARING TRANSACTIONS WITH RESPECT TO IRAN
``Sec. 5000D. Imposition of tax on dollar clearing transactions with
respect to Iran.
``SEC. 5000D. IMPOSITION OF TAX ON DOLLAR CLEARING TRANSACTIONS WITH
RESPECT TO IRAN.
``(a) Imposition of Tax.--There is hereby imposed on any United
States person who clears or transfers United States dollars for the
direct or indirect benefit of the Government of Iran or any Iranian
person a tax equal to 100 percent of the dollar amount cleared or
transferred.
``(b) Transaction by Certain Related Entities.--If any United
States dollars are so cleared or transferred by--
``(1) a foreign member of a United States person's
worldwide affiliated group, or
``(2) a foreign person who--
``(A) is not a member of a United States person's
worldwide affiliated group, but
``(B) has a correspondent account or payable-
through account for or with such a member or a United
States person,
such dollars shall be treated for purposes of subsection (a) as being
cleared or transferred by the United States person. The preceding
sentence shall apply with respect to a foreign person described in
paragraph (2) only if the member or United States person, as the case
may be, for or with whom the account is maintained knew or had reason
to know such dollars were being so cleared or transferred.
``(c) Threshold Limitation.--
``(1) In general.--The tax imposed by subsection (a) shall
only apply with respect to a United States person for a
calendar year to the extent the dollar amounts so cleared or
transferred during the calendar year by such United States
person (including any such amounts treated under subsection (b)
as cleared or transferred by such person) exceed $1,000,000.
``(2) Members of group.--For purposes of paragraph (1),
amounts cleared or transferred by a non-foreign member of such
person's worldwide affiliated group shall be treated as cleared
or transferred by such person.
``(d) Definitions.--For purposes of this section--
``(1) Worldwide affiliated group.--The term `worldwide
affiliated group' means an affiliated group as defined in
section 1504(a), determined--
``(A) by substituting `more than 50 percent' for
`at least 80 percent' each place it appears, and
``(B) without regard to section 1504(b).
A partnership or any other entity (other than a corporation)
shall be treated as a member of a worldwide affiliated group if
such entity is controlled (within the meaning of section
954(d)(3)) by members of such group (including any entity
treated as a member of such group by reason of this sentence).
``(2) Correspondent account.--The term `correspondent
account' means an account established to receive deposits from,
or make payments on behalf of, a financial institution or
handle other financial transactions related to such
institution.
``(3) Payable-through account.--The term `payable-through
account' means an account, including a transaction account (as
defined in section 19(b)(1)(C) of the Federal Reserve Act),
opened at a depository institution by another financial
institution by means of which the financial institution permits
its customers to engage, either directly or through a
subaccount, in banking activities usually in connection with
the business of banking.
``(4) Account.--The term `account' means a formal banking
or business relationship established to provide regular
services, dealings, and other financial transactions and
includes a demand deposit, savings deposit, or other
transaction or asset account and a credit account or other
extension of credit.
``(5) Financial institution.--The term `financial
institution' shall have the meaning given such term under
section 5312(a)(2) of title 31, United States Code.
``(6) Iranian person.--The term `Iranian person' means--
``(A) any person in Iran,
``(B) any citizen or resident of Iran,
``(C) any foreign partnership or foreign
corporation which is organized or operated in Iran (or
is a member of such a person's worldwide affiliated
group),
``(D) any foreign trust if--
``(i) a court within Iran is able to
exercise primary supervision over the
administration of the trust, and
``(ii) one or more persons described in
subparagraph (A) or (B) have the authority to
control all substantial decisions of the trust,
and
``(E) any foreign estate a beneficiary of which is
a person described in subparagraph (A).
``(e) Special Rules.--
``(1) Certain licensed transactions.--This section shall
not apply in the case of a transaction authorized under part
535, 560, or 561 of title 31, Code of Federal Regulations, as
in effect on June 1, 2016.
``(2) Humanitarian assistance.--This section shall not
apply in the case of any transaction permitted--
``(A) under section 413 of the Iran Threat
Reduction and Syria Human Rights Act of 2012, or
``(B) under a license issued under the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) if--
``(i) such transaction relates solely to--
``(I) the provision of agricultural
commodities, food, medicine, or medical
devices to Iran, or
``(II) the provision of
humanitarian assistance to the people
of Iran, and
``(ii) the President submits a copy of the
license to the Committee on Ways and Means of
the House of Representatives and the Committee
on Finance of the Senate, the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate, and
the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
``(3) Intelligence activities.--This section shall not
apply in the case of intelligence activities subject to
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.).
``(4) Joint and several liability.--If more than 1 person
is liable under subsection (a) or (b) with respect to a dollar
clearing or transferring transaction, all such persons shall be
jointly and severally liable under such subsection with respect
to such transaction.''.
(b) Clerical Amendment.--The table of chapters for subtitle D of
such Code is amended by adding at the end the following new item:
``Chapter 50A. Clearing Transactions With Respect to Iran''.
(c) Effective Date.--The amendments made by this section shall
apply to transactions after June 21, 2016. | No Dollars for Ayatollahs Act This bill amends the Internal Revenue Code to impose an excise tax on any U.S. person who clears or transfers more than $1 million U.S. dollars per year for the direct or indirect benefit of the government of Iran or any Iranian person. The tax is equal to 100% of the amount that is cleared or transferred. The tax also applies to transactions by certain related entities, including the clearing or transferring of U.S dollars by: (1) a foreign member of a U.S. person's worldwide affiliated group, or (2) a foreign person who is not a member of a U.S. person's worldwide affiliated group, but has a correspondent account or payable-through account for or with such a member or a U.S. person. The tax applies to transactions by a foreign person described above if the member or U.S. person for or with whom the account is maintained knew or had reason to know the dollars were being cleared or transferred. | {"src": "billsum_train", "title": "No Dollars for Ayatollahs Act"} | 1,625 | 224 | 0.748488 | 2.261278 | 0.919388 | 4.445652 | 8.027174 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Wildlife Heritage Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Wildlife is a fundamental part of America's history and
character, and wildlife conservation is a core value shared by
all Americans. America's children and grandchildren, indeed all
future generations to come, deserve opportunities to benefit
from and enjoy a diverse array of fish and wildlife species.
(2) Wildlife conservation provides economic, social,
educational, recreational, emotional, and spiritual benefits.
The economic value of hunting, fishing, and wildlife-associated
recreation alone is estimated to contribute $100,000,000,000
annually to the American economy. Wildlife habitat, including
forests, grasslands, riparian lands, wetlands, rivers, and
other water bodies, is an essential component of the American
landscape, and is protected and valued by Federal, State, and
local governments, tribes, private landowners, conservation
organizations, and millions of American sportsmen and outdoor
recreationists.
(3) The American landscape is rapidly changing,
particularly in the West where the majority of the Federal
public lands are found, increasing the importance of sustaining
wildlife and its habitat on our public lands.
(4) Federal public lands are critical to the future of
wildlife in America. Federal lands help to protect endangered
and threatened species from going extinct and help prevent
species from becoming endangered in the first place. They
complement the conservation of wildlife on private lands by
providing comparatively intact tracts of land that serve as
refuges from human development and other pressures. They help
keep common species common, including species valued for
hunting and fishing.
(5) Public lands provide refuges for species impacted by
the effects of global climate change, and will play an
important role in wildlife's ability to adapt to and survive
global warmings mounting impacts.
(6) Consistent with long-standing principles of multiple
use and sustained yield management, the goal of sustaining the
diverse fish and wildlife communities that depend on our
Federal lands should guide the stewardship of America's public
lands.
SEC. 3. DEFINITIONS.
In this Act:
(1) Desired non-native species.--The term ``desired non-
native species'' means those wild species of plants or animals
that are not indigenous to a planning area but are valued for
their contribution to species diversity or their social,
cultural, or economic value.
(2) Indicator species.--The term ``indicator species''
means species selected for monitoring because their population
changes are believed to indicate the effects of management
activities, natural disruptions, or other factors on unmeasured
species and to provide insights to the integrity of the
ecological systems to which they belong.
(3) Native species.--The term ``native species'' means
species of the plant and animal kingdoms indigenous to the
planning area.
(4) Planning area.--The term ``planning area'' means any
geographic unit of National Forest System lands or Bureau of
Land Management lands covered by an individual management plan.
(5) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as appropriate
in the context.
(7) Species-at-risk.--The term ``species-at-risk'' means
species listed as endangered or threatened, or proposed or
identified as candidates for listing, under the Endangered
Species Act of 1973; species listed or proposed for listing
under State endangered species laws; species identified as
State special status species; species identified as declining
or of special concern through State comprehensive wildlife
conservation strategies; sensitive or special status species
identified by the Forest Service or the Bureau of Land
Management; and other species identified by the Forest Service
or the Bureau of Land Management for which scientific evidence
or lack of information raises a significant concern regarding
the species' viability within the planning area.
(8) Viable population.--The term ``viable population''
means a population of a species that has the estimated numbers,
distribution, and reproduction and survival rates to afford a
high degree of scientific confidence that it will persist well
distributed throughout its range for a period of at least 100
years into the future.
SEC. 4. VIABLE POPULATIONS.
For all planning areas within the National Forest System or the
Bureau of Land Management public lands--
(1) the Secretary shall plan for and manage lands under the
Secretary's jurisdiction in order to maintain viable
populations of existing native and desired non native species
within each planning area, except that management for desired
non-native species shall not interfere with the maintenance of
viable populations of native species within a planning area;
(2) if a population extends across more than one planning
area, the Secretary or Secretaries shall coordinate the
management of habitat in the planning areas containing the
population in order to maintain a viable population of such
species; and
(3) if the Secretary, using the best available science,
makes a finding that conditions outside the authority of the
Secretary make it impossible for the Secretary to maintain a
viable population of a species within a planning area (or,
under the circumstances identified in paragraph (2), within 2
or more planning areas), the Secretary or Secretaries shall--
(A) manage habitat within the planning area or
areas in order to contribute to the maximum extent
achievable to the viability of that species; and
(B) ensure that any activity authorized, funded, or
carried out within the planning area or areas does not
contribute to a decline in the population of the
species in such planning area or areas.
SEC. 5. MONITORING AND EVALUATION OF SPECIES VIABILITY.
(a) To provide the basis for determining species population
viability for purposes of section 4, the Secretaries shall adopt and
implement, as part of the land management planning for each planning
area, a comprehensive monitoring program to determine the status and
trends of wildlife populations on National Forest System and Bureau of
Land Management lands. Such monitoring programs shall designate
indicator species representing the diversity of ecological systems and
species present in the planning area, identify species-at-risk in the
planning area, and provide for--
(1) monitoring of the status and trends of the habitats and
ecological conditions that support indicator species and
species-at-risk;
(2) population surveys of the indicator species identified
in the monitoring program at intervals sufficient to ensure
that monitoring is providing accurate information regarding the
status and trends of species' populations in the planning area;
and
(3) population surveys of species-at-risk whose populations
are not adequately assessed by the population surveys of
indicator species at intervals sufficient to provide accurate
information regarding the status and trends of such species'
populations in the planning area.
(b) The Secretary shall conduct such monitoring in cooperation with
State fish and wildlife agencies to the extent practicable, and shall
consider relevant population data maintained by Federal and State
agencies, or other entities.
SEC. 6. COORDINATION.
(a) The Secretaries shall coordinate, to the extent practicable and
consistent with applicable law, the management of species populations
in planning areas of the National Forest System and the Bureau of Land
Management with the management of species populations on lands within
the National Wildlife Refuge System and National Park System, and with
other Federal agencies, State fish and wildlife agencies, tribes, local
governments, and non-governmental organizations engaged in species
conservation, in order to--
(1) achieve and maintain viable populations of native and
desired non-native species;
(2) reintroduce extirpated species, where appropriate, when
a population is no longer present;
(3) establish linkages between habitats and discrete
populations;
(4) address the impacts of changing climatic conditions on
species habitat, behavior, and migration; and
(5) conduct other joint efforts in support of sustainable
plant and animal communities across jurisdictional boundaries.
(b) Nothing in this section shall affect the legal authorities or
management standards applicable to lands or species populations within
the National Wildlife Refuge System or National Park System. | America's Wildlife Heritage Act - Sets forth requirements concerning the maintenance of viable populations of existing native and desired non-native species within each planning area in the National Forest System's or the Bureau of Land Management's (BLM) public lands.
Directs the Secretary of Agriculture and the Secretary of the Interior to adopt and implement a comprehensive monitoring program for determining the status and trends of wildlife populations on System and BLM lands.
Requires the Secretaries to coordinate the management of species populations in planning areas of the System and the BLM with the management of such populations on lands within the National Wildlife Refuge System and National Park System, and with other federal agencies, state fish and wildlife agencies, tribes, local governments, and non-governmental organizations engaged in species conservation. | {"src": "billsum_train", "title": "To sustain wildlife on America's public lands."} | 1,713 | 167 | 0.494552 | 1.227348 | 0.711698 | 5.236486 | 11.472973 | 0.939189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Administration and
National Institute of Standards and Technology Act of 2004''.
SEC. 2. OFFICE OF THE UNDER SECRETARY FOR TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
Commerce for the activities of the Under Secretary for Technology and
the Office of Technology Policy--
(1) $8,294,000 for fiscal year 2005;
(2) $8,497,000 for fiscal year 2006;
(3) $8,800,000 for fiscal year 2007; and
(4) $8,927,000 for fiscal year 2008.
SEC. 3. SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES.
(a) Laboratory Activities.--There are authorized to be appropriated
to the Secretary of Commerce for the scientific and technical research
and services laboratory activities of the National Institute of
Standards and Technology--
(1) $425,688,000 for fiscal year 2005, of which--
(A) $55,777,000 shall be for Electronics and
Electrical Engineering;
(B) $29,584,000 shall be for Manufacturing
Engineering;
(C) $50,142,000 shall be for Chemical Science and
Technology;
(D) $42,240,000 shall be for Physics;
(E) $62,724,000 shall be for Material Science and
Engineering;
(F) $23,594,000 shall be for Building and Fire
Research;
(G) $60,660,000 shall be for Computer Science and
Applied Mathematics, of which $2,800,000 shall be for
activities in support of the Help America Vote Act of
2002;
(H) $17,445,000 shall be for Technical Assistance;
and
(I) $78,102,000 shall be for Research Support
Activities;
(2) $446,951,000 for fiscal year 2006;
(3) $469,299,000 for fiscal year 2007; and
(4) $492,764,000 for fiscal year 2008.
(b) Malcolm Baldrige National Quality Award Program.--There are
authorized to be appropriated to the Secretary of Commerce for the
Malcolm Baldrige National Quality Award program under section 17 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)--
(1) $5,400,000 for fiscal year 2005;
(2) $5,535,000 for fiscal year 2006;
(3) $5,674,000 for fiscal year 2007; and
(4) $5,815,000 for fiscal year 2008.
(c) Construction and Maintenance.--There are authorized to be
appropriated to the Secretary of Commerce for construction and
maintenance of facilities of the National Institute of Standards and
Technology--
(1) $59,000,000 for fiscal year 2005;
(2) $91,000,000 for fiscal year 2006;
(3) $80,000,000 for fiscal year 2007; and
(4) $106,000,000 for fiscal year 2008.
SEC. 4. INDUSTRIAL TECHNOLOGY SERVICES.
There are authorized to be appropriated to the Secretary of
Commerce for Industrial Technology Services activities of the National
Institute of Standards and Technology--
(1) $285,000,000 for fiscal year 2005, of which--
(A) $179,000,000 shall be for the Advanced
Technology Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n), of which at least $60,700,000 shall be for new
awards; and
(B) $106,000,000 shall be for the Manufacturing
Extension Partnership program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l);
(2) $292,125,000 for fiscal year 2006, of which--
(A) $183,475,000 shall be for the Advanced
Technology Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n); and
(B) $108,650,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l);
(3) $299,428,100 for fiscal year 2007, of which--
(A) $188,062,000 shall be for the Advanced
Technology Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n); and
(B) $111,366,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l); and
(4) $306,913,000 for fiscal year 2008, of which--
(A) $192,763,000 shall be for the Advanced
Technology Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n); and
(B) $114,150,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l).
SEC. 5. STANDARDS EDUCATION PROGRAM.
(a) Program Authorized.--(1) As part of the Teacher Science and
Technology Enhancement Institute Program, the Director of the National
Institute of Standards and Technology shall carry out a Standards
Education program to award grants to institutions of higher education
to support efforts by such institutions to develop curricula on the
role of standards in the fields of engineering, business, science, and
economics. The curricula should address topics such as--
(A) development of technical standards;
(B) demonstrating conformity to standards;
(C) intellectual property and antitrust issues;
(D) standardization as a key element of business strategy;
(E) survey of organizations that develop standards;
(F) the standards life cycle;
(G) case studies in effective standardization;
(H) managing standardization activities; and
(I) managing organizations that develop standards.
(2) Grants shall be awarded under this section on a competitive,
merit-reviewed basis and shall require cost-sharing from non-Federal
sources.
(b) Selection Process.--(1) An institution of higher education
seeking funding under this section shall submit an application to the
Director at such time, in such manner, and containing such information
as the Director may require. The application shall include at a
minimum--
(A) a description of the content and schedule for adoption
of the proposed curricula in the courses of study offered by
the applicant; and
(B) a description of the source and amount of cost-sharing
to be provided.
(2) In evaluating the applications submitted under paragraph (1)
the Director shall consider, at a minimum--
(A) the level of commitment demonstrated by the applicant
in carrying out and sustaining lasting curricula changes in
accordance with subsection (a)(1); and
(B) the amount of cost-sharing provided.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the Teacher Science and
Technology Enhancement Institute program of the National Institute of
Standards and Technology--
(1) $773,000 for fiscal year 2005;
(2) $796,000 for fiscal year 2006;
(3) $820,000 for fiscal year 2007; and
(4) $844,000 for fiscal year 2008.
SEC. 6. ENTERPRISE INTEGRATION.
There are authorized to be appropriated to the Secretary of
Commerce for activities of the National Institute of Standards and
Technology under the Enterprise Integration Act of 2002--
(1) $20,000,000 for fiscal year 2005;
(2) $20,500,000 for fiscal year 2006;
(3) $21,013,000 for fiscal year 2007; and
(4) $21,538,000 for fiscal year 2008. | Technology Administration and National Institute of Standards and Technology Act of 2004 - Authorizes appropriations to the Secretary of Commerce for the: (1) Under Secretary for Technology and the Office of Technology Policy's activities; (2) National Institute of Standards and Technology (NIST) scientific and technical research and services laboratories activities; (3) Malcolm Baldrige National Quality Award program; (4) NIST facilities construction and maintenance; (5) NIST industrial technology services; (6) Teacher Science and Technology Enhancement Institute program; and (7) NIST under the Enterprise Integration Act of 2002.
Requires: (1) the Director of NIST to carry out a Standards Education program to award competitive, merit-reviewed grants to institutions of higher education to support their efforts to develop curricula on the role of standards in the fields of engineering, business, science, and economics. | {"src": "billsum_train", "title": "To authorize appropriations for the National Institute of Standards and Technology for fiscal years 2005, 2006, 2007, and 2008, and for other purposes."} | 1,591 | 178 | 0.560642 | 1.594451 | 0.809264 | 4.656627 | 8.951807 | 0.909639 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Savanna's Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On some reservations, Indian women are murdered at more
than 10 times the national average.
(2) American Indians and Alaska Natives are 2.5 times as
likely to experience violent crimes--and at least 2 times more
likely to experience rape or sexual assault crimes--compared to
all other races according to the National Congress of American
Indians.
(3) More than 4 in 5 American Indian and Alaska Native
women, or 84.3 percent, have experienced violence in their
lifetime according to the National Institute of Justice.
(4) More than 4 in 5 American Indian and Alaska Native men,
or 81.6 percent, have experienced violence in their lifetime
according to the National Institute of Justice.
(5) According to the Centers for Disease Control and
Prevention, homicide is the third leading cause of death among
American Indian and Alaska Native women between 10 and 24 years
of age and the fifth leading cause of death for American Indian
and Alaska Native women between 25 and 34 years of age.
(6) Investigation into cases of missing and murdered Indian
women is made difficult for Tribal law enforcement agencies due
to a lack of resources, such as--
(A) necessary training, equipment, or funding;
(B) a lack of interagency cooperation; and
(C) a lack of appropriate laws in place.
(7) The complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the
ability to provide public safety to Indian communities;
(B) has been increasingly exploited by criminals;
and
(C) requires a high degree of commitment and
cooperation among Tribal, Federal, and State law
enforcement officials.
(b) Purposes.--The purposes of this Act are--
(1) to clarify the responsibilities of Federal, State,
Tribal, and local law enforcement agencies with respect to
responding to cases of missing and murdered Indians;
(2) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies,
including medical examiner and coroner offices;
(3) to empower Tribal governments with the resources and
information necessary to effectively respond to cases of
missing and murdered Indians; and
(4) to increase the collection of data related to missing
and murdered Indian men and women and the sharing of
information among Federal, State, and Tribal officials
responsible for responding to and investigating cases of
missing and murdered Indians.
SEC. 3. DEFINITIONS.
In this Act:
(1) Databases.--The term ``databases'' means--
(A) the National Crime Information Center database;
(B) the Combined DNA Index System;
(C) the Next Generation Identification System; and
(D) any other database relevant to responding to
cases of missing and murdered Indians, including that
under the Violent Criminal Apprehension Program and the
National Missing and Unidentified Persons System.
(2) Indian.--The term ``Indian'' means a member of an
Indian Tribe.
(3) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(4) Indian land.--The term ``Indian land'' means--
(A) Indian lands, as defined in section 3 of the
Native American Business Development, Trade Promotion,
and Tourism Act of 2000 (25 U.S.C. 4302); and
(B) land owned by a Regional Corporation or Village
Corporation, as such terms are defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(6) Law enforcement agency.--The term ``law enforcement
agency'' means a Tribal, Federal, State, or local law
enforcement agency.
SEC. 4. IMPROVING TRIBAL ACCESS TO DATABASES.
(a) Tribal Enrollment Information.--The Attorney General shall
provide training to law enforcement agencies regarding how to record
the Tribal enrollment information or affiliation, as appropriate, of a
victim in Federal databases.
(b) Consultation.--
(1) Consultation.--Not later than 180 days after the date
of enactment of this Act, the Attorney General, in cooperation
with the Secretary of the Interior, shall complete a formal
consultation with Indian Tribes on how to further improve
Tribal data relevance and access to databases.
(2) Annual consultation.--Section 903(b) of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (34 U.S.C. 20126) is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, homicide, stalking,
and sex trafficking;'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) improving access to local, regional, State, and
Federal crime information databases and criminal justice
information systems.''.
(c) Notification.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall--
(1) develop and implement a dissemination strategy to
notify United States citizens of the National Missing and
Unidentified Persons System; and
(2) conduct specific outreach to Indian Tribes regarding
the ability to publicly enter information, through the National
Missing and Unidentified Persons System or other non-law
enforcement sensitive portal, regarding missing persons, which
may include family members and other known acquaintances.
SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING AND MURDERED
INDIANS.
(a) In General.--Not later than 180 days after the date on which
the consultation described in section 4(b)(1) is completed, the
Attorney General shall direct United States attorneys with jurisdiction
to prosecute crimes in Indian country under sections 1152 and 1153 of
title 18, United States Code, or any other provision of law, as part of
the annual consultations on sexual violence by United States attorneys
with Indian Tribes and Federal partners, to develop guidelines to
respond to cases of missing and murdered Indians that shall include--
(1) guidelines on inter-jurisdictional cooperation among
law enforcement agencies at the Tribal, Federal, State, and
local levels, including inter-jurisdictional enforcement of
protection orders and detailing specific responsibilities of
each law enforcement agency;
(2) best practices in conducting searches for missing
persons on Indian land;
(3) standards on the collection, reporting, and analysis of
data and information on missing persons and unidentified human
remains, and information on culturally appropriate
identification and handling of human remains identified as
Indian, including guidance stating that all appropriate
information related to missing and murdered Indians be entered
in a timely manner into applicable databases;
(4) guidance on which law enforcement agency is responsible
for inputting information into appropriate databases under
paragraph (3) if the Tribal law enforcement agency does not
have access to those appropriate databases;
(5) guidelines on improving law enforcement agency response
rates and follow-up responses to cases of missing and murdered
Indians; and
(6) guidelines on ensuring access to culturally appropriate
victim services for victims and their families.
(b) Consultation.--United States attorneys shall develop the
guidelines required under subsection (a) in consultation with Indian
Tribes and other Federal partners, including--
(1) the Department of Justice;
(2) the Federal Bureau of Investigation;
(3) the Bureau of Indian Affairs;
(4) Tribal, State, and local law enforcement agencies;
(5) medical examiners;
(6) coroners; and
(7) Tribal, State, and local organizations that provide
victim services.
(c) Compliance.--
(1) In general.--Not later than 60 days after the next
sexual violence response annual consultation occurs in each
region after the date of enactment of this Act, the United
States attorneys shall modify the sexual violence response
guidelines to incorporate the guidelines developed under
subsection (a) and implement such modified guidelines.
(2) Modification.--Each Federal law enforcement agency
shall modify the guidelines, policies, and protocols of the
agency to incorporate the guidelines developed under subsection
(a).
(3) Determination.--Not later than the end of each fiscal
year beginning after the date the guidelines are established
under this section and incorporated under this subsection, the
Attorney General shall determine whether each Tribal, State,
and local law enforcement agency has incorporated guidelines
into their respective guidelines, policies, and protocols.
(4) Preference.--For each of fiscal years 2019 through
2023, for the fiscal year in which a grant was solicited, the
Attorney General shall give affirmative preference to all
National Institute of Justice and Office for Victims of Crime
discretionary grant applications of a Tribal, State, or local
law enforcement agency, or applications submitted on behalf of
such law enforcement agencies by a local, State, or Tribal
government, if the Attorney General has determined under
paragraph (3) that the agency has incorporated the guidelines.
(d) Accountability.--Not later than 30 days after compliance
determinations are made each fiscal year in accordance with subsection
(c)(3), the Attorney General shall--
(1) disclose and publish, including on the website of the
Department of Justice, the name of each Tribal, State, or local
law enforcement agency that the Attorney General has determined
has not incorporated guidelines in accordance with subsection
(c)(3); and
(2) if a law enforcement agency described in paragraph (1)
subsequently receives a determination of compliance, the
Attorney General shall--
(A) immediately correct the applicable record; and
(B) not later than 3 days after the determination,
remove the record from the website of the Department of
Justice and any other location where the record was
published.
(e) Training and Technical Assistance.--The Attorney General shall
use the National Indian Country Training Initiative to provide training
and technical assistance to Indian Tribes and law enforcement agencies
on--
(1) implementing the guidelines developed under subsection
(a) or developing and implementing locally specific guidelines
or protocols for responding to cases of missing and murdered
Indians; and
(2) using the National Missing and Unidentified Persons
System and accessing program services that will assist Indian
Tribes with responding to cases of missing and murdered
Indians.
SEC. 6. ANNUAL REPORTING REQUIREMENTS.
(a) Annual Reporting.--Beginning in the first fiscal year after the
date of enactment of this Act, the Attorney General shall include in
its annual Indian Country Investigations and Prosecutions report to
Congress information that--
(1) includes known statistics on missing Indians in the
United States, available to the Department of Justice,
including--
(A) age;
(B) gender;
(C) Tribal enrollment information or affiliation,
if available;
(D) the current number of open cases per State;
(E) the total number of closed cases per State each
calendar year, from the most recent 10 calendar years;
and
(F) other relevant information the Attorney General
determines is appropriate;
(2) includes known statistics on murdered Indians in the
United States, available to the Department of Justice,
including--
(A) age;
(B) gender;
(C) Tribal enrollment information or affiliation,
if available;
(D) the current number of open cases per State;
(E) the total number of closed cases per State each
calendar year, from the most recent 10 calendar years;
and
(F) other relevant information the Attorney General
determines is appropriate;
(3) maintains victim privacy to the greatest extent
possible by excluding information that can be used on its own
or with other information to identify, contact, or locate a
single person, or to identify an individual in context; and
(4) includes--
(A) an explanation of why the statistics described
in paragraph (1) may not be comprehensive; and
(B) recommendations on how data collection on
missing and murdered Indians may be improved.
(b) Compliance.--
(1) In general.--Beginning in the first fiscal year after
the date of enactment of this Act, and annually thereafter, for
the purpose of compiling accurate data for the annual report
required under subsection (a), the Attorney General shall
request all Tribal, State, and local law enforcement agencies
to submit to the Department of Justice, to the fullest extent
possible, all relevant information required, as determined by
the Attorney General.
(2) Disclosure.--The Attorney General shall disclose and
publish annually, including on the website of the Department of
Justice, the name of each Tribal, State, or local law
enforcement agency that the Attorney General has determined has
not submitted the information requested under paragraph (1) for
the fiscal year in which the report was published.
(3) Preference.--For each of fiscal years 2019 through
2023, for the fiscal year in which a grant was solicited, the
Attorney General shall give affirmative preference to all
Department of Justice discretionary grant applications of a
Tribal, State, or local law enforcement agency, or applications
submitted on behalf of such law enforcement agencies by a
local, State, or Tribal government, that would aid in the
implementation of the guidelines developed under section 5 or
help address the issue of missing and murdered Indians, if the
Attorney General has determined the agency has submitted the
information requested under paragraph (1) for the fiscal year
in which the report was published.
(c) Inclusion of Gender in Missing and Unidentified Persons
Statistics.--Beginning in the first calendar year after the date of
enactment of this Act, and annually thereafter, the Federal Bureau of
Investigation shall include gender in its annual statistics on missing
and unidentified persons published on its public website.
Passed the Senate December 6, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 1942
_______________________________________________________________________
AN ACT
To direct the Attorney General to review, revise, and develop law
enforcement and justice protocols appropriate to address missing and
murdered Indians, and for other purposes. | Savanna's Act This bill requires the Department of Justice (DOJ) to update the online data entry format for federal databases relevant to cases of missing and murdered Indians to include a new data field for users to input the victim's tribal enrollment information or affiliation. In addition, DOJ must: make standardized law enforcement and justice protocols that serve as guidelines for law enforcement agencies with respect to missing and murdered Indians, develop protocols to investigate those cases that are guided by the standardized protocols, meet certain requirements to consult with Indian tribes, and provide tribes and law enforcement agencies with training and technical assistance relating to the development and implementation of the law enforcement and justice protocols. Federal law enforcement agencies that investigate and prosecute crimes related to missing and murdered Indians must modify their law enforcement and justice protocols to comply with the standardized protocols. | {"src": "billsum_train", "title": "Savanna\u2019s Act"} | 3,087 | 176 | 0.535445 | 1.579694 | 0.694958 | 2.267081 | 18.875776 | 0.813665 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Country Store
Preservation and Revitalization Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) historic country stores are lasting icons of rural
tradition in the United States;
(2) historic country stores are valuable contributors to
the civic and economic vitality of their local communities;
(3) historic country stores demonstrate innovative
approaches to historic preservation and small business
practices;
(4) historic country stores are threatened by larger
competitors and the costs associated with maintaining older
structures; and
(5) the United States should--
(A) collect and disseminate information concerning
the number, condition, and variety of historic country
stores;
(B) develop opportunities for cooperation among
proprietors of historic country stores; and
(C) promote the long-term economic viability of
historic country stores through the provision of
financial assistance to historic country stores.
SEC. 3. DEFINITIONS.
In this Act:
(1) Country store.--
(A) In general.--The term ``country store'' means a
structure independently owned and formerly or currently
operated as a business that--
(i) sells or sold grocery items and other
small retail goods; and
(ii) is located in--
(I) an economically distressed
area; or
(II) a nonmetropolitan area, as
defined by the Secretary.
(B) Inclusion.--The term ``country store'' includes
a cooperative.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area that meets 1 or more of the
criteria described in section 301(a) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(3) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State department of commerce or economic
development;
(B) a national or State nonprofit organization
that--
(i) is described in section 501(c)(3), and
exempt from Federal tax under section 501(a),
of the Internal Revenue Code of 1986; and
(ii)(I) has experience or expertise, as
determined by the Secretary, in the
identification, evaluation, rehabilitation, or
preservation of historic country stores; or
(II) is undertaking economic and community
development activities;
(C) a national or State nonprofit trade
organization that--
(i) is described in section 501(c)(3), and
exempt from Federal tax under section 501(a),
of the Internal Revenue Code of 1986; and
(ii) acts as a cooperative to promote and
enhance country stores; and
(D) a State historic preservation office.
(4) Fund.--The term ``Fund'' means the Historic Country
Store Revolving Loan Fund established under section 5(a).
(5) Historic country store.--The term ``historic country
store'' means a country store that--
(A) has operated at the same location for at least
50 years; and
(B) retains sufficient integrity of design,
materials, and construction to clearly identify the
structure as a country store.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary for
Economic Development.
SEC. 4. HISTORIC COUNTRY STORE PRESERVATION AND REVITALIZATION PROGRAM.
(a) Establishment.--The Secretary shall establish a historic
country store preservation and revitalization program--
(1) to collect and disseminate information on historic
country stores;
(2) to promote State and regional partnerships among
proprietors of historic country stores; and
(3) to sponsor and conduct research on--
(A) the economic impact of historic country stores
in rural areas, including the impact on unemployment
rates and community vitality;
(B) best practices to--
(i) improve the profitability of historic
country stores; and
(ii) protect historic country stores from
foreclosure or seizure; and
(C) best practices for developing cooperative
organizations that address the economic and historic
preservation needs of--
(i) historic country stores; and
(ii) the communities served by the historic
country stores.
(b) Grants.--
(1) In general.--The Secretary may make grants to, or enter
into contracts or cooperative agreements with, eligible
applicants to carry out an eligible project under paragraph
(2).
(2) Eligible projects.--A grant under this subsection may
be made to an eligible applicant for a project--
(A)(i) to rehabilitate or repair a historic country
store; and
(ii) to enhance the economic benefit of the
historic country store to the communities served by the
historic country store;
(B) to identify, document, and conduct research on
historic country stores; and
(C) to develop and evaluate appropriate techniques
or best practices for protecting historic country
stores.
(3) Requirements.--An eligible applicant that receives a
grant for an eligible project under paragraph (1) shall comply
with all applicable requirements for historic preservation
projects under Federal, State, and local law.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(A) identifies the number of grants made under
subsection (b);
(B) describes the type of grants made under
subsection (b); and
(C) includes any other information that the
Secretary determines to be appropriate.
(c) Country Store Alliance Pilot Project.--
(1) In general.--The Secretary shall carry out a pilot
project in the State of Vermont under which the Secretary shall
conduct demonstration activities to preserve historic country
stores and the communities served by the historic country
stores, including--
(A) the collection and dissemination of information
on historic country stores in the State;
(B) the development of collaborative country store
marketing and purchasing techniques; and
(C) the development of best practices for historic
country store proprietors and communities facing
transitions involved in the sale or closure of a
historic country store.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(A) describes the results of the pilot project; and
(B) includes any recommended changes of the
Secretary to the program established under subsection
(a), based on the results of the pilot project.
SEC. 5. HISTORIC COUNTRY STORE REVOLVING LOAN FUND.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Treasury shall establish in
the Treasury of the United States a revolving fund, to be known as the
``Historic Country Store Revolving Loan Fund'', consisting of--
(1) such amounts as are appropriated to the Fund under
subsection (b);
(2) \1/3\ of the amounts appropriated under section 8(a);
and
(3) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Transfers to Fund.--There are appropriated to the Fund amounts
equivalent to--
(1) the amounts repaid on loans under section 6; and
(2) the amounts of the proceeds from the sales of notes,
bonds, obligations, liens, mortgages and property delivered or
assigned to the Secretary pursuant to loans made under section
6.
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide loans under section 6.
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this Act.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(5) 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.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--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.
SEC. 6. LOANS FOR HISTORIC COUNTRY STORE REHABILITATION OR REPAIR
PROJECTS.
(a) In General.--Using amounts in the Fund, the Secretary may make
direct loans to eligible applicants for projects--
(1) to purchase, rehabilitate, or repair historic country
stores; or
(2) to establish microloan funds to make short-term, fixed-
interest rate loans to proprietors of historic country stores.
(b) Applications.--
(1) In general.--To be eligible for a loan under this
section, an eligible applicant shall submit to the Secretary a
complete application for a loan that addresses the criteria
described in paragraph (2).
(2) Considerations for approval or disapproval.--In
determining whether to approve or disapprove an application for
a loan submitted under paragraph (1), the Secretary shall
consider--
(A) the demonstrated need for the purchase,
construction, reconstruction, or renovation of the
historic country store based on the condition of the
historic country store;
(B) the age of the historic country store;
(C) the extent to which the project to purchase,
rehabilitate, or repair the historic country store
includes collaboration among historic country store
proprietors and other eligible applicants; and
(D) any other criteria that the Secretary
determines to be appropriate.
(c) Requirements.--An eligible applicant that receives a loan for a
project under this section shall comply with all applicable standards
for historic preservation projects under Federal, State, and local law.
(d) Report.--Not later than 1 year after the date on which the Fund
is established under subsection (a), and every 2 years thereafter, the
Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that--
(1) identifies--
(A) the number of loans provided under this
section;
(B) the repayment rate of the loans; and
(C) the default rate of the loans; and
(2) includes any other information that the Secretary
determines to be appropriate.
SEC. 7. PERFORMANCE REPORT.
Any eligible applicant that receives financial assistance under
this Act shall, for each fiscal year for which the eligible applicant
receives the financial assistance, submit to the Secretary a
performance report that--
(1) describes--
(A) the allocation of the amount of financial
assistance received under this Act;
(B) the economic benefit of the financial
assistance, including a description of--
(i) the number of jobs retained or created;
and
(ii) the tax revenues generated; and
(2) addresses any other reporting requirements established
by the Secretary.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act, $50,000,000 for the period of fiscal years 2006 through
2011, to remain available until expended.
(b) Country Store Alliance Pilot Project.--Of the amount made
available under subsection (a), not less than $250,000 shall be made
available to carry out section 4(c). | National Historic Country Store Preservation and Revitalization Act of 2006 - Directs the Secretary of Commerce to establish a historic country store preservation and revitalization program to: (1) collect and disseminate information on country stores; (2) promote State and regional partnerships among proprietors of historic country stores; and (3) sponsor and conduct research on the economic impact of historic country stores in rural areas, best practices to improve profitability and protect such stores from foreclosure or seizure, and best practices for developing cooperative organizations that address economic and historic preservation needs of historic country stores and the communities served by them.
Allows the Secretary to make grants to, or enter into contracts or cooperative agreements with, an eligible applicant to carry out a project to: (1) rehabilitate or repair a historic country store; (2) enhance the economic benefit of the historic country store to the communities served; (3) identify, document, and conduct research on historic country stores; and (4) develop and evaluate appropriate techniques or best practices for protecting historic country stores.
Directs the Secretary to carry out a pilot project in Vermont under which the Secretary shall conduct demonstration activities to preserve historic country stores and the communities served.
Authorizes the Secretary, using amounts in the Fund, to make direct loans to eligible applicants for projects to purchase, rehabilitate, or repair historic country stores or to establish microloan funds to make short-term, fixed-interest rate loans to proprietors of such stores. | {"src": "billsum_train", "title": "A bill to establish a national historic country store preservation and revitalization program."} | 2,699 | 299 | 0.684585 | 1.944423 | 0.912643 | 4.630282 | 9.035211 | 0.975352 |
SECTION 1. EXCLUSION FROM INCOME OF EMPLOYER HOMEOWNERSHIP ASSISTANCE.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139 the
following new section:
``SEC. 139A. HOMEOWNERSHIP ASSISTANCE PROGRAMS.
``(a) Exclusion From Gross Income.--
``(1) In general.--Gross income of an eligible employee
does not include amounts paid or incurred by the employer of
such employee for homeownership assistance provided to the
employee if the assistance is furnished pursuant to a
homeownership assistance program described in subsection (b).
``(2) Maximum exclusion.--The amount which may be excluded
under paragraph (1) for homeownership assistance with respect
to an eligible employee shall not exceed an amount equal to 10
percent of the maximum principal obligation for a mortgage
insured under section 203 of the National Housing Act (12
U.S.C. 1709) (as determined in accordance with subsection (b)
of such section) with respect to the residence purchased.
``(b) Homeownership Assistance Program.--For purposes of this
section, a homeownership assistance program is a separate written plan
of an employer for the exclusive benefit of all employees--
``(1) under which the employer provides employees with
homeownership assistance, and
``(2) which meets the requirements of paragraphs (2)
through (6) of section 127(b).
``(c) Definitions; Special Rules.--For purposes of this section--
``(1) Eligible employee.--
``(A) In general.--The term `eligible employee'
means an employee--
``(i) with an adjusted gross income for the
taxable year before the year in which the
homeownership assistance is received which does
not exceed--
``(I) in the case of an individual
described in subsection (c) or (d) of
section 1, $40,000,
``(II) in the case of an individual
described in section 1(b), $50,000, and
``(III) in the case of an
individual described in section 1(a),
$80,000, and
``(ii) who is a first-time homebuyer.
``(B) Cost-of-living adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2003, each dollar amount under subparagraph (A)
shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2002' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding rule.--If any amount after
adjustment under clause (i) is not a multiple
of $1,000, such amount shall be rounded to the
next lower multiple of $1,000.
``(2) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
means any individual if such individual (and if
married, such individual's spouse) had no present
ownership in a principal residence located in the local
area during the 2-year period ending on the date of the
purchase of the principal residence to which this
section applies.
``(B) One-time only.--If an individual is treated
as a first-time homebuyer with respect to any principal
residence, such individual may not be treated as a first-time homebuyer
with respect to any other principal residence.
``(C) Principal residence.--The term `principal
residence' has the same meaning as when used in section
121, except such term shall not include a residence
with a purchase price in excess of an amount equal to
90 percent of the maximum principal obligation for a
mortgage insured under section 203 of the National
Housing Act (12 U.S.C. 1709) (as determined in
accordance with subsection (b) of such section) with
respect to the residence.
``(3) Homeownership assistance.--
``(A) In general.--The term `homeownership
assistance' means any assistance which is used with
respect to a principal residence located in the local
area--
``(i) to pay qualified acquisition costs
(as defined in section 72(t)(8)(C)), but only
if the payment is made--
``(I) in the case of acquisition
costs, before the close of the 120th
day after the day on which such
assistance is received, and
``(II) in the case of costs for
constructing or reconstructing such
residence, before the close of the 30th
day after the day on which such
construction is complete, or
``(ii) to pay for alterations, repairs, and
improvements to such residence, but only if the
payment is made before the close of the 120th
day after the day on which such residence is
purchased.
``(B) Financing assistance; discharge of
indebtedness.--
``(i) In general.--Except as provided in
regulations, if the assistance provided under
any homeownership assistance program consists
of providing (or reducing the costs of)
financing, such assistance shall be treated as
homeownership assistance.
``(ii) Timing.--If the assistance consists
of providing a loan and then discharging all or
a portion of the loan upon completion of a
required period of service, the assistance
shall be treated as provided at the time such
loan, or portion of such loan, is discharged.
``(4) Local area.--A residence shall be considered to be
located in the local area with respect to the employee if such
residence is not more than 50 miles from the employee's
principal place of work. For purposes of this paragraph, the
distance between two points shall be the shortest of the more
commonly traveled routes between such two points.
``(5) Employee.--The term `employee' does not include a
self-employed individual described in section 401(c)(1).
``(6) Test not applicable.--A homeownership assistance
program shall not be held or considered to fail to meet any
requirements of subsection (b) merely because of utilization
rates for the different types of homeownership assistance made
available under the program.
``(7) Relationship to current law.--
``(A) Disallowance of excluded amounts as credit or
deduction.--No deduction or credit shall be allowed to
the employee under any other section of this chapter
for any amount excluded from income by reason of this
section.
``(B) Basis adjustment.--For purposes of this
subtitle, if an exclusion is allowed under subsection
(a) with respect to a residence, the basis of such
residence shall be reduced by the amount of the
exclusion.''.
(b) Reporting Requirements.--Subsection (d)(1) of section 6039D of
the Internal Revenue Code of 1986 (relating to returns and records with
respect to certain fringe benefit plans) is amended by striking ``or
137'' and inserting ``137, or 139''.
(c) Conforming Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to section 139 the following
new item:
``139A. Homeownership assistance
programs.''.
(2) Subsection (a) of section 1016 of such Code (relating
to adjustments to basis) is amended by striking ``and'' at the
end of paragraph (27), by striking the period at the end of
paragraph (28) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(29) in the case of a residence with respect to which
amounts were excluded from income under section 139A, to the
extent provided in section 139A(a).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning December 31, 2002. | Amends the Internal Revenue Code to exclude from an eligible employee's gross income amounts paid or incurred by the employer of such employee as part of a homeownership assistance program meeting specified criteria. Sets as a maximum exclusion for one eligible employee an amount equal to 10 percent of the maximum principal obligation for a mortgage insured under the National Housing Act with respect to the residence purchased.Limits participation to first-time homebuyers with incomes below specified levels.Prohibits the exclusion for employees buying residences with prices in excess of 90 percent of the maximum principal obligation for a mortgage insured under the National Housing Act with respect to the residence.Reduces the basis in a residence by the amount of the exclusion. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to exclude from income amounts received by an employee from an employer as assistance towards the purchase of a principal residence."} | 1,829 | 158 | 0.629133 | 1.728992 | 0.735876 | 3.80916 | 12.717557 | 0.862595 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Solutions Act of 2015''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) The United States has the objective of stabilizing
greenhouse gas concentrations in the atmosphere at a level that
would prevent ``dangerous anthropogenic interference'' with the
climate system by becoming a party to the 1992 United Nations
Framework Convention on Climate Change, pledging to China to
reduce greenhouse gas emissions to 28 percent of their 2005
levels by 2025, and regulating greenhouse gas emissions from
stationary sources, mobile sources, and electrical power
suppliers.
(2) To achieve this objective, the increase in global mean
surface temperature should not exceed 2C (3.6F) above
preindustrial temperature, much of which is already projected
to occur by the Intergovernmental Panel on Climate Change.
(3) The risks associated with a temperature increase above
2C (3.6F) are grave, including the disintegration of the
Greenland ice sheet, which, if it were to melt completely,
would raise global average sea level by approximately 23 feet,
devastating many of the world's coastal areas and population
centers.
(4) The Intergovernmental Panel on Climate Change projects
that temperatures will rise between 1.8C to 4.0C (3.2F to
7.2F) by the end of the century, under a range of expected
emissions trends, but if there are common goals to limit
greenhouse gas emissions, the temperature increase can be
limited to 2C (3.6F) or less.
(5) Serious global warming impacts have already been
observed in the United States and worldwide, including--
(A) increases in heat waves and other extreme
weather events;
(B) rise in sea level, retreat of glaciers and
polar ice;
(C) decline in mountain snowpack, increased drought
(including droughts in the West and South United
States) resulting in damage to our economy and
property;
(D) extreme weather conditions resulting in
wildfires, stronger hurricanes and polar vortex
occurrences resulting in further damage to property and
our economy;
(E) damage to our environment such as ocean
acidification, extensive coral bleaching, migrations,
and shifts in the yearly cycles of plants and animals;
and
(F) effects on human population including
population displacement and adverse health effects such
as the spread of infectious diseases and climate-
related conditions such as asthma.
(6) Scientists project that under a midrange estimate of
global warming, by 2050, roughly 25 percent of animal and plant
species will be committed to extinction.
(7) Decisive action is needed to minimize the many dangers
posed by global warming.
(8) The timing of such action is critical, given that
greenhouse gases can persist in the atmosphere for more than a
century.
(9) The International Energy Agency has warned in its most
recent World Energy Outlook report that, unless there is a
serious commitment to investing in zero carbon renewable energy
resources, much of the amount of projected limits necessary to
avoid greenhouse-gas-emission-caused dangerous anthropogenic
interference with the climate system will be locked in and
exceeded.
(10) PricewaterhouseCoopers Low Carbon Economy Index Report
estimates that carbon-based fuel use needs to be reduced 6.5
percent per year through the year 2100, nearly six times the
current rate, to avoid dangerous anthropogenic interference
with the climate system.
(11) With only 5 percent of the world population, the
United States emits approximately 20 percent of the world's
total greenhouse gas emissions and must be a leader in
addressing global warming.
(12) The State of California, the 8th largest economy in
the world, has shown that renewable energy standards and
greenhouse gas emissions regulation can reduce greenhouse gas
emissions while fostering significant economic growth.
(13) Existing energy efficiency and clean, renewable energy
technologies can reduce global warming pollution, while saving
consumers money, reducing our dependence on oil, enhancing
national security, cleaning the air, and protecting pristine
places from drilling and mining.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should participate in negotiations under the 1992 United
Nations Framework Convention on Climate Change and honor its
commitments therefrom with the objective of securing United States
participation in agreements that--
(1) establish mitigation commitments by all countries that
are major emitters of greenhouse gases, consistent with the
principle of common but differentiated responsibilities;
(2) achieve reductions in global greenhouse gas emissions
at a pace and level sufficient to avoid dangerous interference
with the Earth's climate; and
(3) advance and protect the economic and national security
interests of the United States.
TITLE I--RENEWABLE ENERGY
SEC. 101. NATIONAL RENEWABLE ENERGY STANDARD.
Title VI of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 824a-4 et seq.) is amended by adding at the end the following:
``SEC. 610. NATIONAL RENEWABLE ENERGY STANDARD.
``(a) In General.--The Secretary shall promulgate regulations
requiring that--
``(1) beginning in calendar year 2020, the percentage of
electric energy generated from renewable sources that is sold
at the retail level in the United States shall increase each
year;
``(2) in calendar year 2030 and each subsequent calendar
year, such percentage shall be not less than 40 percent of the
total electric energy sold at the retail level in the United
States; and
``(3) in calendar year 2050 and each subsequent calendar
year, such percentage shall not be less than 80 percent of the
total electric energy sold at the retail level in the United
States.
``(b) Consultation.--The Secretary shall carry out this section in
consultation with the Administrator of the Environmental Protection
Agency.
``(c) Subsequent Increases.--Upon petition or upon the Secretary's
own initiative, the Secretary may increase the percentage required by
subsection (a)(2).
``(d) Rule of Construction.--Nothing in this section shall be
construed to preempt or limit State actions to enhance renewable energy
generation or energy efficiency.''.
TITLE II--ENERGY EFFICIENCY
SEC. 201. NATIONAL ENERGY EFFICIENCY STANDARD.
Title VI of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 824a-4 et seq.), as amended by section 101 of this Act, is
amended by adding at the end the following:
``SEC. 611. NATIONAL ENERGY EFFICIENCY STANDARD.
``(a) In General.--The Secretary shall promulgate regulations in
accordance with this section setting end-user savings targets for
retail electric energy and natural gas suppliers.
``(b) Consultation.--The Secretary shall carry out this section in
consultation with the Administrator of the Environmental Protection
Agency.
``(c) Requirements.--With respect to targets under subsection (a):
``(1) The targets shall require each supplier to secure
annual savings of a set percentage of the supplier's most
recent year's sales to retail customers.
``(2) The savings shall be achieved through end-use
efficiency improvements at customer facilities.
``(3) The targets--
``(A) for retail electric energy suppliers shall
increase gradually from 0.25 percent of sales in 2018
to 1.5 percent of sales in 2023 and each year
thereafter through 2028; and
``(B) for retail natural gas suppliers shall
increase gradually from 0.25 percent of sales in 2018
to 0.5 percent of sales in 2023 and each year
thereafter through 2028.
``(4) The targets are cumulative. Each year's savings shall
be achieved in addition to the previous years' savings.
``(d) Required Percentages After 2028.--The Secretary may, upon
petition or upon the Secretary's own initiative, increase the required
percentage of end-user savings for years after 2028.
``(e) Market-Based Trading System.--The Secretary shall allow
suppliers to achieve the targets under subsection (a) through a market-
based trading system.
``(f) Rule of Construction.--Nothing in this section shall be
construed to preempt or limit State actions to enhance renewable energy
generation or energy efficiency.''.
TITLE III--SCIENCE-BASED REDUCTIONS
SEC. 301. EMISSION REDUCTION TARGETS.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency (in this title
referred to as the ``Administrator'') shall promulgate annual emission
reduction targets for each of calendar years 2030 through 2050, so as
to ensure that the quantity of United States greenhouse gas emissions--
(1) in 2035, is at least 40 percent below the quantity of
such emissions in 1990; and
(2) in 2050, is at least 80 percent below the quantity of
such emissions in 1990.
SEC. 302. NATIONAL ACADEMIES REVIEW.
Not later than 5 years after the date of the enactment of this Act,
and every 5 years thereafter, the Administrator shall enter into an
arrangement with the National Academies (or, if the National Academies
decline to enter into such arrangement, another appropriate entity)
under which the National Academies, acting through the National Academy
of Sciences and the National Research Council, will submit a report to
the Administrator and the Congress on the prospects for avoiding
dangerous anthropogenic interference with the climate system and the
progress made to date. Each such report shall--
(1) evaluate whether the emission reduction targets
promulgated pursuant to section 301 and the policies to reduce
United States greenhouse gas emissions under this Act, the
amendments made by this Act, and other provisions of law,
including the Clean Air Act (42 U.S.C. 7401 et seq.), are
likely to be sufficient to avoid dangerous climate change,
taking into account the actions of other nations; and
(2) if the National Academies concludes that such targets
and policies are not likely to be sufficient to avoid dangerous
climate change--
(A) identify the needed amount of further
reductions in atmospheric greenhouse gas
concentrations; and
(B) recommend additional United States and
international actions to further reduce atmospheric
greenhouse gas concentrations.
SEC. 303. REGULATIONS.
(a) In General.--The Administrator shall--
(1) not later than 7 years after the date of enactment of
this Act, promulgate final regulations to implement the
emission reduction targets under section 301; and
(2) not less than every 5 years thereafter--
(A) review such regulations, taking into account
the reports under section 302; and
(B) revise such regulation as necessary to
implement such emission reduction targets.
(b) Rulemaking on Recommendations of National Academies.--If any
report under section 302 includes a recommendation under section
302(2)(B) for regulatory action by a Federal department or agency, and
such regulatory action is within the authority of such department or
agency (under law other than this subsection), the head of such
department or agency shall, not later than 2 years after the submission
of such report, finalize a rulemaking--
(1) to carry out such regulatory action; or
(2) to explain the reasons for declining to act.
(c) Additional Regulations.--The regulations promulgated under
subsection (a) may include additional regulations to reduce emissions
of United States greenhouse gases from any source or sector. Any such
regulations that address sources whose greenhouse gas emissions are
regulated pursuant to section 111(d) of the Clean Air Act (42 U.S.C.
7411(d)) shall account for the compliance schedule promulgated pursuant
to such section 111(d). Regulations under this section may include
market-based measures, emissions performance standards, efficiency
performance standards, best management practices, technology-based
requirements, and other forms of requirements.
(d) Relation to Other Authority.--The authority vested by this
title is in addition to the authority to regulate greenhouse gas
emissions pursuant to other provisions of law.
SEC. 304. SAVINGS CLAUSE.
Nothing in this title shall be interpreted to preempt or limit
State actions to address climate change.
SEC. 305. DEFINITIONS.
In this title:
(1) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons;
(F) sulfur hexafluoride; or
(G) any other anthropogenically emitted gas that is
determined by the Administrator, after notice and
comment, to contribute to global warming to a non-
negligible degree.
(2) United states greenhouse gas emissions.--The term
``United States greenhouse gas emissions'' means the total
quantity of greenhouse gas emissions calculated by the
Administrator on an annual basis and reported to the United
Nations Framework Convention on Climate Change Secretariat. | Climate Solutions Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 by directing the Department of Energy (DOE) to promulgate regulations that require the percentage of electric energy generated from renewable sources that is sold at the retail level to increase each year beginning in 2020 so that in 2050 and each subsequent year, the percentage is at least 80%. DOE must also promulgate regulations that set cumulative energy savings targets for retail electric energy and natural gas suppliers that require each supplier to secure annual savings that are achieved through end-use efficiency improvements at customer facilities. For electric energy suppliers, the targets must increase from .25% of sales in 2018 to 1.5% of sales in 2023 and each year thereafter through 2028. For natural gas suppliers, the target must increase from .25% of sales in 2018 to .5% of sales in 2023 and each year thereafter through 2028. DOE must allow suppliers to achieve the targets through a market-based trading system. The Environmental Protection Agency (EPA) must promulgate annual emission reduction targets for each of 2030 through 2050 to ensure that U.S. greenhouse gas emissions: (1) in 2035 are at least 40% below those in 1990, and (2) in 2050 are at least 80% below those in 1990. The EPA must promulgate final regulations to implement those targets within 7 years and review them at least every 5 years thereafter. | {"src": "billsum_train", "title": "Climate Solutions Act of 2015"} | 2,850 | 293 | 0.360508 | 1.184745 | 0.651986 | 3.395522 | 9.761194 | 0.902985 |
SECTION 1. COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR
LOSS AS A RESULT OF ALOPECIA AREATA.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR
INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA
AREATA.
``(a) Requirement.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, shall provide coverage for
scalp hair prosthesis for a participant or beneficiary who has
scalp hair loss as a result of alopecia areata if the attending
physician of the participant or beneficiary certifies in
writing the medical necessity of that proposed course of
rehabilitative treatment.
``(2) Cost-sharing.--The coverage required under this
subsection is not subject to dollar limits, deductibles, and
coinsurance provisions that are less favorable than those for
other prosthesis coverage under the plan or coverage, except
that a group health plan or health insurance issuer may provide
that the plan or issuer will only pay for 80 percent of the
customary and usual costs of the scalp hair prosthesis
exclusive of any deductible.
``(3) Definition.--As used in this subsection, the term
`scalp hair prosthesis' includes any artificial substitutes for
scalp hair.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS
WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
``(a) Requirement.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, shall provide coverage for
scalp hair prosthesis for a participant or beneficiary who has
scalp hair loss as a result of alopecia areata if the attending
physician of the participant or beneficiary certifies in
writing the medical necessity of that proposed course of
rehabilitative treatment.
``(2) Cost-sharing.--The coverage required under this
subsection is not subject to dollar limits, deductibles, and
coinsurance provisions that are less favorable than those for
other prosthesis coverage under the plan or coverage, except
that a group health plan or health insurance issuer may provide
that the plan or issuer will only pay for 80 percent of the
customary and usual costs of the scalp hair prosthesis
exclusive of any deductible.
``(3) Definition.--As used in this subsection, the term
`scalp hair prosthesis' includes any artificial substitutes for
scalp hair.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Requirement for coverage of hair prostheses for individuals
with scalp hair loss as a result of
alopecia areata.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Requirement for coverage of
hair prostheses for individuals
with scalp hair loss as a
result of alopecia areata.'';
and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR
INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA
AREATA.
``(a) Requirement.--A group health plan shall provide coverage for
scalp hair prosthesis for an participant or beneficiary who has scalp
hair loss as a result of alopecia areata if the attending physician of
the participant or beneficiary certifies in writing the medical
necessity of that proposed course of rehabilitative treatment.
``(b) Cost-Sharing.--The coverage required under this section is
not subject to dollar limits, deductibles, and coinsurance provisions
that are less favorable than those for other prosthesis coverage under
the plan or coverage, except that a group health plan may provide that
the plan will only pay for 80 percent of the customary and usual costs
of the scalp hair prosthesis exclusive of any deductible.
``(c) Definition.--As used in this section, the term `scalp hair
prosthesis' includes any artificial substitutes for scalp hair.''.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR
INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA
AREATA.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2001.
(2) Individual health insurance coverage.--The amendments
made by subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2001.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Amends the Public Health Service Act to apply this Act's requirement to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to coverage offered in the small or large group market. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for hair prostheses for individuals with scalp hair loss as a result of alopecia areata."} | 2,274 | 50 | 0.43381 | 1.076361 | 0.534634 | 5.340909 | 42.75 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Right to Know Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States Supreme Court announced in the
landmark decision, Communications Workers of America v. Beck
(487 U.S. 735), that employees who work under a union security
agreement, and are required to pay union dues as a condition of
employment, may not be forced to contribute through such dues
to union-supported political, legislative, social, or
charitable causes with which they disagree, and may only be
required to pay dues related to collective bargaining, contract
administration, and grievance adjustment necessary to
performing the duties of exclusive representation.
(2) Little action has been taken by the National Labor
Relations Board to facilitate the ability of employees to
exercise their right to object to the use of their union dues
for political, legislative, social, or charitable purposes, or
other activities not necessary to performing the duties of the
exclusive representative of employees in dealing with the
employer on labor-management issues, and the Board only
recently issued its first ruling implementing the Beck decision
nearly 8 years after the Supreme Court issued the opinion.
(3) The evolution of the right enunciated in the Beck
decision has diminished its meaningfulness because employees
are forced to forego critical workplace rights bearing on their
economic well-being in order to object to the use of their dues
for purposes unrelated to collective bargaining, to rely on the
very organization they are challenging to make the
determination regarding the amount of dues necessary to the
union's representational function, and do not have access to
clear and concise financial records that provide an accurate
accounting of how union dues are spent.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that workers who are required
to pay union dues as a condition of employment have adequate
information about how the money they pay in dues to a union is spent
and to remove obstacles to the ability of working people to exercise
their right to object to the use of their dues for political,
legislative, social, or charitable causes with which they disagree, or
for other activities not necessary to performing the duties of the
exclusive representative of employees in dealing with the employer on
labor-management issues.
SEC. 4. WORKER CHOICE.
(a) Rights of Employees.--Section 7 of the National Labor Relations
Act is amended by striking ``membership'' and all that follows and
inserting the following: ``the payment to a labor organization of dues
or fees related to collective bargaining, contract administration, or
grievance adjustment necessary to performing the duties of exclusive
representation as a condition of employment as authorized in section
8(a)(3).''.
(b) Unfair Labor Practices.--Section 8(a)(3) of such Act is amended
by striking ``membership therein'' and inserting ``the payment to such
labor organization of dues or fees related to collective bargaining,
contract administration, or grievance adjustment necessary to
performing the duties of exclusive representation''.
SEC. 5. WORKER CONSENT.
(a) Written Agreement.--Section 8 of the National Labor Relations
Act is amended by adding at the end the following:
``(h) An employee subject to an agreement between an employer and a
labor organization requiring the payment of dues or fees to such
organization as authorized in section 8(a)(3) may not be required to
pay to such organization, nor may such organization accept payment of,
any dues or fees not related to collective bargaining, contract
administration, or grievance adjustment necessary to performing the
duties of exclusive representation unless the employee has agreed to
pay such dues or fees in a signed written agreement that must be
renewed between the first day of September and the first day of October
of each year. Such signed written agreement shall include a ratio,
certified by an independent auditor, of the dues or fees related to
collective bargaining, contract administration, or grievance adjustment
necessary to performing the duties of exclusive representation and the
dues or fees related to other purposes.''.
(b) Written Assignment.--Section 302(c)(4) of the Labor Management
Relations Act, 1947 is amended by inserting before the semicolon the
following: ``: Provided further, That no amount may be deducted for
dues unrelated to collective bargaining, contract administration, or
grievance adjustment necessary to performing the duties of exclusive
representation unless a written assignment authorizes such a
deduction''.
SEC. 6. WORKER NOTICE.
Section 8 of the National Labor Relations Act is amended by adding
at the end the following:
``(i) An employer shall be required to post a notice, of such size
and in such form as the Board shall prescribe, in conspicuous places in
and about its plants and offices, including all places where notices to
employees are customarily posted, informing employees of their rights
under section 7 of this Act and clarifying to employees that an
agreement requiring the payment of dues or fees to a labor organization
as a condition of employment as authorized in subsection (a)(3) may
only require that employees pay to such organization any dues or fees
related to collective bargaining, contract administration, or grievance
adjustment necessary to performing the duties of exclusive
representation. A copy of such notice shall be provided to each
employee not later than 10 days after the first day of employment.''.
SEC. 7. WORKER ECONOMIC RIGHTS.
Section 8(b)(1) of the National Labor Relations Act is amended by
inserting after ``therein;'' the following: ``except that, an employee
subject to an agreement between an employer and a labor organization
requiring as a condition of employment the payment of dues or fees to
such organization as authorized in subsection (a)(3), who pays such
dues or fees, shall have the same right to participate in the affairs
of the organization related to collective bargaining, contract
administration, or grievance adjustment as any member of the
organization;''.
SEC. 8. DISCLOSURE TO WORKERS.
(a) Expenses Reporting.--Section 201(b) of the Labor-Management
Reporting and Disclosure Act of 1959 is amended by adding at the end
the following new sentence: ``Every labor organization shall be
required to attribute and report expenses by function classification in
such detail as necessary to allow its members to determine whether such
expenses were related to collective bargaining, contract
administration, or grievance adjustment necessary to performing the
duties of exclusive representation or were related to other
purposes.''.
(b) Disclosure.--Section 201(c) of the Labor-Management Reporting
and Disclosure Act of 1959 is amended--
(1) by inserting ``and employees required to pay any dues
or fees to such organization'' after ``members''; and
(2) inserting ``or employee required to pay any dues or
fees to such organization'' after ``member'' each place it
appears.
(c) Regulations.--The Secretary of Labor shall prescribe such
regulations as are necessary to carry out the amendments made by this
section not later than 120 days after the date of the enactment of this
Act.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date of enactment, except that
the requirements contained in the amendments made by sections 5 and 6
shall take effect 60 days after the date of the enactment of this Act. | Worker Right to Know Act - Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation.
Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes.
Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction.
Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. Directs the National Labor Relations Board to prescribe the size and form of such notice.
Provides, under NLRA, that employees subject to union security agreements who pay dues and fees for the required limited purposes shall have the same right as any union member to participate in union affairs related to such purposes (collective bargaining, contract administration, or grievance adjustment).
Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to prescribe related regulations. | {"src": "billsum_train", "title": "Worker Right to Know Act"} | 1,615 | 407 | 0.564296 | 1.831626 | 0.754523 | 3.360111 | 4.174515 | 0.889197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional, Presidential, and
Judicial Pension Forfeiture Act''.
SEC. 2. CONVICTION OF CERTAIN OFFENSES.
(a) In General.--Section 8312(a) of title 5, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'';
(3) by adding after paragraph (2) the following new
paragraph:
``(3) is convicted of an offense named by subsection (d),
to the extent provided by that subsection.'';
(4) by striking ``and'' at the end of subparagraph (A);
(5) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(6) by adding after subparagraph (B) the following new
subparagraph:
``(C) with respect to the offenses named by subsection (d)
of this section, to the period after the date of the
conviction.''.
(b) Identification of Offenses.--Section 8312 of title 5, United
States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) The offenses under paragraph (2) are the offenses to which
subsection (a) of this section applies, but only if--
``(A) the individual is convicted of such offense after the
date of the enactment of the Congressional, Presidential, and
Judicial Pension Forfeiture Act;
``(B) the individual was a Member of Congress (including
the Vice President), a congressional employee, or a Federal
justice or judge at the time of committing the offense; and
``(C) the offense is punishable by imprisonment for more
than 1 year.
``(2) The offenses under this paragraph are as follows:
``(A) An offense within the purview of--
``(i) section 201 of title 18 (bribery of public
officials and witnesses);
``(ii) section 203 of title 18 (compensation to
Members of Congress, officers, and others in matters
affecting the Government);
``(iii) section 204 of title 18 (practice in United
States Court of Federal Claims or the United States
Court of Appeals for the Federal Circuit by Members of
Congress);
``(iv) section 205 of title 18 (activities of
officers and employees in claims against and other
matters affecting the Government);
``(v) section 207 of title 18 (restrictions on
former officers, employees, and elected officials of
the executive and legislative branches);
``(vi) section 208 of title 18 (acts affecting a
personal financial interest);
``(vii) section 209 of title 18 (salary of
Government officials and employees payable only by the
United States);
``(viii) section 219 of title 18 (officers and
employees acting as agents of foreign principals);
``(ix) section 286 of title 18 (conspiracy to
defraud the Government with respect to claims);
``(x) section 287 of title 18 (false, fictitious,
or fraudulent claims);
``(xi) section 371 of title 18 (conspiracy to
commit offense or to defraud the United States;
``(xii) section 597 of title 18 (expenditures to
influence voting);
``(xiii) section 599 of title 18 (promise of
appointment by candidate);
``(xiv) section 602 of title 18 (solicitation of
political contributions);
``(xv) section 606 of title 18 (intimidation to
secure political contributions);
``(xvi) section 607 of title 18 (place of
solicitation);
``(xvii) section 641 of title 18 (public money,
property or records); or
``(xviii) section 1001 of title 18 (statements or
entries generally).
``(B) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
subparagraph (A).
``(C) Subornation of perjury committed in connection with
the false denial of another individual as specified by
subparagraph (B).''.
SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.
(a) In General.--Section 8313 of title 5, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) An individual, or his survivor or beneficiary, may not be
paid annuity or retired pay on the basis of the service of the
individual which is creditable toward the annuity or retired pay,
subject to the exceptions in section 8311(2) and (3) of this title, if
the individual--
``(1) is under indictment, after the date of the enactment
of the Congressional, Presidential, and Judicial Pension
Forfeiture Act, for an offense named by section 8312(d)(2) of
this title, but only if such offense satisfies section
8312(d)(1)(C) of this title;
``(2) willfully remains outside the United States, or its
territories and possessions including the Commonwealth of
Puerto Rico, for more than 1 year with knowledge of the
indictment or charges, as the case may be; and
``(3) is an individual described in section
8312(d)(1)(B).''.
(b) Conforming Amendment.--Subsection (c) of section 8313 of title
5, United States Code (as so designated under subsection (a)(1)) is
amended by inserting ``or (b)'' after ``subsection (a)''.
SEC. 4. REFUND OF CONTRIBUTIONS AND DEPOSITS.
Section 8316(b) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) if the individual was convicted of an offense named
by section 8312(d) of this title, for the period after the
conviction of the violation.''.
SEC. 5. FORFEITURE OF PRESIDENTIAL ALLOWANCE.
Subsection (a) of the first section of the Act entitled ``An Act to
provide retirement, clerical assistance, and free mailing privileges to
former Presidents of the United States, and for other purposes'',
approved August 25, 1958 (Public Law 85-745; 72 Stat. 838; 3 U.S.C. 102
note) is amended--
(1) by striking ``Each former President'' and inserting
``(1) Subject to paragraph (2), each former President''; and
(2) by inserting at the end the following new paragraph:
``(2) The allowance payable to an individual under paragraph (1)
shall be forfeited if--
``(A) the individual is convicted of an offense described
under section 8312(d)(2) of title 5, United States Code, after
the date of the enactment of the Congressional, Presidential,
and Judicial Pension Forfeiture Act;
``(B) such individual committed such offense during the
individual's term of office as President; and
``(C) the offense is punishable by imprisonment for more
than 1 year.''. | Congressional, Presidential, and Judicial Pension Forfeiture Act - Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of committing, while a Member of Congress (including the Vice-President), a congressional employee, or a Federal justice or judge one of specified offenses relating to his or her duties of office which is punishable by imprisonment for more than one year, including bribery of public officials, representing others in claims against the Government, making or receiving expenditures to influence voting, and engaging in acts affecting a personal financial interest.
Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for one of the offenses; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge.
Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction of the violation.
Amends Federal law to provide for the forfeiture of the retirement allowance payable to each former President if: (1) such former President is convicted of an offense after the date of enactment of this Act; and (2) such offense was committed during such former President's term of office as President. Makes such offense punishable by imprisonment for more than one year. | {"src": "billsum_train", "title": "Congressional, Presidential, and Judicial Pension Forfeiture Act"} | 1,751 | 346 | 0.574043 | 1.558443 | 0.740473 | 3.297297 | 5.47973 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Delivery Improvement Act of
2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in addition to amounts available as of the date of
enactment of this Act, the United States needs to expend
$20,000,000,000 to maintain the transportation infrastructure
of the United States;
(2) up to $80,000,000,000 per year in additional spending
could be used for projects that would provide positive economic
returns;
(3) the United States needs at least $255,000,000,000 per
year in transportation spending during the 50-year period after
the date of enactment of this Act--
(A) to maintain the transportation system of the
United States in a state of good repair; and
(B) to complete necessary upgrades of that system;
(4) transportation spending as of the date of enactment of
this Act falls 60 percent short of the amount required; and
(5) because revenues deposited in the Highway Trust Fund
are declining--
(A) transportation project costs need to be
reduced; and
(B) regulatory requirements for those projects
should be streamlined.
SEC. 3. ENVIRONMENTAL REVIEW PROCESS.
(a) Use of Proprietary and Experimental Products.--Section 112 of
title 23, United States Code, is amended by adding at the end the
following:
``(h) Use of Proprietary and Experimental Products.--
Notwithstanding any other provision of this section--
``(1) a State may use for any highway project 1 or more
proprietary, patented, or experimental products selected by the
State without competitive bidding or approval by the Secretary;
and
``(2) the use by the State of a product described in
paragraph (1) for a highway project shall not affect the
eligibility of the State or the highway project to receive
Federal funds.''.
(b) Preservation of Parklands.--Section 138 of title 23, United
States Code, is repealed.
(c) Participating Agencies.--Section 139 of title 23, United States
Code, is amended--
(1) in subsection (c)(5), by striking ``may be'' and
inserting ``shall be'';
(2) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) In general.--The lead agency shall be responsible
for--
``(A) determining the purpose of and need for a
project; and
``(B) inviting and designating participating
agencies in accordance with this subsection.''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``provide an
opportunity for involvement by participating agencies
and the public in defining'' and inserting ``provide
for an opportunity for public comment on the definition
of'';
(B) in paragraph (2)--
(i) by striking ``Following participation
under paragraph (1)'' and inserting the
following:
``(A) In general.--After the period of public
comment under paragraph (1)''; and
(ii) by adding at the end the following:
``(B) Long-range transportation plan.--For a
project included in an adopted long-range
transportation plan under section 134 or 135, the lead
agency may use the purpose and need presented in the
plan without further agency collaboration.''; and
(C) in paragraph (4), by striking subparagraph (B)
and inserting the following:
``(B) Range of alternatives.--
``(i) In general.--Following participation
under paragraph (1), the lead agency shall
determine the range of alternatives for
consideration in any document which the lead
agency is responsible for preparing for the
project.
``(ii) Exclusion of alternatives.--The lead
agency may exclude from consideration under
clause (i) any alternative that, as determined
by the lead agency, would not meet the purpose
of and need for the project determined under
paragraph (1)(A), regardless of whether the
alternative would impact the environment to a
greater degree than the preferred
alternative.''.
(d) Limitations on Claims.--Section 139(l) of title 23, United
States Code, is amended--
(1) in each of paragraphs (1) and (2), by striking ``180
days'' each place it appears and inserting ``90 days''; and
(2) by adding at the end the following:
``(3) Burden of proof.--In any claim described in the first
sentence of paragraph (1), the individual or entity bringing
the claim shall bear the burden of proving the claim.''.
(e) Exclusions; Document Combination.--Section 139 of title 23,
United States Code, is amended by adding at the end the following:
``(m) Categorical Exclusions; Document Combination.--
``(1) Categorical exclusions.--
``(A) In general.--A highway project carried out
within the right-of-way of a Federal-aid highway or a
highway funded under section 118(e) shall be considered
to be a categorical exclusion under section 771.117(a)
of title 23, Code of Federal Regulations (or a
successor regulation).
``(B) State authority.--A State may designate or
classify a highway project carried out by the State as
a categorical exclusion under section 771.117(a) of
title 23, Code of Federal Regulations (or a successor
regulation).
``(2) Document combination.--To further expedite the
environmental review process for a project under this section,
the Secretary may combine the final environmental impact
statement and the record of decision for the project if a
preferred alternative is identified in the environmental impact
statement.''.
(f) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic
Sites; De Minimis Impacts.--Section 303 of title 49, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 303. Policy on lands and wildlife and waterfowl refuges'';
(2) in subsection (a), by striking ``, wildlife and
waterfowl refuges, and historic sites'' and inserting ``and
wildlife and waterfowl refuges'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Subject to subsection
(d), the Secretary'' and inserting ``The
Secretary''; and
(ii) by striking ``, or land of an historic
site of national, State, or local significance
(as determined by the Federal, or local
officials having jurisdiction over the park,
area, refuge, or site)''; and
(B) by striking paragraphs (1) and (2) and
inserting the following:
``(1)(A) there is no prudent and feasible alternative to
using that land; and
``(B) the program or project includes all practicable
planning to minimize harm to the park, recreation area, or
wildlife and waterfowl refuge resulting from the use; or
``(2) the Governor of the State, and, if applicable, the
mayor or chief executive officer of the city, county, or
borough having management responsibility for or ownership of
areas or sites described in paragraph (1)(B) agree that the
transportation project is the preferred alternative.''; and
(4) by striking subsection (d). | Project Delivery Improvement Act of 2011 - Authorizes a state to select without competitive bidding or the approval of the Secretary of Transportation (DOT) one or more proprietary, patented, or experimental products for use in a federal-aid highway project. Declares that state use of such products shall not affect the eligibility of the state or highway project to receive federal funding.
Repeals certain parkland preservation requirements prohibiting the Secretary from approving a transportation program or project requiring the use of public park lands unless there is no feasible alternative to the use of such land.
Makes the lead agency responsible for determining the purpose of and need for a project.
Decreases from 180 days to 90 days after publication in the Federal Register of a notice that a permit, license, or approval for a highway or public transportation capital project is final the deadline for filing a claim seeking judicial review of the permit, license, or approval. Places the burden of proof of the claim on the claimant.
Authorizes a state to designate a highway project as a categorical exclusion (that does not involve significant environmental impact).
Revises U.S. policy on public lands and wildlife and waterfowl refuges to exclude historic sites. Authorizes the Secretary to approve a transportation program or project (other than a park road or parkway project) requiring the use of a park, recreation area, or wildlife and waterfowl refuge only if the Governor of the state (or mayor or chief executive of the city, county, or borough with management responsibility for or ownership of the area) agrees that such project is the preferred alternative. | {"src": "billsum_train", "title": "A bill to amend titles 23 and 49, United States Code, to streamline the environmental review process for highway projects, and for other purposes."} | 1,628 | 361 | 0.508841 | 1.589766 | 0.781632 | 2.543046 | 5.092715 | 0.847682 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supply Our Soldiers Act of 2011''.
SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
United States Postal Service, shall provide for a program under which
postal benefits shall be provided to qualified individuals in
accordance with succeeding provisions of this Act.
(b) Qualified Individual.--For purposes of this Act, the term
``qualified individual'' means an individual who is--
(1) a member of the Armed Forces of the United States on
active duty (as defined in section 101 of title 10, United
States Code); and
(2)(A) serving in Iraq or Afghanistan; or
(B) hospitalized at a facility under the jurisdiction of
the Armed Forces of the United States as a result of a disease
or injury incurred as a result of service in Iraq or
Afghanistan.
(c) Postal Benefits Described.--
(1) In general.--The postal benefits provided under this
Act shall consist of such coupons or other similar evidence of
credit (whether in printed, electronic, or other format, and
hereinafter in this Act referred to as ``vouchers'') as the
Secretary of Defense (in consultation with the Postal Service)
shall determine, entitling the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--For purposes of this Act, the term
``qualified mailing'' means the mailing of a single mail piece
which--
(A) is described in subparagraph (A) or (B) of
paragraph (3);
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to a qualified individual.
(3) Mail described.--Mail described in this paragraph is--
(A) any first-class mail (including any sound- or
video-recorded communication) not exceeding 13 ounces
in weight and having the character of personal
correspondence; and
(B) parcel post not exceeding 15 pounds in weight.
(4) Limitations.--
(A) Number.--An individual shall be eligible for 1
voucher for each month in which such individual is a
qualified individual.
(B) Use.--Any such voucher may not be used--
(i) for more than a single qualified
mailing; or
(ii) the expiration date of such voucher,
as designated by the Secretary of Defense.
(5) Coordination rule.--Postal benefits under this Act
shall be in addition to, and not in lieu of, any reduced rates
of postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe any regulations necessary to carry
out this Act, including--
(1) procedures by which vouchers will be provided or made
available in timely manner to persons duly identified by
qualified individuals to receive those vouchers; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (c)(4)(A).
SEC. 3. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Department of Defense, for fiscal years 2012 through 2017, a sum
determined by the Department of Defense to be equal to the expenses
incurred by the Department in providing the benefits described in
subsection (b)(3) for such fiscal years. Such sum shall be derived from
amounts appropriated in each such fiscal for the Operation and
Maintenance, Defense-wide, for the Office of the Secretary of Defense,
and shall not to exceed $75 million for the total period beginning with
fiscal year 2012 and ending with fiscal year 2017.
(b) Transfers to Postal Service.--
(1) Based on estimates.--The Department of Defense shall
transfer to the Postal Service, out of any amount so
appropriated and in advance of each calendar quarter during
which postal benefits under this Act may be used, an amount
equal to the amount of postal benefits that the Department of
Defense estimates will be used during such quarter, reduced or
increased (as the case may be) by any amounts by which the
Department finds that a determination under this section for a
prior quarter was greater than or less than the amount finally
determined for such quarter.
(2) Based on annual determination.--For each of the fiscal
years 2012 through 2016, an annual determination of the amount
necessary to correct any previous determination under this
section during such fiscal year, and any transfer of amounts
between the Postal Service and the Department of Defense based
on that annual determination, shall be made not later than 6
months after the end of such fiscal year.
(3) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than 6 months
after the end of fiscal year 2017.
(c) Consultation Required.--All estimates and determinations under
this section of the amount of postal benefits under this Act used in
any period shall be made by the Department of Defense in consultation
with the Postal Service.
SEC. 4. DURATION.
The postal benefits under this Act shall apply with respect to mail
matter sent during the period beginning on October 1, 2011, and ending
on September 30, 2017. | Supply Our Soldiers Act of 2011 - Directs the Secretary of Defense (DOD) to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan, or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings.
Makes the benefits program applicable during FY2012-FY2017. | {"src": "billsum_train", "title": "To provide for free mailing privileges for personal correspondence and parcels sent to members of the Armed Forces serving on active duty in Iraq or Afghanistan."} | 1,221 | 120 | 0.575767 | 1.478677 | 0.535506 | 2.67619 | 11.019048 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor Statistics Improvement Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established an independent commission to be known as the
``Commission to Improve Labor Statistics''.
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine and make an assessment of the process by which
the Bureau of Labor Statistics collects, processes, analyzes,
and disseminates statistical data relating to unemployment
rates, including--
(A) the methods used for determining that an
individual is or is not considered to be looking for
work, including what constitutes actively looking
versus passively looking or ``discouraged'' and how to
take into account the intensity with which individuals
are searching for a job; and
(B) the utility of the six measures used by the
Bureau for reporting labor underutilization;
(2) formulate recommendations for any improvement to such
process and methods, including proposals for any alternative
measures of labor force participation, taking into account
evidence that--
(A) the official unemployment rate doesn't always
accurately reflect labor market strength; and
(B) unemployment rates may vary over a business
cycle due to changes in labor force participation
rather than from factors affecting labor market
strength, including--
(i) the employment-to-population (EPOP)
ratio for prime-age individuals and the
existence of ``missing workers'' or potential
workers who, because of weak job opportunities,
are neither employed nor actively seeking a
job;
(ii) the voluntary quits rate; and
(iii) the rates of wage growth and
reservation wage of potential workers; and
(3) develop a new method or methods for determining and
reporting underemployment that takes into consideration
workers--
(A) who are not in jobs that match their skill set
or education; and
(B) who are earning less than other workers in
similar occupations or with similar skill sets and
education.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of four members
appointed from among individuals with experience in the private sector,
academia, or the Federal civil service, each having expertise in
economic analysis, understanding labor markets, or statistical
analysis. Members shall be appointed as follows:
(1) Four members appointed by the President.
(2) Two members appointed by the President pro tempore of
the Senate.
(3) Two members appointed by the Speaker of the House of
Representatives.
(b) Deadline for Appointment.--Each member shall be appointed to
the Commission not later than 90 days after the date of enactment of
this Act.
(c) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(d) Basic Pay and Travel Expenses.--Members shall serve without
pay. Each member shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--Six members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(f) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
personnel of the Commission as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
SEC. 6. REPORT OF COMMISSION.
Not later than 180 days after the date on which all original
members have been appointed to the Commission, the Commission shall
transmit to the President and Congress a report that contains a
detailed statement of the findings and recommendations of the
Commission developed pursuant to section 3.
SEC. 7. TERMINATION OF COMMISSION.
(a) Termination.--The Commission shall terminate 90 days after the
date of submission of the report pursuant to section 7.
(b) Administrative Activities Before Termination.--The Commission
may use the 90-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
second report. | Labor Statistics Improvement Act Establishes an independent Commission to Improve Labor Statistics. Directs the Commission to: examine and assess the process by which the Bureau of Labor Statistics of the Department of Labor collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including the methods used for determining that an individual is considered to be looking for work; recommend any improvement to the process and methods, including proposals for any alternative measures of labor force participation, taking into account evidence that the official unemployment rate doesn't always accurately reflect labor market strength; and develop a new method for determining and reporting underemployment that takes into consideration workers who are not in jobs that match their skill sets or education and who are earning less than other workers in similar occupations or with similar skill sets and education. | {"src": "billsum_train", "title": "Labor Statistics Improvement Act"} | 1,110 | 168 | 0.697461 | 1.945636 | 0.886613 | 5.235294 | 6.575163 | 0.960784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Childhood Lead Poisoning Protection
Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) lead poisoning remains a serious environmental risk,
especially to the health of young children;
(2) childhood lead poisoning can cause reductions in IQ,
attention span, reading, and learning disabilities, and other
growth and behavior problems;
(3) children under the age of 6 are at the greatest risk
because of the sensitivity of their developing brains and
nervous systems;
(4) poor children and minority children are at
substantially higher risk of lead poisoning;
(5) it is estimated that more than 500,000 children
enrolled in Medicaid have harmful levels of lead in their
blood;
(6) children enrolled in Medicaid represent 60 percent of
the 890,000 children in the United States with elevated blood
lead levels;
(7) although the Health Care Financing Administration has
required mandatory blood lead screenings for children enrolled
in Medicaid who are not less than 1 nor more than 5 years of
age, approximately two-thirds of children enrolled in Medicaid
have not been screened or treated;
(8) the Health Care Financing Administration mandatory
screening policy has not been effective, or sufficient, to
properly identify and screen children enrolled in Medicaid who
are at risk;
(9) uniform lead screening requirements do not exist for
children not enrolled in Medicaid; and
(10) adequate treatment services are not uniformly
available for children with elevated blood lead levels.
(b) Purpose.--The purpose of this Act is to create a lead screening
safety net that will, through Medicaid and other entitlement programs,
ensure that low-income children at the highest risk of lead poisoning
receive blood lead screenings and appropriate followup care.
SEC. 3. INCREASED LEAD POISONING SCREENINGS AND TREATMENTS UNDER THE
MEDICAID PROGRAM.
(a) Penalty for Insufficient Increases in Lead Poisoning
Screenings.--
(1) Performance improvement.--Section 1903 of the Social
Security Act (42 U.S.C. 1396b) is amended by adding at the end
the following:
``(x) Performance Improvement.--
``(1) In general.--Notwithstanding section 1905(b),
beginning with fiscal year 2000 and for each fiscal year
thereafter, with respect to any State that fails to meet
minimum blood lead screening rates stated in paragraph (2), the
Federal medical assistance percentage determined under
section 1905(b) for the State for the fiscal year shall be reduced by 1
percentage point, but only with respect to--
``(A) items and services furnished under a State
plan under this title during that fiscal year;
``(B) payments made on a capitation or other risk-
basis under a State plan under this title for coverage
occurring during that fiscal year; and
``(C) payments under a State plan under this title
that are attributable to DSH allotments for the State
determined under section 1923(f) for that fiscal year.
``(2) Minimum blood lead screening rates.--The minimum
acceptable percentages of 2-year-old Medicaid-enrolled children
who have received at least 1 blood lead screening test are--
``(A) 50 percent in fiscal year 2000;
``(B) 60 percent in fiscal year 2001;
``(C) 70 percent in fiscal year 2002;
``(D) 80 percent in fiscal year 2003; and
``(E) 90 percent in each fiscal year after fiscal
year 2003.
``(3) Modification or waiver.--The Secretary may modify or
waive the application of paragraph (1) in the case of a State
that the Secretary determines has performed during a fiscal
year such a significant number of lead blood level assessments
that the State reasonably cannot be expected to achieve the
minimum blood lead screening rates established by paragraph
(2).''.
(2) Reporting requirement.--Section 1902(a)(43)(D) of the
Social Security Act (42 U.S.C. 1396a(a)(43)(D)) is amended--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the semicolon and
inserting ``, and''; and
(C) by adding at the end the following:
``(v) the number of children who are not
more than 2 years of age and enrolled in the
Medicaid Program and the number and results of
lead blood level assessments performed by the
State, along with demographic and identifying
information that is consistent with the
recommendations of the Centers for Disease
Control and Prevention with respect to lead
surveillance;''.
(b) Mandatory Screening Requirements.--Section 1902(a) of the
Social Security Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (65), by striking the period and inserting
``; and''; and
(2) by adding at the end the following:
``(66) provide that each contract entered into between the
State and an entity (including a health insuring organization
and a Medicaid managed care organization) that is responsible
for the provision (directly or through arrangements with
providers of services) of medical assistance under the State
plan shall provide for--
``(A) compliance with mandatory screening
requirements for lead blood level assessments (as
appropriate for age and risk factors) that are
commensurate with guidelines and mandates issued by the
Secretary through the Administrator of the Health Care
Financing Administration; and
``(B) coverage of appropriate qualified lead
treatment services, as prescribed by the Centers for
Disease Control and Prevention guidelines, for children
with elevated levels of lead in their blood.''.
(c) Reimbursement for Treatment of Children With Elevated Blood
Lead Levels.--Section 1905 of the Social Security Act (42 U.S.C. 1396d)
is amended--
(1) in subsection (a)--
(A) in paragraph (26), by striking ``and'' at the
end;
(B) by redesignating paragraph (27) as paragraph
(28); and
(C) by inserting after paragraph (26) the
following:
``(27) qualified lead treatment services (as defined in
subsection (v);''; and
(2) by adding at the end the following:
``(v)(1) The term `qualified lead treatment services' means all
appropriate and medically necessary services that are provided by a
qualified provider, as determined by the State, to treat a child
described in paragraph (2), including--
``(A) environmental investigations to determine the source
of a child's lead exposure, including the costs of qualified
and trained professionals (including health professionals and
lead professionals certified by the State or the Environmental
Protection Agency) to conduct such investigations and the
costs of laboratory testing of substances suspected of being
significant pathways for lead exposure (such as lead dust, paint chips,
bare soil, and water);
``(B) professional case management services to coordinate
access to such services; and
``(C) emergency measures to reduce or eliminate lead
hazards to a child, if required (as recommended by the Centers
for Disease Control and Prevention).
``(2) For purposes of paragraph (1), a child described in this
paragraph is a child who--
``(A) has attained 6 months of age but has not attained 73
months of age; and
``(B) has been identified as having a blood lead level that
equals or exceeds 20 micrograms per deciliter (or persistently
equals or exceeds 15 micrograms per deciliter).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section apply
on and after October 1, 1998.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation in order for the plan to
meet the additional requirements imposed by the amendments made
by this section, the State plan shall not be regarded as
failing to comply with the requirements of this section solely
on the basis of its failure to meet these additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year of
the session is considered to be a separate regular session of
the State legislature.
SEC. 4. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.
Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)) is amended by adding at the end the following:
``(4) Lead poisoning screening.--
``(A) In general.--Subject to subparagraph (B), for
an infant or child to be eligible to participate in the
program under this section, a member of the family of
the infant or child shall provide proof to the State
agency, not later than 180 days after enrollment of the
infant or child in the program and periodically
thereafter (as determined by the State agency), that
the infant or child has received a blood lead test for
lead poisoning using an assessment that is appropriate
for age and risk factors.
``(B) Waivers.--A State agency or local agency may
waive the requirement of subparagraph (A) with respect
to an infant or child if the State agency or local
agency determines that--
``(i) the area in which the infant or child
resides does not pose a risk of lead poisoning;
or
``(ii) the requirement would be contrary to
the religious beliefs or moral convictions of
the family of the infant or child.
``(C) Screenings by state agencies.--
``(i) In general.--On the request of a
member of a family of an infant or child who
has not been screened for lead poisoning and
who seeks to participate in the program, at no
charge to the family, a State agency shall
perform a blood lead test on the infant or
child that is appropriate for age and risk
factors.
``(ii) Reimbursement.--On the request of a
State agency that screens for lead poisoning
under clause (i) an infant or child that is
receiving medical assistance under a State plan
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), the Secretary of Health
and Human Services shall reimburse the State
agency, from funds that are made available
under that title, for the cost of the screening
(including the cost of purchasing portable
blood lead analyzer instruments approved for
sale by the Food and Drug Administration and
providing screening with the use of such
instruments through laboratories certified
under section 353 of the Public Health Service
Act (42 U.S.C. 263a)).''.
SEC. 5. LEAD POISONING SCREENING FOR EARLY HEAD START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C 9840a) is amended--
(1) in subsection (c)(2), by inserting before the semicolon
the following: ``, if the families comply with subsection
(i)''; and
(2) by adding at the end the following:
``(i) Lead Poisoning Screening.--
``(1) In general.--Subject to paragraph (2), for a child to
be eligible to participate in a program described in subsection
(a)(1), a member of the family of the child shall provide proof
to the entity carrying out the program, not later than 180 days
after enrollment of the child in the program and periodically
thereafter (as determined by the entity), that the child has
received a blood lead test for lead poisoning using an
assessment that is appropriate for age and risk factors.
``(2) Waivers.--The entity may waive the requirement of
paragraph (1) with respect to a child if the entity determines
that--
``(A) the area in which the child resides does not
pose a risk of lead poisoning; or
``(B) the requirement would be contrary to the
religious beliefs or moral convictions of the family of
the child.
``(3) Screenings by entities.--
``(A) In general.--On the request of a member of a
family of a child who has not been screened for lead
poisoning and who seeks to participate in the program,
at no charge to the family, the entity shall perform a
blood lead test on the child that is appropriate for
age and risk factors.
``(B) Reimbursement.--On the request of an entity
that screens for lead poisoning under subparagraph (A)
a child that is receiving medical assistance under a
State plan under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.), the Secretary shall reimburse
the entity, from funds that are made available under
that title, for the cost of the screening (including
the cost of purchasing portable blood lead analyzer
instruments approved for sale by the Food and Drug
Administration and providing screening with the use of
such instruments through laboratories certified under
section 353 of the Public Health Service Act (42 U.S.C.
263a)).''. | Childhood Lead Poisoning Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for a reduced Federal medical assistance percentage for States that fail to meet specified minimum blood lead screening rates established by this Act, subject to waiver by the Secretary of Health and Human Services in the case of a State that has performed during a fiscal year such a significant number of lead blood level assessments that the State reasonably cannot be expected to achieve the appropriate minimum blood lead screening rate.
Requires the State Medicaid plan to provide for reporting to the Secretary: (1) the number of children who are not more than two years of age and enrolled in the Medicaid program; and (2) the number and results of lead blood level assessments performed by the State, along with demographic and identifying information consistent with the recommendations of the Centers for Disease Control and Prevention (CDC) with respect to lead surveillance.
Requires each contract between the State and an entity responsible for provision of medical assistance under the State plan to provide for: (1) compliance with mandatory screening requirements for lead blood level assessments commensurate with guidelines and mandates issued by the Secretary through the Administrator of the Health Care Financing Administration; as well as (2) coverage of appropriate qualified lead treatment services, as prescribed by CDC guidelines, for children with elevated levels of lead in their blood. Allows reimbursement for qualified lead treatment services for children with elevated blood lead levels.
Amends the Child Nutrition Act of 1966 and the Head Start Act to mandate lead poisoning screening for an infant or child to be eligible to participate in either the special supplemental nutrition program for women, infants, and children, or early Head Start programs. | {"src": "billsum_train", "title": "Childhood Lead Poisoning Protection Act of 1998"} | 2,979 | 354 | 0.680663 | 2.0021 | 0.693138 | 4.849398 | 8.310241 | 0.951807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Registered Nurse Safe Staffing Act
of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There are hospitals throughout the United States that
have inadequate staffing of registered nurses to protect the
well-being and health of the patients.
(2) Studies show that the health of patients in hospitals
is directly proportionate to the number of registered nurses
working in the hospital.
(3) There is a critical shortage of registered nurses in
the United States.
(4) The effect of that shortage is revealed in unsafe
staffing levels in hospitals.
(5) Patient safety is adversely affected by these unsafe
staffing levels, creating a public health crisis.
(6) Registered nurses are being required to perform
professional services under conditions that do not support
quality health care or a healthful work environment for
registered nurses.
(7) As a payer for inpatient and outpatient hospital
services for individuals entitled to benefits under the
medicare program established under title XVIII of the Social
Security Act, the Federal Government has a compelling interest
in promoting the safety of such individuals by requiring any
hospital participating in such program to establish minimum
safe staffing levels for registered nurses.
SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE
PARTICIPATING HOSPITALS.
(a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1)
of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraph (R), by striking ``and'' after the
comma at the end;
(2) in subparagraph (S), by striking the period at the end
and inserting ``, and''; and
(3) by inserting after subparagraph (S) the following new
subparagraph:
``(T) in the case of a hospital, to meet the requirements
of section 1889.''.
(b) Requirements.--Part D of title XVIII of the Social Security Act
is amended by inserting after section 1888 the following new section:
``staffing requirements for medicare participating hospitals
``Sec. 1889. (a) Establishment of Staffing System.--
``(1) In general.--Each participating hospital shall adopt
and implement a staffing system that ensures a number of
registered nurses on each shift and in each unit of the
hospital to ensure appropriate staffing levels for patient
care.
``(2) Staffing system requirements.--Subject to paragraph
(3), a staffing system adopted and implemented under this
section shall--
``(A) be based upon input from the direct care-
giving registered nurse staff or their exclusive
representatives, as well as the chief nurse executive;
``(B) be based upon the number of patients and the
level and variability of intensity of care to be
provided, with appropriate consideration given to
admissions, discharges, and transfers during each
shift;
``(C) account for contextual issues affecting
staffing and the delivery of care, including
architecture and geography of the environment and
available technology;
``(D) reflect the level of preparation and
experience of those providing care;
``(E) account for staffing level effectiveness or
deficiencies in related health care classifications,
including but not limited to, certified nurse
assistants, licensed vocational nurses, licensed
psychiatric technicians, nursing assistants, aides, and
orderlies;
``(F) reflect staffing levels recommended by
specialty nursing organizations;
``(G) establish upwardly adjustable registered
nurse-to-patient ratios based upon registered nurses'
assessment of patient acuity and existing conditions;
``(H) provide that a registered nurse shall not be
assigned to work in a particular unit without first
having established the ability to provide professional
care in such unit; and
``(I) be based on methods that assure validity and
reliability.
``(3) Limitation.--A staffing system adopted and
implemented under paragraph (1) may not--
``(A) set registered-nurse levels below those
required by any Federal or State law or regulation; or
``(B) utilize any minimum registered nurse-to-
patient ratio established pursuant to paragraph (2)(G)
as an upper limit on the staffing of the hospital to
which such ratio applies.
``(b) Reporting, and Release to Public, of Certain Staffing
Information.--
``(1) Requirements for hospitals.--Each participating
hospital shall--
``(A) post daily for each shift, in a clearly
visible place, a document that specifies in a uniform
manner (as prescribed by the Secretary) the current
number of licensed and unlicensed nursing staff
directly responsible for patient care in each unit of
the hospital, identifying specifically the number of
registered nurses;
``(B) upon request, make available to the public--
``(i) the nursing staff information
described in subparagraph (A); and
``(ii) a detailed written description of
the staffing system established by the hospital
pursuant to subsection (a); and
``(C) submit to the Secretary in a uniform manner
(as prescribed by the Secretary) the nursing staff
information described in subparagraph (A) through
electronic data submission not less frequently than
quarterly.
``(2) Secretarial responsibilities.--The Secretary shall--
``(A) make the information submitted pursuant to
paragraph (1)(C) publicly available, including by
publication of such information on the Internet site of
the Department of Health and Human Services; and
``(B) provide for the auditing of such information
for accuracy as a part of the process of determining
whether an institution is a hospital for purposes of
this title.
``(c) Recordkeeping; Data Collection; Evaluation.--
``(1) Recordkeeping.--Each participating hospital shall
maintain for a period of at least 3 years (or, if longer, until
the conclusion of pending enforcement activities) such records
as the Secretary deems necessary to determine whether the
hospital has adopted and implemented a staffing system pursuant
to subsection (a).
``(2) Data collection on certain outcomes.--The Secretary
shall require the collection, maintenance, and submission of
data by each participating hospital sufficient to establish the
link between the staffing system established pursuant to
subsection (a) and--
``(A) patient acuity from maintenance of acuity
data through entries on patients' charts;
``(B) patient outcomes that are nursing sensitive,
such as patient falls, adverse drug events, injuries to
patients, skin breakdown, pneumonia, infection rates,
upper gastrointestinal bleeding, shock, cardiac arrest,
length of stay, and patient readmissions;
``(C) operational outcomes, such as work-related
injury or illness, vacancy and turnover rates, nursing
care hours per patient day, on-call use, overtime
rates, and needle-stick injuries; and
``(D) patient complaints related to staffing
levels.
``(3) Evaluation.--Each participating hospital shall
annually evaluate its staffing system and establish minimum
registered nurse staffing ratios to assure ongoing reliability
and validity of the system and ratios. The evaluation shall be
conducted by a joint management-staff committee comprised of at
least 50 percent of registered nurses who provide direct
patient care.
``(d) Enforcement.--
``(1) Responsibility.--The Secretary shall enforce the
requirements and prohibitions of this section in accordance
with the succeeding provision of this subsection.
``(2) Procedures for receiving and investigating
complaints.--The Secretary shall establish procedures under
which--
``(A) any person may file a complaint that a
participating hospital has violated a requirement or a
prohibition of this section; and
``(B) such complaints are investigated by the
Secretary.
``(3) Remedies.--If the Secretary determines that a
participating hospital has violated a requirement of this
section, the Secretary--
``(A) shall require the facility to establish a
corrective action plan to prevent the recurrence of
such violation; and
``(B) may impose civil money penalties under
paragraph (4).
``(4) Civil money penalties.--
``(A) In general.--In addition to any other
penalties prescribed by law, the Secretary may impose a
civil money penalty of not more than $10,000 for each
knowing violation of a requirement of this section,
except that the Secretary shall impose a civil money
penalty of more than $10,000 for each such violation in
the case of a participating hospital that the Secretary
determines has a pattern or practice of such violations
(with the amount of such additional penalties being
determined in accordance with a schedule or methodology
specified in regulations).
``(B) Procedures.--The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a
civil money penalty under this paragraph in the same
manner as such provisions apply to a penalty or
proceeding under section 1128A.
``(C) Public notice of violations.--
``(i) Internet site.--The Secretary shall
publish on the Internet site of the Department
of Health and Human Services the names of
participating hospitals on which civil money
penalties have been imposed under this section,
the violation for which the penalty was
imposed, and such additional information as the
Secretary determines appropriate.
``(ii) Change of ownership.--With respect
to a participating hospital that had a change
in ownership, as determined by the Secretary, penalties imposed on the
hospital while under previous ownership shall no longer be published by
the Secretary of such Internet site after the 1-year period beginning
on the date of change in ownership.
``(e) Whistleblower Protections.--
``(1) Prohibition of discrimination and retaliation.--A
participating hospital shall not discriminate or retaliate in
any manner against any patient or employee of the hospital
because that patient or employee, or any other person, has
presented a grievance or complaint, or has initiated or
cooperated in any investigation or proceeding of any kind,
relating to the staffing system or other requirements and
prohibitions of this section.
``(2) Relief for prevailing employees.--An employee of a
participating hospital who has been discriminated or retaliated
against in employment in violation of this subsection may
initiate judicial action in a United States district court and
shall be entitled to reinstatement, reimbursement for lost
wages, and work benefits caused by the unlawful acts of the
employing hospital. Prevailing employees are entitled to
reasonable attorney's fees and costs associated with pursuing
the case.
``(3) Relief for prevailing patients.--A patient who has
been discriminated or retaliated against in violation of this
subsection may initiate judicial action in a United States
district court. A prevailing patient shall be entitled to
liquidated damages of $5,000 for a violation of this statute in
addition to any other damages under other applicable statutes,
regulations, or common law. Prevailing patients are entitled to
reasonable attorney's fees and costs associated with pursuing
the case.
``(4) Limitation on actions.--No action may be brought
under paragraph (2) or (3) more than 2 years after the
discrimination or retaliation with respect to which the action
is brought.
``(5) Treatment of adverse employment actions.--For
purposes of this subsection--
``(A) an adverse employment action shall be treated
as retaliation or discrimination; and
``(B) the term `adverse employment' action
includes--
``(i) the failure to promote an individual
or provide any other employment-related benefit
for which the individual would otherwise be
eligible;
``(ii) an adverse evaluation or decision
made in relation to accreditation,
certification, credentialing, or licensing of
the individual; and
``(iii) a personnel action that is adverse
to the individual concerned.
``(f) Relationship to State Laws.--Nothing in this section shall be
construed as exempting or relieving any person from any liability,
duty, penalty, or punishment provided by any present or future law of
any State or political subdivision of a State, other than any such law
which purports to require or permit the doing of any act which would be
an unlawful practice under this title.
``(g) Regulations.--The Secretary shall promulgate such regulations
as are appropriate and necessary to implement this section.
``(h) Definitions.--In this section:
``(1) Participating hospital.--The term `participating
hospital' means a hospital that has entered into a provider
agreement under section 1866.
``(2) Registered nurse.--The term `registered nurse' means
an individual who has been granted a license to practice as a
registered nurse in at least 1 State.
``(3) Unit.--The term `unit' of a hospital is an
organizational department or separate geographic area of a
hospital, such as a burn unit, a labor and delivery room, a
post-anesthesia service area, an emergency department, an
operating room, a pediatric unit, a stepdown or intermediate
care unit, a specialty care unit, a telemetry unit, a general
medical care unit, a subacute care unit, and a transitional
inpatient care unit.
``(4) Shift.--The term `shift' means a scheduled set of
hours or duty period to be worked at a participating hospital.
``(5) Person.--The term `person' means 1 or more
individuals, associations, corporations, unincorporated
organizations, or labor unions.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2004. | Registered Nurse Safe Staffing Act of 2003 - Amends part D (Miscellaneous) of title XVIII (Medicare) of the Social Security Act (SSA) to: (1) require each participating hospital to adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care; (2) provide for the reporting and release to the public of certain staffing information, including a daily posting for each shift in the hospital of the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital; (3) set forth recordkeeping, data collection, and evaluation requirements for participating hospitals; (4) provide for enforcement of this Act through civil monetary penalties; and (5) provide whistleblower protections. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for patient protection by limiting the number of mandatory overtime hours a nurse may be required to work at certain medicare providers, and for other purposes."} | 3,020 | 177 | 0.591473 | 1.762343 | 0.794659 | 4.221519 | 17.778481 | 0.955696 |
SECTION 1. EXCISE TAX ON SELF-DEALING IN CERTAIN ASSETS OF TAX-EXEMPT
MEDICAL SERVICE ORGANIZATIONS.
(a) In General.--Chapter 42 of the Internal Revenue Code of 1986
(relating to private foundations and certain other tax-exempt
organizations) is amended by redesignating subchapter D as subchapter E
and by inserting after subchapter C the following new subchapter:
``Subchapter D--Self-Dealing in Certain Assets of Tax-Exempt Medical
Service Organizations
``Sec. 4958. Tax on self-dealing in
certain assets of tax-exempt
medical service organizations.
``SEC. 4958. TAX ON SELF-DEALING IN CERTAIN ASSETS OF TAX-EXEMPT
MEDICAL SERVICE ORGANIZATIONS.
``(a) Initial Taxes.--
``(1) On self-dealer.--There is hereby imposed a tax on
each self-dealing asset transaction between a disqualified
person and a medical service organization. The rate of tax
shall be equal to 5 percent of the amount involved with respect
to such transaction for each year (or part thereof) in the
taxable period. The tax imposed by this paragraph shall be paid
by any disqualified person (other than an organization manager
acting only as such) who participates in such transaction.
``(2) On organization manager.--In any case in which a tax
is imposed by paragraph (1), there is hereby imposed on the
participation of any organization manager in any self-dealing
asset transaction between a disqualified person and a medical
service organization, knowing that it is such a transaction, a
tax equal to 2.5 percent of the amount involved with respect to
such transaction for each year (or part thereof) in the taxable
period, unless such participation is not willful and is due to
reasonable cause. The tax imposed by this paragraph shall be
paid by any organization manager who participated in the self-
dealing asset transaction.
``(b) Additional Taxes.--
``(1) On self-dealer.--In any case in which an initial tax
is imposed by subsection (a)(1) on a self-dealing asset
transaction by a disqualified person with a medical service
organization and such transaction is not corrected within the
taxable period, there is hereby imposed a tax equal to 200
percent of the amount involved. The tax imposed by this
paragraph shall be paid by any disqualified person (other than
an organization manager acting only as such) who participated
in such transaction.
``(2) On organization manager.--In any case in which an
additional tax is imposed by paragraph (1), if an organization
manager refused to agree to part or all of the correction,
there is hereby imposed a tax equal to 50 percent of the amount
involved. The tax imposed by this paragraph shall be paid by
any organization manager who refused to agree to part or all of
the correction.
``(c) Joint and Several Liability.--If more than one person is
liable under any paragraph of subsection (a) or (b) with respect to any
one self-dealing asset transaction, all such persons shall be jointly
and severally liable under such paragraph with respect to such
transaction.
``(d) Self-Dealing Asset Transaction.--For purposes of this
section--
``(1) In general.--The term `self-dealing asset
transaction' means any direct or indirect sale or exchange, or
leasing, of any medical asset to any disqualified person.
``(2) Exception.--Such term shall not include any
transaction if it is established to the satisfaction of the
Secretary that--
``(A) such transaction is at arm's length and for
fair market value, and
``(B) such transaction does not involve (and is not
part of a series of transactions involving) the
disposition of any medical activity (or of a
substantial portion of any medical activity).
``(3) Controlled entities.--In the case of any 50-percent
controlled entity (other than an entity exempt from tax under
section 501(a)) of a medical service organization--
``(A) if there is a disposition of any medical
asset by such entity, such organization shall be
treated as disposing of such asset to the extent of
such organization's proportionate share of such entity,
and
``(B) any disposition of an interest referred to in
subsection (f)(2) in such entity shall be treated as a
disposition of such organization's proportionate share
of the medical assets of such entity.
For purposes of the preceding sentence, the term `proportionate
share' means the percentage of the interests referred to in
subsection (f)(2) in such entity which are held by such
organization.
``(e) Disqualified Person; Organization Manager.--For purposes of
this section--
``(1) Disqualified person.--The term `disqualified person'
means--
``(A) any organization manager,
``(B) any person who performs substantial
professional medical services for the medical service
organization pursuant to an employment or other
contractual relationship with such organization,
``(C) any member of a family (as defined in section
4946(d)) of any individual described in subparagraph
(A) or (B), and
``(D) any 35-percent controlled entity of persons
described in subparagraph (A), (B), or (C).
``(2) Organization manager.--The term `organization
manager' means, with respect to a medical service organization,
any officer, director, or trustee of such organization (or any
individual having powers or responsibilities similar to those
of officers, directors, or trustees of the organization).
``(f) Medical Service Organization; Medical Activity; Medical
Asset.--For purposes of this section--
``(1) Medical service organization.--The term `medical
service organization' means any organization which (without
regard to any self-dealing asset transaction) would be
described in section 501(c)(3) and exempt from tax under
section 501(a) if such organization (either directly or through
any 50-percent controlled entity of such organization) engages
in a medical activity.
``(2) Medical activity.--The term `medical activity' means
any activity of providing medical or hospital care or medical
education or medical research.
``(3) Medical asset.--The term `medical asset' means any
tangible or intangible asset used in a medical activity.
``(g) Controlled Entities.--For purposes of this section--
``(1) 35-percent controlled entity.--The term `35-percent
controlled entity' means--
``(A) a corporation in which persons described in
subparagraph (A), (B), or (C) of subsection (e)(1) own
more than 35 percent of the combined voting power,
``(B) a partnership in which such persons own more
than 35 percent of the profits interest, and
``(C) a trust or estate in which such persons own
more than 35 percent of the beneficial interest.
``(2) 50-percent controlled entity.--The term `50-percent
controlled entity' means any corporation, partnership, or trust
in which a medical service organization owns more than 50
percent of the combined voting power, profits interest, or
beneficial interest, as the case may be.
``(3) Constructive ownership rules.--Rules similar to the
rules of paragraphs (3) and (4) of section 4946(a) shall apply
for purposes of this subsection.
``(h) Other Definitions.--For purposes of this section--
``(1) Taxable period.--The term `taxable period' means,
with respect to any self-dealing asset transaction, the period
beginning with the date on which the transaction occurs and
ending on the earliest of--
``(A) the date of mailing a notice of deficiency
under section 6212 with respect to the tax imposed by
subsection (a)(1),
``(B) the date on which the tax imposed by
subsection (a)(1) is assessed, or
``(C) the date on which correction of the self-
dealing asset transaction is corrected.
``(2) Amount involved.--The term `amount involved' means,
with respect to any self-dealing asset transaction, the amount
of money and fair market value of other property transferred by
the medical service organization in the transaction (or in the
case of a lease, the fair market value of the leased property).
For purposes of the preceding sentence--
``(A) in the case of the taxes imposed by
subsection (a), fair market value shall be determined
as of the date of which the transaction occurs, and
``(B) in the case of the taxes imposed by
subsection (b), fair market value shall be the highest
fair market value during the taxable period.
``(3) Correction.--The terms `correction' and `correct'
mean, with respect to any self-dealing asset transaction,
undoing the transaction to the extent possible, but in any case
place the medical service organization in a financial position
not worse than that in which it would be if the disqualified
person were dealing under the highest fiduciary standards.''
(b) Technical and Conforming Amendments.--
(1) Subsections (a), (b), and (c) of section 4963 of such
Code are each amended by inserting ``4958,'' after ``4955,''.
(2) Subsection (b) of section 4962 of such Code is amended
by inserting before the period ``and shall not include the tax
imposed by section 4958(a) (relating to initial tax on self-
dealing asset transactions)''.
(3) Subsection (e) of section 6213 of such Code is amended
by inserting ``4958 (relating to self-dealing in certain assets
of tax-exempt medical service organizations),'' before
``4971''.
(4) The table of subchapters for chapter 42 of such Code is
amended by striking the last item and inserting the following:
``Subchapter D. Self-dealing in certain
assets of tax-exempt medical
service organizations.
``Subchapter E. Abatement of first and
second tier taxes in certain
cases.''
(c) Effective Date.--The amendments made by this section shall
apply to transactions occurring after November 26, 1991. | Amends the Internal Revenue Code to impose an excise tax on self-dealing asset transactions between a disqualified person and a medical service organization. Describes such a transaction as any direct or indirect sale or exchange, or leasing, of any medical asset to: (1) any organization manager; (2) any person who performs substantial professional medical services for the organization pursuant to an employment or other contractual arrangement; (3) any family member of such persons; or (4) any 35-percent controlled entity of such persons. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose an excise tax on certain sales of assets of medical service organizations to managers, etc. of such organization."} | 2,339 | 111 | 0.555025 | 1.553375 | 0.339298 | 4.5 | 20.423077 | 0.942308 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Selected Reserve of the Ready Reserve of the Armed
Forces is the element of the Armed Forces of the United States
that has the capability quickly to augment the active duty
forces of the Armed Forces successfully in times of crisis.
(2) The Selected Reserve has been assigned increasingly
critical levels of responsibility for carrying out the
worldwide military missions of the Armed Forces since the end
of the Cold War.
(3) Members of the Selected Reserve have served proudly as
mobilized forces in numerous theaters from Europe to the
Pacific and South America, indeed, around the world.
(4) The active duty forces of the Armed Forces cannot
successfully perform all of the national security missions of
the Armed Forces without augmentation by the Selected Reserve.
(5) The high and increasing tempo of activity of the
Selected Reserve causes turbulence in the relationships of
members of the Selected Reserve with their families, employers,
and reserve units.
(6) The turbulence often results from lengthy, sometimes
year-long, absences of the members of the Selected Reserve from
their families and their civilian jobs in the performance of
military duties necessary for the execution of essential
missions.
(7) Family turbulence includes the difficulties associated
with vacillation between coverage of members' families for
health care under civilian health benefits plans and coverage
under the military health benefits options.
(8) Up to 200,000 members of the Selected Reserve,
including, in particular, self-employed members, do not have
adequate health benefits.
SEC. 2. PARTICIPATION BY MEMBERS OF THE SELECTED RESERVE AND THEIR
DEPENDENTS IN THE TRICARE PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076a the following new section:
``Sec. 1076b. TRICARE program: participation by members of the Selected
Reserve and their dependents
``(a) In General.--(1) A member of the Selected Reserve shall be
eligible to receive health care under TRICARE Standard. Such a member
shall be required to pay 40 percent of the premiums associated with
participation in TRICARE Standard, and the Government shall be required
to pay 60 percent of such premiums.
``(2) Participation of a member of the Selected Reserve in TRICARE
Standard shall not effect the enrollment of such member in TRICARE
Prime if such member is called to active duty.
``(b) Dependents.--(1) A dependent of a member of the Selected
Reserve shall be eligible to receive health care under TRICARE
Standard. Such a member shall be required to pay 40 percent of the
premiums associated with participation by the dependent in TRICARE
Standard, and the Government shall be required to pay 60 percent of
such premiums.
``(2) Participation of a dependent of a member of the Selected
Reserve in TRICARE Standard shall not effect the enrollment of such
dependent in TRICARE Prime if such member is called to active duty.
``(c) Period for Election To Participate.--Each year the Secretary
of Defense shall specify a period for election to participate in
TRICARE Standard under subsections (a) and (b). The duration of the
annual period may be any period of 90 or more days specified by the
Secretary.
``(d) Termination of Participation.--(1) If the status of a person
as a member of the Selected Reserve terminates, the participation of
that person, or a dependent of such person, in TRICARE Standard by
reason of eligibility under this section terminates on the effective
date of that termination of status.
``(2) No portion of a premium paid for participation in TRICARE
Standard under subsection (a) or (b) shall be refunded to a person
whose participation in TRICARE Standard is terminated under paragraph
(1).
``(e) Future Applicability of Premiums Already Paid.--Premiums paid
for participation in TRICARE Standard under this section for a period
during which a member or dependent is enrolled in TRICARE Prime as a
result of the member being called to active duty shall be applied to a
period during which the member or dependent is no longer enrolled in
TRICARE Prime.
``(f) Selected Reserve.--In this section, the term `Selected
Reserve' has the meaning of that term as used in section 10143 of this
title.''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 1076a the following new item:
``1076b. TRICARE program: participation by members of the Selected
Reserve and their dependents.''. | Makes a member of the Selected Reserve and his or her dependents eligible for health care under the TRICARE Standard. Requires the member to pay 40 percent of the premiums for such care, and the Government to pay the remaining 60 percent. States that participation in TRICARE Standard shall not effect enrollment of the member or dependent in TRICARE Prime if the member is called to active duty.Requires the Secretary to Defense to annually specify a period of at least 90 days for election to participate in TRICARE Standard.Terminates coverage upon termination of membership in the Selected Reserve. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for expanded eligibility for participation by members of the Selected Reserve and their dependents in the TRICARE program."} | 1,046 | 131 | 0.577409 | 1.652794 | 0.614145 | 2.990566 | 8.915094 | 0.915094 |
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